Position of Marriage Agreement from the Perspective of Balinese Customary Law

Abstract: Marriage is a physical and spiritual bond between a man and a woman that is legally valid and often has a religious basis. In Indonesia, marriage is regulated in Law Number 16 of 2019 as an amendment to Law Number 1 of 1974, which defines marriage as a form of union to form an eternal and happy family. Marriage agreements, which are often used to regulate the separation of property, are starting to become widely used in Bali even though this concept clashes with Balinese customs which view marriage as a sacred relationship that unites two individuals as a whole. In Balinese customary law, marriage aims to maintain lineage in accordance with the kinship system, both patrilineal and matrilineal, so that agreements that limit property rights in marriage are often considered taboo. However, developments in the economic needs of society and efforts to legally protect individual assets in marriage encourage the implementation of this agreement, especially with the Constitutional Court decision which legalizes post-nuptial agreements. This article highlights the dilemma of accepting marriage agreements in Balinese traditional society and the need for adjustments that do not conflict with local customary values to achieve a balance between state law and local traditions.