Legal Analysis of the Application of Gender Equality to Twins of Different Sexes in Melasti Manak Salah in Pedawa Village, Buleleng Regency

Abstract

This studyaims to analyze the relevance of gender equality in the implementation of Melasti Manak Salah as an effort to cleanse the village of the birth of children of differentsexes because they are considered to bring bad luck in Pedawa Village, Buleleng RegencyBuleleng, Bali. The purpose of this study is to analyze the application ofgender equality values in the Melasti Manak Salah tradition, whichis still practiced by the people of Pedawa Village, and to examine its compatibilitywith national legal principles and human rights. This study usesan empirical juridical method with a sociological and legislative approach.The results of this research show that beforeit was banned, the people of Pedawa Village believed that the birth of twins of differentsexes brought spiritual imbalance, so that babies bornwith different sexes were usually isolated to maintain the purity ofcustoms. This practice gave rise to discrimination and was contrary to the principles ofgender equality and child protection. In addition, it shows a social and legal shift towards the recognition of equal rights for boysand girls, reflecting the harmonization between customary law andnational law in maintaining a balance between tradition and human rights.