Protection for Women as A Response of Pregnancy prior to Marriage Phenomenon in Bali

Ni Komang Ratih Kumala Dewi1, Ni Luh Gede Yogi Arthani2, Ni Komang Sutrisni3, Putu Putri Pradnyani Dewi4, Ni Nyoman Dewi Mega Purnami Sari5

  • 1Law Faculty of Universitas Mahasaraswati Denpasar, E-mail:[email protected]

  • 2Law Faculty of Universitas Mahasaraswati Denpasar, E-mail: [email protected]

  • 3Law Faculty of Universitas Mahasaraswati Denpasar, E-mail:[email protected] 4Law Faculty of Universitas Mahasaraswati Denpasar, E-mail: [email protected] 5Law Faculty of Universitas Mahasaraswati Denpasar, E-mail: [email protected]

    Article Info

    Received: 30th December 2022

    Accepted : 28th December 2023

    Published : 30th December 2023

    Keywords:

    Protection, Women, Pregnancy prior to marriage, phenomenon

    Corresponding Author:

    Ni Komang Ratih Kumala

    Dewi, E-mail:

    [email protected] d


    DOI:

    10.24843/JMHU.2023.v12.i0

    4.p05


Abstract

The development of sing beling sing nganten (pro-choice for married by accident) the sing beling sing nganten phenomenon in Bali is causing concern among parents and the community due to the younger generation's inclination towards engaging in sexual relationships before marriage, often with the intention of pregnancy. Various triggering factors lead them to these actions. Women, in particular, may not fully contemplate the repercussions or considerations if their plans go awry. Consequently, there's a need for protective measures for women within this phenomenon. The research aimed to identify the necessary protection for women in response to this phenomenon. Employing empirical and legal research methods, the study utilized oral data from interviews and direct observation of real behaviors. The research identified two forms of protection for women concerning this phenomenon: Preventive Legal Protection and Repressive Legal Protection.

  • I.    Introduction

In the current modern age, human behavior and problems in the social environment are increasingly diverse. The passage of time has brought about new demands for human needs that must be met, in tandem with the rapid development of cities 1, Today's modern lifestyle can also cause promiscuity in adolescents. The concept of modernization involves shifting attitudes and mentalities within the community to live in accordance with present-day requirements.. 2 Following a lifestyle or trend that is not following the prevailing norms can eventually lead to promiscuity. If someone does not follow the current lifestyle, they will be considered outdated. Yet some development brings serious impact, especially for the young generation. This shows that development also brings bad

impacts. In urban society, the main factor is due to a shift in behavior and values in society, where the ease of transferring information makes the style of friendship with the opposite sex shift to a modern dating style in which very close relationships are established with each other leading to a permissive attitude in sexual relations without marital status.

Marriage is a human right aiming to have life partners, considering that human is a social beings who cannot live alone and need to prevent extinction. Marriage (‘perkawinan’ in Bahasa) comes from Arabian, such as Zawwaja and Nakaha, which Nakaha means to gather and Zawwaja means partner, that in Bahasa marriage means bringing 2 people together.3 Child marriage is legalized Under Indonesian Law No. 16 of 2019 regarding Marriage, Article 7, specifies that marriage is permissible if the male and female is at least 19 years old.4

Marriage is holy and sacred in its implementation from the cultural point of view, decency and religion experiencing the implementation shifting alongside with the age development. For a marriage to endure and last eternally, maturity in actions is essential for the couple embarking on this union. 5 The shifting is marked by a phenomenon of sing beling sing nganten (pro-choice for married by accident) in Bali. Sing beling sing nganten means that if there is no pregnancy, the marriage will not happen. Pregnancy outside marriage is mostly not expected by all parties. The process of pregnancy commences with the growth and development of the fetus inside the womb, beginning at conception and concluding when labor begins.. 6

Suicide and abortion cases are usually dominated by psychological pressure caused by outside the marriage. Unsafe abortion practices pose a barrier to both women's reproductive rights and the rights of women and fetuses. 7Both cases can happen when women feel uncomfortable, haunted by embarrassment, low self-esteem, sinful feeling, depression, and pessimistic. There are several conditions about the phenomenon of sing beling sing nganten, such as all parties wanting the women to be pregnant first before marriage which demands the men be responsible for the action of marriage. For all reasons, pregnancy outside marriage is unjustified and permissible.

Seeing from the gender point of view, the phenomenon brings more harm to women, who usually experience strong psychological pressure. Gender is a role and responsibility shown to men and women which is related to the belief of the ideology about men and

women to be acting according to the social and cultural norms in their environment.8 In Bali, marriage expects descendants, therefore the descendants can do the task of helping the ancestor to be united to the Almighty God. The Marriage Law specifies that the purpose of marriage for couples is to establish a joyful and enduring family based on the Divine. Furthermore, in the Marriage Law's elaboration, fostering a blissful family is intricately connected to matters of lineage. The absence of children deprives the family of several essential functions, like reproduction, education, and caregiving, leading to the inability of parents to fulfill their roles in giving birth to, nurturing, and raising children.9 However, the emergence of the sing beling sing nganten phenomenon tarnishes the sanctity and sacredness of marital values. Until finally the words sing beling sing nganten became popular among the Balinese people. How sad a woman is forced to marry because she is pregnant. She has to face various rejections and obstacles from various groups. So often found forms of rejection for newborn babies. Discrimination against women and children must stop. Women who experience this will always be looked down upon by men because marriages are carried out under compulsion as a form of responsibility for the man who has made her pregnant. Households that are carried out under compulsion will only create disharmony in the family. Until the divorce rate increases. Becoming a parent who is not mentally prepared to build a family and accompanied by a lack of skills to raise children can put the child born at risk of experiencing abuse and/or neglect.

According to the background, therefore considering gender equality, the loss of women is bigger in the context of this phenomenon. The issue discussed in this research concerns the Protection of Women Amidst the Phenomenon of Pregnancy Outside of Marriage among Balinese Women.This topic is interesting to be investigated especially regarding women protection as a response to the phenomenon of sing beling sing nganten in Bali. The research aimed at composing protection of women's position in facing the phenomenon for the sake of gender equality. In previous research, Al Azhar Indonesia University conducted a study on family communication, particularly focusing on parental communication with children, especially regarding decisions about early marriage. Additionally, Eni Dyah Ayu Rohmawati conducted research on the factors contributing to premarital pregnancies in the Tegalsari Surabaya Office of Religious Affairs. Furthermore, a higher education institution in Bandung previously researched the considerations of religious courts regarding dispensations for underage marriages resulting from pregnancies outside of wedlock. With these previous studies, it's evident that my research novelty lies in examining the legal protection of women amidst the phenomenon of premarital pregnancies.

  • 2.    Research Methodology

The research entitled “Protection for Women as A Response of , Pregnancy prior to marriage Phenomenon in Bali” aimed at composing the concept of protection using empirical research methodology such as Legal research that incorporates empirical evidence sourced from human behavior relies on data acquired through interviews, which provide oral data, and direct observation of real-life behaviors.10 The approach used was the statute approach which analyzed regulations based on statute hierarchy in Indonesia. The

regulations used comprise Law No. 1 of 1974 concerning Marriage, Law No. 16 of 2019 amending Law No. 1 of 1974 concerning Marriage, and other relevant regulations related to the issues addressed in this research. The second approach was the Fact Approach seeing the status quo of the research setting or primary data. Two types of regulation matter as the guidelines in this research were the primary and secondary regulation matter. The research used qualitative analysis techniques by inserting description and argumentation drawing the research by focusing on the traditional culture in Bali and the Balinese lifestyle.

  • 3.    Result and Discussion

    • 3.1    Protection for Women as A Response of Pregnancy Prior To Marriage Phenomenon in Bali

Bali Island is one of the small islands located in Indonesian waters. The attractiveness of the island is its natural beauty, culture, and variety of unique culinary delights which become the uniqueness differentiating the island from others. Each region certainly has different customs and traditions, as well as Bali, one of which is regarding heredity. Balinese people who are mostly Hindus, run the family under the patrilineal family system, seeing the sons as heirs who are believed to give status and position as purusa in the community.11

The children’s presence is highly anticipated by married couples. Especially in Bali which has thick customs and traditions, since the children’s presence in Bali is not only as the next generation but concerning the community, for example in terms of nyama braya, ngayah, and related to the religious matters such as worships ancestors in the beginning, nyungsung merajan, etc. Until the Balinese people commit various ways to get offspring so that the family does not experience the state of putung (no next generation).

Having children, viewed from a legal point of view must be following the rules, namely the existence of marriage. Definition of marriage according to Indonesian Law No. 1 of 1974 and Indonesian Law No. 16 of 2019 as a change of marriage law explained in Article 1 that marriage is the physical and spiritual bond between a man and a woman as husband and wife to form a happy and eternal family or household based on Belief in the One and Only God. Marriage is expected to be giving birth to a legitimate child according to law and religion, the child is a mandate from God and as the next generation, the nation has various potentials that need to be developed optimally. Extraordinary children's abilities should be developed according to the stages of their development. As an individual, a child needs aspects that support their development. In growing and developing, children must pay attention to all kinds of needs. Child welfare refers to the fulfillment of all the rights and needs of children's lives. Children's rights constitute fundamental entitlements that must be granted to and upheld for children, encompassing both early childhood and adolescents aged 12-18 years. These rights are applicable to all children, irrespective of

whether they have parental care or are without parents, extending to abandoned children as well.12

The issues children face become focal points not just for the concerned families but also for the state and international communities. Every nation acknowledges that children represent the future. It's the joint responsibility of parents, families, communities, governments, and the state to continually undertake a series of activities aimed at safeguarding children's rights. These ongoing activities must be sustainable and focused on ensuring the holistic growth and development of children—physically, mentally, spiritually, and socially.

The phenomenon of sing beling sing nganten still becomes pros and cons in the society of Balinese Hindus. Sexual behavior before marriage has long been a cultural concern, free sex has begun to threaten cultural values and begins to threaten the nation's moral values. Many teenagers who commit free sex lifestyle are impacted in many ways, such as mental, psychological, and reproductive health. The lifestyle has more negative impacts on the life and dignity of adolescents or adults who practice it, such as loss of self-esteem, decreased performance, abortion, suicide, mental and emotional stress, disease, and tarnished family name.

Ethics in the Hindu community the word "decency" or “susila”, comes from “su” and “sila”. The word “su” means kind and “sila” means attitude and kind behavior of humans. In Hindus, ethics is knowledge of the values of yin and yang, the behavior must be done or avoided, therefore, a good relationship between humans is created in Hindus, ethics is defined as deontology that becomes guidelines for human beings.13

The phenomenon of teenage pregnancy before marriage fundamentally contradicts religious teachings. Behavior taught in religion generally encompasses good conduct aligned with the ethics and customs of society. The prevalence of teenage pregnancies before marriage mostly stems from patterns of promiscuity, where normatively, sexual relationships are deemed appropriate post-marriage, and engaging in such relations before marriage is seen as tarnishing the sanctity of marriage. There are various causes for this phenomenon, notably excessive romantic attachment between a woman and a man, where premarital pregnancy is sometimes used as an attempt to gain approval for a marriage that isn't sanctioned by their respective parents. The progression of promiscuous behavior resulting in premarital pregnancies is increasingly viewed as acceptable among adolescents, hence necessitating efforts to rectify this trend.

Women are always wrong in this matter. Therefore, various discrimination and rejection occur to women and pregnancies before marriage. Women are often portrayed as weak, in contrast to men who are considered very strong to do things related to muscles or physical strength. This is influenced by the cultural and social systems that exist in Indonesia. Indonesia as a country that uses eastern customs greatly restricts women from

Jurnal Magister Hukum Udayana (Udayana Master Law Journal),

Vol. 12 No. 4 Desember 2023, 811-822

working and increasing their status. women are also very synonymous with adversity and oppression. As a small example a female hero, namely R.A. Kartini. a female figure who has a soul to elevate the degree of women. This is written in the book “habis gelap terbitlah terang” or "out of darkness comes light".

In the current era, the role of women needs to be developed sustainably so that they can face global challenges and growing national demands. These thoughts are summarized in a new paradigm that the aim is to instigate shifts in perspectives and catalyze strategic, tangible actions toward empowering women.The development of women's roles has been carried out for more than 35 years and many results have been achieved, for example increasing the variety of roles played by women. In the era of the third millennium, efforts to reposition the roles and functions of women are very appropriate to further accelerate the realization of the ideals of gender equality in family, community, nation, and state life.14

The roles of women experience changed, in the past women only have a role around the household, and yet today besides housewife, can play the role of lawyers, teachers, businessmen, politicians, and community empowerment, so that the environment for women's interaction becomes very broad. They have no longer functioned as mothers for their children, wives for their husbands, and children for their parents, they have also functioned as work partners in the career world. But with the development of the times, women also need protection both legally. Protection of women according to Indonesian positive law based on the Undang-Undang Dasar Republik Indonesia Tahun 1945 which has been amended with provisions that pay attention to the principles of non-discrimination and make gender equality more equal. So is in the Undang-Undang No.7 Tahun 1984 about Konvensi Mengenai Penghapusan Segala Bentuk Diskriminasi Terhadap Perempuan.

The emergence of the phenomenon of sing beling sing nganten cannot be denied and is very worrying for the current generation’s development, especially women. There are concerns the rise of diverse forms of human manipulation and exploitation, particularly targeting women, is concerning. Instead of receiving rightful treatment, women often face exploitation for specific ends. Despite being creations of a higher power, women must safeguard their self-respect and dignity, ensuring their right to life to flourish and evolve in harmony with their inherent nature and potential.

In the realm of safeguarding human rights, the protection of women epitomizes the right to life and freedom from servitude or enslavement. Upholding the law to shield women involves persistent efforts in prevention and eradication, crucial for sustaining high-quality human resources. Equitable protection for women and children should mirror that afforded to adults and men, as everyone holds equal standing before the law. The law, as a mirror reflecting justice, fairness, and certainty, transcends mere displays of power, emphasizing the imperative to safeguard all citizens.

Indonesian Law is based on Pancasila and UUD 1945. The law is not just a shield that is used to hide, the law that is already available is the right foundation for realizing protection for women. The multifaceted nature of government efforts to protect women

necessitates collaborative networking for successful implementation.. Law is a state tool that has the goal of ordering, reconciling, and organizing the life of a nation to achieve justice and balance. The law regulates human relations in society based on various principles as well. Law is not an exact science that can be ascertained. There is no absolute certainty regarding the meaning of the law. Many jurists define law differently. The law lasts for thousands of years and is the most valuable heritage of western civilization. The law serves as a guideline, urging individuals to strive for specific ideals and conditions while acknowledging practical realities. It is categorized under cultural norms, reflecting traits of moral norms that delineate what ought to be done

Law in its role in society has a purpose, which is inseparable from the universal nature of law. But still aware of the distinctive characteristics of each community or nation. Therefore, the purpose of the law itself has characteristics or specificities because of the influence of philosophy which is transformed into the ideology of society or nation and state which also functions as the ideal of law. The purpose of law in general is solely for justice, benefit, and legal certainty. The purpose of this law is a sequence that is a requirement or basis for the next goal. Legal objectives will not be achieved before the previous objectives can be realized. Justice must have the first and most important position in terms of legal certainty and benefits. The objective of legal certainty ranks at the top among the other objectives, but in reality, the objective of justice occupies a position above another legal objective. In reality, there is often a conflict between legal certainty and expediency, or between justice and legal certainty, between justice and expediency. In principle, the law is a reality, and various statements guarantee the adjustment of one's freedom and well with other people, which regulates human relations in society based on various principles as well.

Indeed, it is very difficult to determine the parameters that the three legal objectives are said to have been realized proportionally, but that does not mean that the three legal objectives cannot be harmonized and are impossible to achieve proportionally. The discussion of justice, legal certainty, and expediency are in the axiological aspects of each school in legal philosophy, which also has the axiological aspects of legal reasoning models, the natural law school has an axiological aspect in the form of justice. Legal positivism has an axiological aspect in the form of legal certainty. Utilitarianism has an axiological aspect in the form of legal certainty followed by expediency.15

There are concerns about the emergence of various problems with the sing beling sing nganten phenomenon, for this reason, women require a form of safeguarding. Protection of women is all efforts aimed at protecting women and providing a sense of security in fulfilling Ensuring their rights through continuous and methodical focus directed towards achieving gender equality. The rise of the phenomenon is very worrying for Balinese parents.Of course, various efforts have been made by parents to prevent pregnancies outside of marriage, but sometimes parents can also be careless in supervising their children.

According to the Chief of PHDI Bali Denpasar, I Nyoman Kenak, S.H. He explained that the form of legal protection for women in the sing beling sing nganten phenomenon does

not exist according to religious law, it is more about the awareness by the couple that having sexual relations outside of marriage is wrong and according to religion it is not justified and is a violation decency, while the legal protection that can be legally given can be seen from two aspects namely:

  • a.    Preventive Legal Protection

Government-provided protection aims to prevent violations proactively. Enshrined in statutory regulations, it anticipates and averts infractions by offering guidance or cues for fulfilling obligations and preventing transgressions. For the phenomenon of sing beling sing nganten preventive efforts that can be given by women by doing more things that have a positive impact such as praying diligently hoping that by getting closer to God as the creator we will always be protected, diligently cleaning ourselves and minds.

  • b.    Repressive Legal Protection

The ultimate form of protective measures within the legal system involves repressive actions, such as fines, imprisonment, and supplementary penalties imposed upon the occurrence of a dispute or commission of an offense.. The repressive efforts that can be carried out are of course accountability for the actions committed because it has made a woman pregnant, and he must marry her. 16

Sing beling sing nganten constitutes a legal transgression falling under the classification of adultery, where adultery is an act committed by a man and a woman who commit acts of intercourse without a husband and wife relationship. Of course, sing beling sing nganten which is being carried out by teenagers today is a violation of the law, this is also in line with the opinion of the community by distributing questionnaires that get the results, such as:

apakah fenomena sing beling sing nganten bertentangan dengan hukum 52 jawaban


Φ i≡ * tidak


The finding revealed that 38,5% said it was an act that was against the law and 61,5 % answered disagreed is said to be an act contrary to the law. Seeing from the results of this questionnaire, of course, many things influence the current generation to choose to

get pregnant before marriage, as explained by Ketut Nurita who is one of the pemangku through interviews where he said that the things that trigger one of them are due to the process of shifting thinking, technology, and association. 17It is hoped that with time, changing days and years, all forms of actions and behavior that are not following the norms that apply in society can be immediately eliminated so that future generations can maintain our cultures which must be preserved, not creating a new culture that is not following religion and law. Based on Emile Durkheim's Functionalism theory, humans are social beings, which can be interpreted as every individual will inevitably engage in interactions with others. Humans inherently need others besides themselves. The reciprocal relationships among societies will generate rights and responsibilities between individuals, groups among themselves, and one society with another society.18 Through these interactions, relationships between individuals are established effectively. This social interaction begins in the family environment, extends to the school and work environments, and beyond. Nearly all activities undertaken by individuals necessitate social interaction with others. According to Emile Durkheim, the attainment of human social life and the existence of social order within a society are referred to as social solidarity. Durkheim's concept of social solidarity is closely linked to what are known as social facts. These types of social facts possess a coercive power over individuals irrespective of their own will.19 Additionally, he added that social facts exist externally and "control" every human. The social facts articulated by Durkheim cannot be clearly seen. Although not visibly evident, these social facts can determine an individual's life. Therefore, Durkheim stated that society is a sui generis reality. Sui generis refers to a society that has its own existence. Indonesia might consider a sui generis system considering the characteristics of Indonesian society, which are significantly different from Western societies. The characteristics of Indonesian society are still marked by a collective or communal system and religious values. As a result, the behaviors of its people are still deeply imbued with and guided by these value systems.20 Durkheim mentioned that a common issue often seen in social solidarity is the difference between one generation and another. For instance, social solidarity among traditional society's generations differs from that among modern society's generations. Solidarity represents a state of mutual trust among members within a group or community. When people trust each other, they unify—forming friendships, showing mutual respect, feeling compelled to take responsibility, and considering shared interests.21 Solidarity manifests in two forms: mechanical and organic. Societies marked by mechanical solidarity unite due to their shared activities, jobs, and responsibilities.

Conversely, societies characterized by organic solidarity endure together precisely because of their internal differences, as everyone holds distinct jobs and responsibilities.22

Traditional societies are very simple or it can be said that the roles individuals have within the community aren't as diverse. Traditional societies do not aim to perceive the world in a broader sense because their lives entail less variety or they simply adhere to tasks predefined by societal norms. On the other hand, modern society's lifestyle is more complex, resulting in a more intricate division of labor. While traditional societies may have only one or two roles, it's different in modern societies where individuals have numerous roles within the community. Based on the data above, it appears that modern society tends to neglect established rules and customs, considering them no longer suitable for contemporary life. Consequently, various adolescent trends have emerged, impacting the current mindset and behavior of young people.

  • 4.    Conclusion

The protection of women amidst the phenomenon of premarital pregnancy in Bali requires both preventive and punitive legal measures. Preventive legal protection involves regulating rules to prevent promiscuous behavior and necessitates community involvement to alter the behavior of adolescents, who are increasingly engaging in promiscuity leading to premarital pregnancies. Marriage education serves as a preventive measure against promiscuous behavior among adolescents. Repressive legal protection, on the other hand, deals with imposing penalties or sanctions regulated within the community against adolescents involved in promiscuous behavior resulting in premarital pregnancy. However, considering the aspect of adolescent awareness to take responsibility by engaging in marriage, it's crucial to consider this consciousness. The hope is that this awareness becomes the foundation for them to change their behavior positively in the future. Additionally, active community participation is essential to prevent adolescents from falling into promiscuous behavior leading to premarital pregnancies

Acknowledgments

The authors express their gratitude to the entities that have contributed to the research, especially the parties or institutions that funded this research, namely LPPM Unmas Denpasar, including parties who individually helped provide information related to this research such as PHDI BALI, as well as stakeholders and other parties that we cannot mention one by one.

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