Pengembangan Usaha Terhadap Perempuan Bali Pasca Perceraian Dari Perkawinan Campuran Bermuatan Gender Dalam Hukum

Abstract

This study aims to examine the opportunities for Balinese women in the field of
business development after divorce from mixed marriages, prioritizing the principle of
gender responsiveness into awig-awig, the application of the burden of tolerance to
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menyama braya, the status of krama istri, and carrying out the obligation to dance at the
temple. Tri Kahyangan is the goal of the gender content in the law of the business being
developed. The research method in this study is sociological jurisprudence, and the type
of research is analytic study of legal materials that adopt women's rights in the business
world. The binding legal material refers to the Republic of Indonesia State Constitution
Article 18 B paragraph (2) and the Traditional Village Awigers which refer to the Decree
Number 01 / KEP / PSM-3/ MDP / Bali / X / 2010 by the Main Assembly of the Pakraman
Village ( MUDP) Bali concerning the division of inheritance of Balinese women with
status (pradana) has the right to inherit even though they have married and followed her
husband, inheritance in the form of assets can be the main capital for business
development in the context of business law. The determination of the research subject was
carried out by stratified random sampling. Legal material analysis techniques are
descriptive. The results of the study: Balinese women were given the opportunity to be
accepted as wife's manners based on the pre-marital agreement of the bride, bride's
family, and traditional village which contained the provision that in the future if an
incident of custom divorce is ready to accept and provide opportunities to carry out
routines such as the wives of their wives in general. The implication of the gender content
in the law is that the consensus reference from the results of the women's traditional
village meeting that is the status of widows from mixed marriages is given the opportunity
to open business opportunities in the local village area, and is entitled to inheritance
grants in accordance with the provisions adopted by MUDP Bali after obtaining an
agreement with the family big through family consultation with the traditional village
(dharma pula).