Legal Status of Balinese Women Who Commit Ninggal Kedaton Terbatas Marriage Against Guna Kaya Inheritance

Abstract

The Balinese customary law system uses a patrilineal kinship system with a majorate system. Thus, the heir is the purusa party, namely the male child. This is because in Balinese customary law, sons are considered to have a large burden of responsibility in the family and community customs and also have to bear the obligation to care for parents in their old age. However, in reality, many Balinese women, especially those who marry in a ninggal kedaton terbatas, still bear the burden of responsibility of the family of origin. Meanwhile, they as pradana parties do not have the right to inherit heirloom property in the Balinese customary inheritance system. This is not in line with the premise of liberal feminism theory, which states that women and men have the same position in all fields, including the right to inherit wealth. This research was conducted using normative research methods by examining secondary legal materials, namely journals, articles, and research results related to the subject matter, with a descriptive analysis approach. The results of this study found that Balinese customary inheritance property consists of heirloom property and wealthy use property. Based on the Decree of the Great Pesamuan III of the Main Assembly of the Balinese Pakraman Village No. 01/KEP/PSM-3/MDP/Bali/X/2010 section III in the field of Customary Law, Balinese women also have the right to inherit their parents’ property on a limited basis.
 Keywords: Bali, traditional inheritance, women