THE POSITION OF DAUGHTERS IN BALINESE CUSTOMARY INHERITANCE SYSTEM FROM GENDER EQUALITY PERSPECTIVE

Ni Made Sumerti Asih,Made Emy Andayani Citra

doi:10.26532/ijlr.v5i2.12668

Ni Made Sumerti Asih, Made Emy Andayani Citra

Open Access

https://doi.org/10.26532/ijlr.v5i2.12668

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Abstract

The equality of men and women in the inheritance system is a concern in the development of Balinese customary law. Basically, Balinese indigenous people adhere to a patrilineal kinship system. As a consequence, the line is drawn from the father and the heirs are only boys, while girls can only enjoy the assets of their parents as long as they are not married. This condition certainly reduces women's access to economic rights. Whereas, the economic control is very important in life. In this research, two issues are discussed, namely the inheritance system according to Balinese customary law and the struggle for gender equality through the position of women as heirs. Decree of the Pesamuhan Agung Majelis Utama Desa Pakraman Bali Number 01 / KEP / PSM-3 / MDP Bali / X / 2010, dated October 15, 2010 provides opportunities for girls to become heirs with limited provisions. Even so, the position of women as heirs in Balinese customary law is still difficult to be implemented. This is due to a very strong patriarchal culture that places men in higher power relations.

Highlights

The purpose of this research on the position of daughters in Balinese customary inheritance system from gender equality perspective is to analyze the inheritance system according to Balinese customary law and to find the struggle for gender equality through the position of women as heirs
This research is a normative juridical study that examines the provisions of Balinese customary law, various court decisions and studies of international legal instruments regarding gender equality in inheritance for women
The equality of men and women in the inheritance system is a concern in the development of Balinese customary law

Summary

Introduction

This research will describe the inheritance rights for women in Bali according to Balinese customary law, the tendency of women to obtain inheritance rights and the struggle for gender equality through the position of women as heirs. It is cannot be separated from the form of marriage adopted by the customary law community in Bali, because inheritance issues are largely determined by the kinship system in the effect and the form of marriage that is carried out by the Balinese people.

Results

Conclusion