The Balinese Inheritance Customary Law During Modernity and Gender Equality Era (A Case Study)

Abstract

The issue focuses on whether Balinese people still adhere to their inheritance customary law during modernity and the gender equality era. The research data consists of the Supreme Court decision No. 29/K/Pdt/2004 of the case as a primary legal material, together with works of literature and research articles of inheritance Bali adat law as secondary legal materials. It will analyze the data regarding substitute heirs' position qualitatively according to Bali inheritance law. The result shows that Bali's inheritance customary law uses a patrilineal system, which places men as the heir. It has existed nowadays as supported by the Plaintiffs and the judges in court decision No. 29K/Pdt/2004. Instead of applying gender equality, Balinese inheritance customary law uses the principle of the balance of life by giving a man as an heir and giving him obligation, likewise, a father who protects and takes care of women. Only if no son can the woman be represented as a substitute heir. Justice for women in Bali is still an exception condition. It is essential to consider the rights given to women because as society develops, the role of women in various aspects of life begins to emerge