ANALISA HUKUM WARIS ADAT BALI TERHADAP PEWARISAN WANITA HINDU BALI

Authors

  • Matthew Jeremia Universitas Tarumanagara
  • Michael Michael Universitas Tarumanagara
  • Martin Izha Mahendra Universitas Tarumanagara
  • Jeane N. Selly Universitas Tarumanagara

Keywords:

customary inheritance, Hindu women, Bali

Abstract

This research aims to analyze the Balinese Customary Inheritance Law in the context of inheritance for Hindu women in Bali. The Balinese customary inheritance law has a strong tradition and significant influence on the distribution of inherited wealth among the Hindu community in Bali. This research explains the principle of "pandeka sawah" as the foundation of the Balinese customary inheritance system, where the eldest son has greater rights to inheritance compared to daughters. However, this research also highlights the social and cultural developments that have influenced changes in gender equality values and the protection of women's rights. In this context, the research analyzes how traditional inheritance practices have undergone revisions and adjustments to respect women's rights. The research also describes how Balinese families or communities adopt fair inheritance rules for women, including providing equal rights in inheritance. The study involves an analysis of the development of national laws in Indonesia, particularly the Marriage Law, which protects women's rights in inheritance. Through this research, it is expected to provide a better understanding of the Balinese customary inheritance law regarding the inheritance of Hindu women in Bali and its implications for gender equality in cultural and legal contexts.

Downloads

Published

29-08-2023

Issue

Vol. 1 No. 2 (2023): Realism: Law Review

Section

Articles

License

Copyright (c) 2023 Matthew Jeremia, Michael Michael, Martin Izha Mahendra, Jeane N. Selly

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Author(s) who wish to publish with this journal should agree to the following terms:

  1. Author(s) retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-Non Commercial 4.0 License (CC BY-NC) that allows others to share the work with an acknowledgement of the work’s authorship and initial publication in this journal for noncommercial purposes.
  2. Author(s) are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal’s published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.

The publisher publish and distribute the Article with the copyright notice to the Realism: Law Review with the article license CC-BY-NC 4.0.