Abstract
The current development and reform in society and government at the local and national levels have made customary law less strict than before. These developments influence also the inheritances law based on customary law. Inheritance disputes or their unequal distributions impacted the marginalization of certain groups, such as women or girls. There has been a shift in the opinion among society regarding women's inequality related to access to inheritance. Several developments of the notion of gender equality have been and are being stipulated in laws and regulations. The gender dimension interacts with other social values in society, and it is related to the social structure as a whole. This research aims to shed a light on the dynamics of customary inheritance law in terms of women's inheritance rights with the perspective of gender equality in Klungkung, Bali. The issues that will be explored are related to the inheritance law focusing on access to civil rights, i.e. women's inheritance rights, after the Decision of Bali MUDP Number 01/Kep/Psm-3/MDP Bali/X/2010 and the Supreme Court Jurisprudence Number 3/Yur/Pdt/2018 was issued. This study was conducted through juridical and sociological methods. From the sociological perspective of gender based on the critical paradigm, the power relations based on gender and social reality among women and men can be analyzed. The gender relations according to the sociological analysis are not only the social relations among women and men but also the power relations in social life. Primary data was collected using interviews and observations in 3 (three) sub-districts in Klungkung, Bali, and secondary data was obtained through a literature review of gender and customary inheritance law.
Highlights
The changing of the societies on the new paradigm of thinking becomes a challenge for customary law for changing its implementation rigidly (Takane, 2008)
The purpose of this study is to find out the dynamics of customary inheritance law in terms of inheritance to women in Klungkung District, Bali Province after the issuance of Bali Provincial MUDP Decree Number 01/Kep/Psm-3/MDP Bali/X/2010
The Supreme Court Jurisprudence Number 3/Yur/Pdt/2018 rules the equal rights between men and women so that women have the right to the inheritance of their parents or husbands
Summary
The changing of the societies on the new paradigm of thinking becomes a challenge for customary law for changing its implementation rigidly (Takane, 2008). The Supreme Court's Decision Number 179 K/Sip/ 1961 has stipulated that woman have the right to inherit their father's property This is contrary to the principle of inheritance in customary law, in patrilineal communities. Supreme Court Jurisprudence Number 3/ Yur/Pdt/2018 contains the legal rules as a basis of equal rights between men and women, women have the same right to the inheritance of their parents or husbands properties. Researchers contributed thoughts about gender equality which can be reflected together whether the regulations in customary inheritance law and their objects are categorized into two, namely heirlooms (magical-religious value) and/or property (which is economically valuable), while heirs (heritage subjects) are divided into two, namely heirs predana and/or heir purusa. Women are not always predana and vice versa, purusa is not always male (Dyatmikawati, 2016)
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: International Journal of Research in Business and Social Science (2147- 4478)
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
