Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Jurnal Smart Hukum (JSH)
I Nyoman Sujana
Departement of Law, Pascasarjana, Warmadewa University, Denpasar, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Transformation of Inheritance Rights in Balinese Customary Land Putu Diana Prisilia Eka Trisna; I Nyoman Sujana; Putu Ayu Sriasih Wesna
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.1855

Abstract

This study examines the transformation of inheritance rights in Balinese customary land within the context of customary and national legal systems. The research addresses legal issues arising from changes in customary membership, which may alter or terminate inheritance rights over communal land. Employing a normative legal research method with statutory and conceptual approaches, this study analyzes the interaction between customary norms and national agrarian law. The findings reveal that inheritance rights over customary land are inherently linked to social-religious obligations and active membership within the customary community, resulting in the transformation or loss of such rights when these obligations are no longer fulfilled. Furthermore, the study identifies a normative tension between the communal character of customary law and the individualistic principles of national inheritance law, leading to legal uncertainty. The novelty of this research lies in its integrative analysis of inheritance transformation through the lens of legal pluralism, emphasizing the need for harmonization between legal systems. The study concludes that clearer legal recognition and contextual legal approaches are necessary to ensure certainty and substantive justice in customary inheritance disputes. Future research is recommended to explore empirical perspectives and judicial practices in resolving similar disputes.
Co-Authors Putu Ayu Sriasih Wesna Putu Diana Prisilia Eka Trisna