Balinese Customary Law Research Articles

Does Customary Law Discriminate Balinese Women’s Inheritance Rights?

There is a stereotype with regard to the rights of the Balinese women on inheriting under the Balinese tradi-tional customary law. It is generally assumed that the law discriminates Balinese women as well as against the human rights principle of equality. This article analyzes the contemporary problems of such issue and would demonstrate the actual principles, rules and practices, including the essential concept of the rights under the Balinese traditional customary law of inheritance. This issue has been explored under a normative legal approach where the resources are primarily taken from the relevant national legal instruments and court decisions, instead of textbooks and journals. An interview has also been commenced for clarifying some aspects of the issue. This article concludes that there has been a generally misleading on viewing the Balinese customary law as discriminating women on an inheritance issue, as in fact, the law also provides rules for supporting women’s rights for inheriting. The law in a certain way has properly preserved the right of women for inheriting in which women under the law have also enjoyed rights for inheriting, especially the daughter and widow. In contrast, the Balinese men that are generally perceived as the ultimate gender enjoying privileges rights to inherit, in the practice of inheritance in the traditional community are also subject to some discrimination. The law has provided a set of rule of inheritance both for men and women where they are subject to certain equal rule and condition. The law also clarifies that both genders are enjoying equal rights on inheritance in a certain portion and situation binding under the principle of balancing between rights and obligation for each side.

Legal Sanction of Kesepekang in Balinese Customary System (In Perspective: Empiricism Theory of David Hume)

Legal sanction of Kesepekang is a moral sanction that has been a habit in Balinese custom society and has been done from generation to generation, both the one in Bali and outside Balinese custom society. The implementation of Kesepekang sanction currently is considered by the intellectuals of Balinese custom society as a behavior that violates social values in society. In its development, legal sanction of Kesepekang has been politicized as a factor causing the occurrence of custom society disharmony, both the one in Bali and outside Bali. This society resistance has weakened the function of Balinese customary law sourced from one of Hinduism belief which is “believing the presence of karmaphala (result from behavior) law.” The issue occurring in Balinese custom society, especially the one in the Province of Lampung, is “whether the legal sanction of kesepekang is still relevant if it is applied in Balinese traditional system.” Based on the observation result, the term of Kesepekang is the attitude of “silence” that is done by the other members of customers who do not obey the customary regulations in their groups. Certain groups consider that the legal sanction of Kesepekang has violated human nature as social beings. To prove this argument, a study entitled: Legal Sanction of Kesepekang in Balinese Customary System–(In Perspective: Empiricism Theory of David Hume) is conducted. The result of the study can be concluded that the legal principles in Kesepekang sanction are the law of causation (causality), which each action certainly affects “when doing good, the result will be good – when doing bad, the result will be bad.” In the perspective of David Hume’s Empiricism theory, Kesepekang sanction is a sensory experience that occurs in custom society. Experience, according to David Hume, is the only source of knowledge, so the act of “silence” done by the member of custom as the effort in giving punishment to the member of customer who does not obey is a reality received by sense as an experience. Keywords: Kesepekang Legal Sanction, Empiricism Truth Theory

KEDUDUKAN PEREMPUAN HINDU MENURUT HUKUM WARIS ADAT BALI DALAM PERSPEKTIF KESETARAAN GENDER

<p><em>The Balinese adhere to the patrilineal system, so that inherited inheritance is a boy who has grown and married, while the daughter is not an heir. The consequences of this system greatly affect the position of women in terms of inheritance. The decision of Bali Province MUDP Number 01/Kep/Psm-3/ MDP Bali/X/2010 is a progress towards the position of women as heirs.</em></p><p><em>This study aims to answer two issues: (1) how the development of inheritance rights of Hindu women in Bali customary law and (2) how the status of Hindu women according to Balinese customary law in the perspective of gender equality.</em></p><p><em>Theories used to analyze problems are the gender theory of Anne Oakley, feminism theory of Charles Fourier, and the theory of justice from Aristotle. The research method used normative research by examining a number of rules about customary law relating to the inheritance of Hindu women who have not fully gained equal status with men as stipulated in the teachings of Hinduism.</em></p><p><em>The results obtained in the period before 1900 the life of Hindu society Bali applies the absolute purusa system which only recognizes heirs is a boy, but after 1900 there has been a development with some jurisprudence and there is a decision of Majelis Utama Desa Pakraman (MUDP) which states that women have the right to inherit, even though they are only entitled to enjoy the treasure Rich parents and after marriage get a tetatadan property and for parents who are able to give the treasure for the sake of maintaining the sustainability of his life, so with the rules at least happen gender equality.</em></p><p><em>The still strong patrilineal culture prevailing in indigenous Balinese society makes the position of women not fully acknowledged, even in the case of female decision making is not taken into account. The obligations of Hindu women in family, marriage and society are not much different from men's obligation, this should be a consideration to give women the opportunity to have equal status with men, especially in the customary law of Bali.</em><em></em></p>

Leadership, Social Capital and Coastal Community Resource Governance: the Case of the Destructive Seaweed Harvest in West Bali.

This paper concerns resource governance in a remote Balinese coastal community, which faces severe environmental challenges due to overexploitation and habitat destruction. It explores some of the issues raised in ‘social capital’ debates regarding leadership and public participation toward sustainable natural resource governance. Given the strength of Balinese customary law and the high degree of participation required in the ritual-social domain, Bali represents a model context for examining these issues. Through a case study of destructive resource exploitation and evolving rules-in-use, this paper analyses the ambiguous role of ‘bonding’ social capital and the complexities of negotiating collective action on environmental problems where conflicting interests and dense social ties make local action difficult. The paper finds that a more complex appreciation of vertical (authority) and horizontal (solidarity) relationships between leaders and ordinary villagers is required, and that a more nuanced institutional bricolage and exploratory scenario approach to analysis of evolving rules in use would enhance associated policy interventions.

SIKAP MASYARAKAT HUKUM ADAT BALI TERHADAP PUTUSAN MK NO. 46/PUU-VIII/2010 TERKAIT KEDUDUKAN ANAK LUAR KAWIN

This study aimed to determine the knowledge of indigenous people of Bali against theConstitutional Court No.46 / PUU-VII / 2010, meaning the Constitutional Court rulingrelated to the child outside the mating position, to identify and analyze the attitudes ofindigenous communities Bali on the discharge of the Constitutional Court. This study is anempirical law with non-doctrinal approach (socio legal research).The results showed that indigenous people in general do not yet know Bali Court DecisionNo.46 / PUU-VII / 2010 was. Meaning beyond mating gives children the same rights aschildren born within marriage. Balinese people’s attitudes related to this decision, can beclassified into two: 1. Most accept the decision of the reason; children outside the matingstatus to clear, the mother can claim responsibility for the biological father of the child,the child is no longer despised in the family and society. 2. small Sebagain reject reason;children outside mating can cause problems in inheritance in biological father, contraryto the customary law of Bali, girls may prefer not to marry. The attitude of the indigenouspeoples of Bali pros and cons of the legal culture of society.Conclusion: Its meaning is to give children the right to marry outside the same as childrenborn within marriage. Balinese customary law community in general have not been awareof the Constitutional Court. Balinese people’s attitudes towards the Constitutional Courtruling pro and cons.