Problematic and Alternative Solutions of Different Wangsa Marriage at Balinese Community in Lombok

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Introduction
Marriage is one of the most important levels in human life because of the transition from adult life to family life. In the life cycle of the Hindus community, it is known that the four phases of life passed are called catur asrama. Catur asrama is the four stages of life that must be lived by Hindus to reach moksa. The parts of catur asrama are brahmacari asrama, grhasta asrama, wanaprasta asrama, sanyasin asrama or bhiksuka (Swastika Pasek, 2010). Related to that marriage is part of grhasta asrama period, namely the household period at this time someone no longer takes care of himself but gets an additional burden in the form of responsibility to guide and protect the family he has formed. At this time there was a transition of status from a consumptive person to a productive person or from an individual who was once regulated to a rule such as a woman who was once called a girl to become a housewife as well as a man who had become a father of a household (Ardhana & Wijaya, 2017).
Marriage is an act of individuality in which there are three important aspects, namely (1) social aspects, where marriage is the basis for family formation because it carries a consequence of changes in social status for the person, namely the change of life itself into a community. (2) the religious aspect that marriage is a sacred and noble institution, said to be sacred because it can prevent people from unwanted things, such as adultery and rape. Marriage is called noble because marriage will produce offspring in avoiding humans from extinction. In the Hindu religion, marriage is called yadnya because it is a sacrifice. (3) the legal aspect of marriage which is a physical and spiritual bond between a man and a woman to form a happy and eternal household based on God Almighty only said to be valid if carried out according to religion and adat (Jaman, 1998).
The Marriage Law (Undang-Undang Perkawinan) Number 1 of 1974 concerning Marriage and Government Regulation Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 concerning Marriage, is a legal unification that regulates the procedure for the implementation of marriage in Indonesia. In Article 2 Paragraph (1) states that marriage is legal if it is carried out according to the laws of each religion and its beliefs. In this case, the marriage law still respects and respects the diversity of the socio-cultural conditions of the Indonesian people.
Therefore marriage in the Hindu community in Lombok is known as the pawiwahan, which is not only a worldly or scandalous act but also an act of the occult or non-existent world. As the application of marriage in the Hindu community in Lombok carried out with tri upesaksi, namely human witness in the form of invited guests witnessed by the family and kelian banjar. Butha witnesses a ceremony mabeya kaon before the ceremony begins and the last is the Witness God, in the form of a banten presented in the sanggah (family temple) before the ceremony is held for brides (Karjono et al., 2017).
Balinese Hindu society in Lombok in carrying out religious traditions such as manusa yadnya is always related to the social coating in their environment. The phenomenon of social stratification is always there when carrying out the ceremony such as marriage where the Hindu Balinese people of Lombok who have been living in Lombok for generations have established a pattern of kinship with the sidhikara system. The system of social coating based on descent in Balinese Hindu society in Lombok becomes a complex problem especially if there is a marriage of different castes or wangsa often causing conflict and even a latent problem in family harmony as well as interfaith marriages. Based on the results of a survey on the implementation of different wangsa weddings recorded in the city of Mataram in 2015, there were 135 couples in total. (Duk Capil Mataram City, 2015) The social coating formed based on heredity or birth called wangsa greatly influences the marriage system of the Balinese Hindu community in Lombok, especially towards marriage between men and women who have different ancestry. The phenomenon of the wangsa in the application of the marriage system has two problems, namely, first, women who have a lower wangsa married to a male who has a higher wangsa must be prepared to be treated unequally by the husband's family. This is like on pawiwahan ceremony in the form of

IJSSH
Vol. 3 No. 2, August 2019, pages: 84~94 banten ayaban for the bride not to be put together with the bridegroom but apart, or the location is lower even sometimes under and over the ayaban is not eaten by the family of men who carry the status of tri wangsa, and the women as wives must be willing to serve the family husbands who have a higher wangsa, as well as in using their language, namely sor singgih they must use delicate Balinese language including the children they are born with. Second, women from the higher wangsa, married to a lower wangsa, then the female wangsa will go down following her husband along with the establishment of the patrilinal cultural system that she adheres to following her husband's clan (Mustika, 2017). Social coating systems such as wangsa, soroh or caste that exist in the community turned out to have legal implications that lead to gender injustice because they think there are differences vertically. Related to this Kembar Kerepun (2007), revealed that in ancient times the marriage of brahmana wangsa women with men of the ksatria wangsa (except Ksatria Dalem), vaishya and sudra was called Asupundung, while the marriage between the ksatria wangsa women and male of vaishya or sudra was called Alangkahi Karang Hulu. This type of marriage was once considered an offense in society. This offense was once arranged in the Bali and Lombok , which contains the catur warna application. Automatic violation of the marriage ban was revoked. The application of the revocation of this ban has not been known thoroughly by the community, so the application of this different wangsa marriage still occurs at Balinese Hindu Society in Lombok. As a result of the above phenomenon and followed by the pattern of the sidhikara kinship system the Hindu community in Lombok seemed to be a box of self-confinement so that Hinduism had difficulty developing like other religions.
Actually, both in religious and legal law the state knows no difference between one human being and another. So that juridically there is no longer a prohibition on marriage based on differences in the population because there is nothing in the laws of the Republic of Indonesia that explicitly prohibits it, especially in the Republic of Indonesia, human rights are the main priority, that everyone is born free with human dignity and values that are equal and equal and are endowed with reason and conscience to live in charity, nation, and state in the spirit of brotherhood. Even more explicitly explained in the Marriage Law (Undang-Undang Perkawinan) No. 1 of 1974, Article 1, states that marriage is an inner and outer bond between a woman and a man to form a happy and eternal family.
The application of this article should be a person who is married or bound by marriage, both women and men, to become a unified whole in both social and material social relations. Because there are differences in social status such as a wangsa or caste between husband and wife in fostering a household, so the goal of marriage to form a happy family as mandated in the marriage law is hampered (Suarta, 2017;Suastra, 2017).
As a constitution in state regulations, Constitution (Undang-Undang Dasar) 1945, Article 28B Paragraph (1) states, everyone has the right to form a family and continue the descent through legal marriage. Contains the meaning that each person has their respective rights in forming a family and having children through legal marriage. Having a family and continuing descent are things that are recommended by religion in this context, which of course is not only a legitimate marriage in the eyes of religious law but in the eyes of state law. So the caste system that prohibits the existence of marriage of different wangsa, is contrary to the sound of Article 28B Paragraph (1) of the Constitution (Undang-Undang Dasar) 1945. It needs to be understood that as long as the marriage is legitimate it will have legal certainty and certainly get legal protection, the prohibition on the marriage of different wangsa is clearly constitutionally contradictory From the observations in the surrounding environment, it turns out that the injustice treatment in different wangsa marriages still occurs in Balinese Hindu community in Lombok. Based on this fact, this research was carried out to follow up on this phenomenon and describe the legal basis for establishing social stratification in Balinese Hindu communities in Lombok, including phenomena that occur in different wangsa marriages, as well as how to implement social institutions for Balinese Hindus in responding to different wangsa marriages. With the hope that the results of this study can provide a more comprehensive picture of the community and have positive implications for preventing intolerant conflicts due to fanaticism the notion of color comprehension, wangsa, soroh and caste that has been wrong in the community.

Materials and Methods
Based on the above phenomenon, this study includes empirical juridical research, which is a study that not only emphasizes the law but also the reality of the implementation of law in society. Approach method that is used by historical approach. This approach is carried out in order to understand the philosophy of the rule of law from time to time and to understand the changes and developments in the philosophy that underlie these legal rules (Peter Mahmud, 2005).
The method of this approach is carried out by examining the background and development of regulations regarding the legal issues faced. In this case, the cause of the change in the application of catur warna teaches the chess of the nation.
The location of this study is focused on the city of Mataram, considering that most Hindus are domiciled in the city of Mataram and this area has a unique history because this area was once the center of the Hindu kingdom namely Raja Karang Asem, which is now the center of the city.
The source of the data consists of primary data sourced from informants and respondents by means of purposive sampling, in this case, interviewed by religious leaders of community leaders and people who carry out different wangsa marriages. Secondary data, which consists of primary legal material, taken from the scriptures in the form of verses that govern the colors and regulations governing marriage. Secondary legal materials are taken from books that support marriage arrangements, and article writing which is related to the marriage of different countries. Tertiary legal material in the form of a legal dictionary.
Analysis of the research data used descriptive analysis because the specifics of this study aim to describe the legal basis of the determination of social stratification in Hindu societies in Lombok, and describe the phenomenon of different wangsa marriage in Hindu societies in Lombok, and describe the implementation of the social institutions of Hindu communities in Lombok. Marriage of different countries. The description will be analyzed and conclusions drawn are general in nature so that they can be accounted for to produce a solution in equating perceptions of the nation.
This study in conducting data analysis using Theory of Reception in Complex from Lodewijk William Christian Van Den Berg (1845-1927. This theory means that the law that is believed and implemented by a person should be harmonious with the religion he believes in. In other words, if society embraces a particular religion, the customary law of the community concerned is the religious law that it embraces (Soerojo Wingjodipoero, 1995).
In a social societal coating system, there are several terms that are used to classify a person into social status, namely caste, wangsa, soroh and treh. Caste actually comes from Portuguese. This casta word itself means taken from the Latin language Castus means holy. Caste is defined as a system of social layers that has a closed, rigid nature, its membership is always inherited in blood ties and classifies people based on their social and economic class. Then was born the system of the nation which is a refinement of the term caste which refers to the ancestral caste without privileges merely mere designations (Kembar Kerepun, 2007).
The term wangsa or nation has a general meaning as a race, family or relative, used today means dynasty or continuation of descendants from one family. The word wangsa that is often used in Bali is the term used to refer to what one's birth is. (Segara Yoga, 2015) As for the application of the system of the dynasty that exists in the Balinese Hindu community of Lombok, it should refer to the teachings of Hinduism that determining someone is Brahmana, Knight, Vaishya, and Shudra is not based on descent or birth but guna and karma.

Legal Basis for Determining Social Stratification in Balinese Hindu Communities in Lombok
The occurrence of social stratification in society because of something valued in society. As long as the community rewards something that is considered more, social stratification in the community will still exist. The social stratification that has grown in the Balinese Hindu community in Lombok, like wangsa, is based on several things, including:

a) Interpretation of false religious norms
In this case the Hindu norms governing social stratification which are derived from the scriptures of the Vedas contained in Slokantara 61 (78) are explained in ancient times that the caste group was born from Bramana's body, this was stated, "Brahmana are born of the head, the ksatria born from the hand, vaisya was born of thighs and sudra were born from the feet of Brahman (Sudharta, 2004;Suharta et al., 2017;Widana, 2017). This text contains the meaning that the fourth profession is the parts that come from God Almighty being framed as a member of the human body in the social order.
In the mantra of Yajur Veda XXV.2 it is stated, to offer a puja to God Almighty, Brahmins, Ksatriya, Vaisya, and Sudra are both given glory by the Supreme Lord. This four varna will be noble if they have obeyed their own self-esteem (Pudja, 1991). In Bhagavadgita IV.13 stated one's varna based on his guna and karma. Guna means interest and talent as the foundation for the formation of one's profession. So what determines a person's varna is his profession is not based on his descendants, whereas karma means actions and work (Pudja, 2004). His is containing the meaning that varna is the profession or field of work carried out by a person according to his talents and expertise there is no difference between skills, each carrying out karma by complementing each other.
The Book of Mahabharata XII. CCCXII.108 stated, to someone dwijati is not determined by his wangsa, the decisive thing is his noble deeds and his work which gives spiritual guidance to the community (Oka Punyatmaja in Wiana, 2006). Based on the description above, it can be described that catur varna contained in a collection of Hindu religious scriptures is a grouping of people based on guna and talent not based on birth or descent based more on duties, functions, and obligations in society. In determining the application of catur varna it has a great influence on the Hindu cultural system, this change far shifts the authenticity of the teachings of Hinduism according to the concepts contained in the scriptures. So that it can be concluded that the system of wangsa that has been in the environment of the Balinese indigenous people in Lombok has actually shifted the meaning of the use system and karma in catur varna.

b) Influence of Power
In the kingdom and colonial times, the king gave an honorary title to someone as a gift because it was considered meritorious and given a noble title. According to Kembar Kerepun (2007), historically, this varna concept changed when there was an expansion of power by the Majapahit Kingdom and Bali became part of the Majapahit kingdom. The hereditary caste system as prevailing in India was what was practiced in Bali after the occupation of Gajah Mada, which was further enhanced after the arrival of the Danghiyang Niratha which was estimated in 1498 then became purohita of king Sri Batur Enggong.
After the Dutch Colonial Government Staatblad 1929, No. 226 divides Bali into 8 government regions called Bali Asli Negara, each with the title of the Bestuurder State, all former kings and descendants abandoned the use of their ancestral titles and replaced them with new titles from colonialism (Ardika, 2003). Castes, wangsa, and varna, all are different concepts. The implementation of the three different concepts from each other is very ambiguous, many Balinese mixes the three concepts so that their understanding becomes biased. This is what causes frequent horizontal friction that causes social conflict in the community.
Castes, wangsa, and varna, all are different concepts. The implementation of the three different concepts from each other is very ambiguous, many Balinese mixes the three concepts so that their understanding becomes biased. This is what causes frequent friction -horizontal friction which causes social conflict in the community. When the colonial era, the Dutch who wanted to conquer the archipelago, did divisive politics. Seeing the social conditions of the people in layers, this situation is useful not to regulate the policy of divide That is why until now the understanding of wvarna, wangsa and caste became very ambiguous in Bali. This is what often causes social conflicts in the community now because they have been misunderstood. Pride in a degree even though the position is no longer held is a misunderstanding of Balinese Hindu society from generation to generation.
Society in social relations should apply its religious law as a basis in carrying out its basic customary law so that there are no misunderstandings that result in conflict, because in God's eyes, whether a man is noble or not is determined by his karma, not his varna, not his wangsa, or his castes As for the teachings of Hinduism, it is not known to be caste based on social status but varna based on the function of the community, which is called catur varna, which divides humans from the tasks of function according to their talent. This division of four varna exists throughout the ages (Wiana, 2006).

c) Patriarchal Tradition and Culture (Kepurusaan)
Family law in Bali is based on the patriarchal system, determining the relationship of a child to his father's family is a single basis for the preparation of his family (Panetja, 2004). In accordance with the general principles in the patrilineal family system, there are three basic principles adopted in the purusa family system, namely, the first descendants are tracked from the male or father's line. Legally, only individuals who come from one father origin or wit, become kawitan who is considered a good family in the Batih family consisting of father, mother, and children and extended family gathered in dadia.
The second important principle in the family system of purusa is that in marriage, the bride is released from her legal relationship with her native family or her parents and siblings are then totally included in her husband's family.
The third principle is that children born from the marriage get relatives or relatives from the father's side, while with relatives from the mother's side the child has no legal relationship (Sukerti, 2012). In line with the above exposure social stratification results in the differentiation of population or society into classes in stages or hierarchy. The realization is the existence of layers in society, each layer is called the social strata (Koentjaraningrat, 1992).

Social Institution of Hindu Communities in Different Wangsa Marriage on Lombok
The form of marriage carried out by someone is greatly influenced by the system of marriage, because marriage is a legal event that brings legal consequences to kinship and family relationships In families who call themselves the tri wangsa group, they still show discriminatory treatment in different wangsa marriages. There is two different problems with wangsa marriage, women from the tri-wangsa and male groups are not in the tri-wangsa group or from the jaba or sudra groups, this discrimination is seen as not permissible for marriages or applications. Although the marriage carried out by ngerorod received recognition by the Hindu community, in this matter it appears more extreme because it is not permitted to go home immediately when the ceremony is finished as is the customary Balinese marriage in general. Even if the chance to meet on the street is not invited to speak or talk by the female family until a certain deadline is usually in the past after having a new descendant allowed to go home, then it was carried out simply meant not inviting the traditional kelian only. The mepamit tradition here means releasing or severing the kinship relationship between the bride and the family or biological parents, clending or cheering. Such methods are very demeaning to the bridegroom's family. In the case of a marriage of a different house in a case like this, it results in physical pressure on the woman who marries because she feels excluded or set aside in her own family.
For the second problem of marriage carried out by men from groups who call themselves tri wangsa, the discrimination seen in the ritual procession by placing banten in the form of offerings or ayaban for brides that are specifically meant to be separated from the bridegroom or placed parallel but limited to pandan leaves sometimes offerings placed in a lower position are not made one. And always using the language of sor singgih to the male family members of the male family may reply with ordinary or sometimes even a little harsh language.
It is very ironic in the case of the bride as a wife directly or automatically having a legal position in the family of her husband. This discriminatory treatment occurs because centuries of misunderstanding in the IJSSH Vol. 3 No. 2, August 2019, pages: 84~94 application of catur varna to become catur wangsa in Hindu societies are shown in social attitudes, power, and possessions (Wiana, 2006). Social attitudes, Hindus, in particular, are very obedient to those with capacity as the upper class or elite. If the above states to the east, it must be followed even if something is not necessarily true. As a result of these problems caused latent conflict as well as triggering cracks in family households, because the treatment was very disturbing to the harmony of the extended family.
In the kinship system that applies to the Hindu community in Lombok, namely the patrilinel or purusa system, marriage should be carried out by someone with a purusa system, bringing legal consequences to the woman's right to the right or relationship to family law with the original family or biological parents, then entering in the husband's family environment. Thus, a wife will fulfill her rights and obligations, at the same time, in the husband's family environment, not in her native family environment and her legal status must follow her husband's family.

Implementation of Social Institution of Hindu Communities on Lombok in Responding to Different Wangsa Marriage
According to Manawa Dharma Sastra. III. 21 there are eight (8) ways of marriage in Hinduism namely brahma wiwaha, daiwa wiwaha, arsa wiwaha, prajapatya wiwaha, asuri wiwaha, gandharwa wiwaha, giant wiwaha, and paisaca wiwaha. The ways of marriage are in line with the passage of time and the dynamics of life have been accommodated in the Balinese Hindu community in Lombok into two, namely marriage in a mepadic and horrific way or rank. In the event of a dispute due to the implementation of a different marriage, then you can choose the method of marriage.
There are two kinds of the marriage of different wangsa, namely the first marriage conducted by a woman from tri wangsa group with men from outside the tri wangsa, the provisions that apply in the Bali Hindu community in Lombok, namely the application with a selarian marriages model or ngerorod. The procedure for selarian or ngerorod marriage in the Hindu community in Lombok is an agreement for this rank that was agreed upon by the bridegroom and groom, carried out at the end of the day or called the sandi kawon, where the women were taken to a place of pesingidan or preparedness previously by the family of men, this hiding place should not be known by the family of the women so that the family of the woman who was taken by her daughter was usually emotion to avoid this, so the place of training and the place of distant families was neutral. Furthermore, after the bride arrived at the place of separation and sent 2 envoys to convey information to their masters referred to Bali in Lombok terms with selabar. But because this marriage is carried out by women who have a higher national status with men, then the implementation of information or the delivery of information for women's families is scattered about at the village office, in this case, the village head or environmental head of each party involved patient or true.
In the case of selabar or true by the head of the village or head of the environment, the man conveys his information to the head of the women's ward with a statement from the bride stating that his act of marriages or ranks is based on likes and likes there is no coercion from any party. Submission of information about this marriage must be carried out in the afternoon, the purpose of which is to avoid conflict due to the confusion of the women's family, especially and to respect the women's family.
Furthermore, the ceremonial determination is determined by the male family, because this type of marriage of women from the quarterly group marrying men outside the quarter usually does not get the blessing of the parents of the women. So that there is no longer a shortening stage and inflammation as befits a system of elevations that exist in the Bali Hindu community in Lombok. After finishing the pawiwahan (marriage) ceremony at the house of the bridegroom's family. The new woman was allowed to go home by her family and the male parents delivered a family apology to the new women's parents when it was agreed to go home to the women's house. So the implementation was after the pawiwahan ceremony at the family house of the man but not on the same day the implementation of the pawiwahan and the statement was very simple where the sajen or banten to prepare it was prepared by the male family with the permission of the female family. The form of banten pejati is not like the nyongkolan ceremony with its various attributes. On the way home, mepamit took the usual family and there were no invited guests. The goal is not to get offended or misunderstood because you feel underestimated is considered brave or has already taken the tyrant who is tri-wangsa.
The second model, if the marriage is carried out by men from the tri wangsa group and women outside the tri wangsa, can be done with two, namely mepadik models and/or ngerorod, rangkat or lari (run) together. For this ceremony the agreement of both parties was agreed to determine the day of the good implementation of pawiwahan, in the ceremony ayaban and/or banten offerings will be placed in parallel but limited to pandan leaves after the bride and groom first prayed prayascita and byakaon. Next, you get a new name or name like Jero or Jero Mekel. This name is only in the form of a call in the family home while for administrative purposes related to the affairs of the government official the name of the giving of his parents is used.
With the passage of time and the dynamics of life due to the influence of globalization of customary law which has elastic properties that always keep pace with changes in the times, for the rights and obligations of women outside the married quarter to quarterly men will be treated with the same rights after marriage. This is in accordance with the provisions stating that state law is the main priority as stated in Article 28b Paragraph (1) of the 1945 Constitution, stating that, everyone is obliged to respect the human rights of others in orderly life in the community, nation, and state.
This means that in order to realize Indonesian unity and harmonization in the social life of everyone, it is obligatory and must respect human rights, others do not care about the differentiation in the name of any caste because, in essence, everyone is equal rights.
In order to be in line with the religious norms and applicable legal norms to overcome these problems according to the theory of Reception in Complex is a theory put forward by Lodewijk Willem Christian Van Den Berg (1845-1927. This theory means that the law is believed and carried out by someone harmoniously with the religion they adhere to. If society embraces a particular religion, the customary law of the community concerned is the religious law that he embraces. If there are things that deviate from the relevant religious law, then these are considered as exceptions. In line with the above opinion, the Hindu community should apply its religious law as customary law, so that there is no discrimination in marriage due to differences in the population. Considering marriage is a sacred or holy thing so it must be carried out according to religious law. In order not to have implications for the case as in the writing written by Ida Ayu Made Lestari (2013), et al in electronic journals writes "Implication of Marriage Different from Castes in the Legal Perspective, Social Culture, and Religion flooded with hills of Bangli District District". Here the findings indicate that the daily social relations of a woman who has gone down her castle are not as free as they once were in dealing with their families (Bangli e-journal undiksa ac.id is accessed on 9-08 2017).

Conclusion
The basis for establishing social stratification in Hindu societies in Lombok is understanding in interpreting protracted religious norms in the community, the influence of power both in the kingdom and during colonial rule while in the kingdom began with the expansion of the Majapahit Kingdom to Bali during the Dutch colonial era This is used as a tool to divide the community, kinship system or patrilineal or purusa descent from the one which is followed by Hindu society in Lombok to see the child's status based on his father's risk.
The phenomenon of the social institutions of the Hindu community in different wangsa marriages in Lombok. Problems that occur in women who are married to men outside of the tri wangsa seem to be more extreme compared to men who have a non-tri wangsa female population. This event triggers the emergence of internal family conflicts that result in physical psychological stress on women and household harmony in particular.
To address these problems can use alternatives or choices in carrying out the marriage method. The actions taken for women from the tri wangsa group are the implementation of marriage by way of terrorism or cellarization, the delivery of the truth is carried out by the agency, namely the head of the environment does not use adat, the implementation of memapmit tradition does not coincide on the day of the pawiwahan ceremony The aim is to respect the family of the woman. Whereas for men from the tri wangsa and female groups outside the tri wangsa or jaba, the method of marriage can use a mepadik or selarian method. So that it automatically follows soroh or clan husband and gets a new designation such as Jero dan Jero Mekel for calls within the family environment

Suggestion
As stated in the theory of Receptio in Complexu (Christian Van Den Berg). For the Hindu community, it should apply religious law as customary law so that there is no discrimination in marriage.