The Dissolution of Descended Caste Marriage and Its Implication on Balinese Women: Human Right Perspectives

Abstract

This paper analysis the dissolution of inter-caste marriages, nyerod ‘descended caste’ marriages, and their implications for Balinese women in the perspective of human rights. The focus of this research is the position of Balinese triwangsa caste women (those who are from Brahmana, Ksatriya, and Wesya) whose nyerod marriages are dissolved. The method used was the empirical legal research method using a statutory approach, a conceptual approach, an analytical approach, a sociological approach and a human rights approach. As an analytical tool for the legal issues studied, the theory of Human Rights (HAM) was applied because factually the Balinese customary law community is still attached to the recognition of caste even though there has been a Bali DPRD decision Number 11 of 1951 which negates the implementation Patiwangi ceremony, the ceremony of neutralizing one's caste position. The data used were obtained through direct observation and interviews with informants based on purposive sampling technique. The result of the analysis shows that the existence of caste in the Balinese customary law community is actually a burden for triwangsa women whose marriages are dissolved, because the Balinese triwangsa women who have chosen the nyerod marriages are considered out of their original caste, so they can no longer be recognized as part of the triwangsa clan, even though from a human rights perspective the Balinese customary law community highly respects human rights. However, in the event that the marriage was dissolved, socio-culturally it turned out that the elderly people from Puri or Griya, those who belong to triwangsa did not re-recognize the caste of Balinese women who were returning to their home family, even though they were their own biological children. The strong attitude of the elderly people of the Puri or Griya palaces in refusing nyerod marriages bring implication that the triwangsa women were afraid and ashamed to return to their original homes/family because they feel they are no longer part of the triwangsa clan.