The legal status of widows and divorcees (janda) in colonial Bali

Creese, Helen (2016) The legal status of widows and divorcees (janda) in colonial Bali. Indonesia and the Malay World, 44 128: 84-103. doi:10.1080/13639811.2015.1100862


Author Creese, Helen
Title The legal status of widows and divorcees (janda) in colonial Bali
Formatted title
The legal status of widows and divorcees (janda) in colonial Bali
Journal name Indonesia and the Malay World   Check publisher's open access policy
ISSN 1469-8382
1363-9811
Publication date 2016
Year available 2015
Sub-type Article (original research)
DOI 10.1080/13639811.2015.1100862
Volume 44
Issue 128
Start page 84
End page 103
Total pages 20
Place of publication Abingdon, Oxon, United Kingdom
Publisher Routledge
Collection year 2016
Language eng
Formatted abstract
This article explores the legal status of widows and divorced women (janda) in Bali during the transition to Dutch colonial rule at the turn of the 20th century. It examines the Balinese law codes and their application in adat (traditional) courts to consider the ways in which widows and divorcees were able to claim recognition of their economic and social rights. At that time, the Dutch established the adat law system that provided separate civil laws and courts for each ethnic group in the Netherlands Indies. Balinese traditional law codes devote considerable attention to the regulation of female sexuality both within marriage and following separation or the death of a spouse, particularly in relation to rights to property and inheritance. However, they have little to say about the dissolution of marriage. Following the imposition of Dutch colonial rule, the pre-existing Balinese traditional law codes and legal norms continued to underpin the legal process administered through the colonial customary courts but were brought into alignment with modern legal practices. The colonial administration in Bali set out systematically to provide access to the legal process for women. A number of legal cases involving widows and divorcees based on adat law precedents were recorded in the Dutch compilations of adat law cases (Adatrechtbundels). These cases relate principally to disputes between widows and the families of their former partners and indicate that the legal status of Balinese widows and divorcees was formally recognised.
Keyword Adat law
Divorce
Bali
janda
Remarriage
Widows
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2016 Collection
School of Languages and Cultures Publications
 
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