Legal Implications of Keris Marriage on the Inheritance Rights of Balinese Women: A Human Rights Perspective

Abstract

This article analyzes the legal implications of keris marriage on the inheritance rights of Balinese women from a human rights perspective. The focus of the study is on how the legal consequences of implementing a keris marriage affect the inheritance rights of daughters in the Balinese customary civil law system; remembering that in this keris marriage, the position of the groom is replaced with a symbol in the form of a keris. Is this marital status legally giving inheritance rights to daughters, considering that Balinese traditional society adheres to patrilineal kinship? Apart from that, this article analyzes juridically how gender roles influence the distribution of inheritance in patrilineal families. By using a statutory approach, a conceptual approach, a case approach, a human rights approach, and a sociological approach, it can be concluded that even though in a keris marriage the position of the bridegroom is replaced with the keris symbol, according to Balinese customary law which has Hindu religious nuances, the marriage is legally deemed to fulfill the requirements. The validity of marriage provides legal certainty regarding the recognition of women's inheritance rights in balance with the inheritance rights of sons. This traditional Balinese marriage model significantly influences Balinese women's human rights, especially in the context of inheritance of family rights and responsibilities.