The Dynamics of Women’s Position in Bali Customary Inheritace Law

DOI

10.2991/assehr.k.211203.036How to use a DOI?

Keywords

Balinese Hindu women; Customary law of inheritance; Dynamics; Gender equality

Abstract

Balinese customary inheritance law refers to a patrilineal family system that follows the kapuruasa principle. In Bali, a woman is not an heir, but it is possible to become an heir if her parents have given her purusa status as sentana rajeg. The position of women according to Balinese customary law of inheritance has developed according to the situation in society. Initially, based on mere habit, Balinese women were not taken into account in terms of inheritance. The method used in this study is a normative juridical research type with a statutory and conceptual approach and uses primary and secondary legal materials supported by interviews with informants. The results of the study showed that after the Paswara 1900, Balinese Hindu women were determined as the party who received the inheritance, only in practice it did not take place according to the norm because the principles developed in people’s lives as contained in the awig-awig were still the limeusa principle so that women who were predana did not get an inheritance. Furthermore, in the 2010 era, there was a breakthrough made by the Majelis Utama Desa Pakraman (MUDP) Bali with its Decree Number: 1/Kep./Psm-3/MDP.Bali/X/2010 stipulates the status of Balinese Hindu women as parties who have rights to Gunakaya property. His parents as limited heirs with half of the male share. In practice, it is also almost the same as in previous times. There. There are still obstacles because, in each traditional village, there is awig-awig which regulates inheritance based on kapuruasa principle.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - I Ketut Sukadana
PY  - 2021
DA  - 2021/12/03
TI  - The Dynamics of Women’s Position in Bali Customary Inheritace Law
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 163
EP  - 166
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.036
DO  - 10.2991/assehr.k.211203.036
ID  - Sukadana2021
ER  -