Legal Implications of Contract Marriage between Foreign Nationals and the Indigenous People of Bali

Universitas Pendidikan Ganesha, Singaraja, Indonesia

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Abstract

Contractual marriages between foreign nationals and indigenous Balinese have raised questions about legality, cultural integrity, and social justice. The purpose of this study is to analyze the legal impact of contractual marriages involving foreign nationals and Balinese Indigenous Peoples, focusing on their recognition, validity, and consequences under national and customary law. This study employed empirical legal (socio-legal) methods. Data collection techniques included field observations, interviews with traditional leaders, and a study of community legal sources, including Article 2 of the Marriage Law, several customary village regulations (awig-awig), Customary Village Regulation No. 4 of 2019, and the Decree of Pasamuhan Agung IV MDA Bali in 2023. The research findings indicate a gap between das Sollen (principal law) and das Sein (practical law). Legally, contractual marriages are invalid under state law because they are not registered and not carried out according to religious teachings. From the perspective of Balinese customary law, contractual marriages are not recognized because they do not follow the mandatory ceremonial procession involving Dewa Saksi, Manusa Saksi, and Bhuta Saksi. This study concludes that such marriages establish women's status as legitimate wives (krama), eliminate the recognition of children as sentana (lawful wives), along with their inheritance and land rights, and implicate their social position within the traditional community. Consequently, marriage contracts pose structural challenges, threatening agrarian protection, women's rights, and the cultural dignity of Balinese society.