Legal Standing of Heirs of Different Religions to Customary Lands in Bali

Abstract

This study examines the legal position for heirs who convert to customary lands in the family of the heir in terms of Balinese customary law. Heirs are those who, because of their position to the testator, are entitled to occupy the place of heir to the inheritance. In principle, all heirs have the right to inherit, except because of conduct or legal acts that are detrimental to the heir so that the position of heirs can be canceled under law. This study uses empirical legal research by using existing data in the field by interviewing competent people. Then supported by secondary data in the form of primary legal materials and legal materials. From the research that has been done, it can be found that the status of customary land, both temple profit land, village father's land and customary land in the heirs' family clan which is an inheritance or property from ancestors, who are entitled to inherit it are heirs who still adhere to Hindu beliefs only. Because the heirs who still adhere to Hinduism who can carry out their obligations to worship the ancestors who stand in the holy place. Inheritance in Balinese customary law does not solely contain the rights of heirs to inheritance, but more than that the most important thing is the obligation of heirs to heirs. This obligation of the heir is a consequence of the rights he receives. Where an heir in Balinese customary inheritance law has certain obligations, namely: 1) Maintaining the heir in a state of incapacity; 2) Burying the body of the heir or holding a funeral service for the heir to bury his spirit in Sanggah/Mrajan (family place of worship); 3) Worship the spirits of ancestors who reside in Sanggah/Mrajan; 4) Carry out obligations (fatherhood) towards Banjars and Customary Villages.