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Author	Ms Phinawati Tjajaindra
Organisation/Institution	Universitas Pelita Harapan, Faculty of Law
Country	INDONESIA
Panel	Human Rights
Title	Human Rights in Cross-Caste Marriage Based on the Marriage Law and Customary Law in the Province of Bali
Abstract	This research examines the legal issues and social interactions arising from the practice of cross-caste marriage in the Province of Bali. This type of marriage presents significant challenges to the foundation of Human Rights (HR), particularly concerning the principle of equality and the freedom to choose a spouse, as guaranteed by Indonesia's Marriage Law and the 1945 Constitution of the Republic of Indonesia. Although national law assures protection and prohibits discrimination, Balinese Customary Law (Adat) often imposes harsh social sanctions, such as ostracism, revocation of customary rights, and status degradation (e.g., nyerod or turun kasta/caste descent), especially for women who marry men from a lower caste. The study specifically focuses on the discrimination experienced by high-caste women who enter into marriage with lower-caste men, a practice often referred to as nyerod or mapunas. These women typically face severe consequences, including a reduction in social status, expulsion from the community, and the loss of inheritance and customary rights in their families of origin. This situation is a clear contradiction of Human Rights (HR) principles, particularly the right to equality and the freedom to establish a family. The result of this study lies in analyzing the persistent conflict and negotiation between modern, non-discriminatory state law and traditional, hierarchical customary law. The method that this researcher used is a juridical-normative methodology supported by a juridical-empirical approach (through interviews with customary leaders and married couples), this research aims to analyze the implementation of cross-caste marriage and propose a harmonization model. The formal victory of Human Rights principles and Indonesia’s Marriage Law over the caste hierarchy transformed the traditional prohibition into legal permission, yet significant negotiation and difficulty remain at the social and customary levels.
Biography	I am a highly motivated and skilled legal professional equipped with a strong academic background, having obtained a Bachelor of Laws (S.H.) from Universitas Pelita Harapan (2018–2022) with a concentration in Business Law, and a Master of Notary Law (M.Kn.) from Universitas Tarumanagara (2022–2024), which provided specialized knowledge in drafting deeds for the Notary and Land Deed Officials (PPAT) professions. My extensive professional experience began in June 2018 as the Co-Founder of Honest Management. In this capacity, I am fully accountable for client and brand success, showcasing advanced leadership, negotiation, and contract management capabilities. A key achievement has been managing over 1000 KOL Talents in strict adherence to brand regulations and successfully establishing crucial MOU regulations and streamlined payment terms between the talents and the Agency. Complementing this, I served as a Legal Staff at Wide Technology and PT Prima Vista Solusi (Jan–Aug 2022), where my primary focus was ensuring the meticulous and accurate handling of all company administrative and legal documentation. Beyond professional roles, I cultivated strong collaborative and responsible attributes through various student activities, serving as Treasurer for the Law Welcoming Event and Creative Coordinator for Heart To Serve at UPH in 2020. My main soft skills—Time Management, Leadership, Collaboration, Communication, and Adaptation—are supported by technical proficiency in Microsoft Office, alongside additional expertise in Video Editing, Photography, and Copywriting. I have published an international journal titled “Notary’s Role and Authority on the Issue of Interreligious Marriage in Surabaya City, Vol. 02, No. 7, 2023.”