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All Journal Jurnal Lembaga Penelitian Universitas Mataram Jurnal IUS (Kajian Hukum dan Keadilan)
Lalu Sabardi
Fakultas Hukum Universitas Mataram Jl. Majapahit 62 Mataram lsabardi@yahoo.co.id.
Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

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MEANING CONSTRUCTION IN INDIGENOUS PEOPLES juridical Article 18B of the Constitution NRI YEAR 1945 FOR IDENTIFICATION OF RECHT GEMENSHAPEN Sabardi, Lalu
Jurnal Lembaga Penelitian Universitas Mataram Vol 18, No 2 (2014): Jurnal Penelitian
Publisher : Jurnal Lembaga Penelitian Universitas Mataram

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Abstract

The purpose of this research as stated in Article 18B Constitution of Republic Indonesia 19454) that “The State recognizes and respects traditional communities along with their traditional customary rights as long as these remain in existence and are in accordance with the societal development and the principles of the Unitary State of the Republic of Indonesia, and shall be regulated by law.” to be reality. This research to be importance for it related to the principle of Adat Law Community as the organization unit of Indonesian indigenous people which practically want to be found the certainty of legal protection that must be given by the State as unit of highest legal association
Reexamination of the Concept of Justice in the Inheritance System: A Study on Women's Inheritance in the Traditional Society of Bali in Lombok, West Nusa Tenggara, Indonesia. Aditi, I Gusti Ayu; Husni, Lalu; Haq, Lalu Muhammad Hayyanul; Sabardi, Lalu
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.1322

Abstract

The Hindu inheritance law allows for the possibility of inheritance for female children, though with a reduced share. Interpretations of religious norms are often disregarded in customary legal systems with the argument that Hinduism does not endorse double obligations. The customary inheritance law used by the Hindu community in Lombok, Indonesia, is based on Hindu inheritance laws interpreted according to local customs or village traditions. Different interpretations in each region regarding women's inheritance rights worsen the fulfillment of women's inheritance rights. Therefore, in line with the evolution of jurisprudence towards the fulfillment of women's inheritance rights, such as the shift from patrilineal to parental principles in Islamic inheritance, this study proposes the reexamination of the justice principle in Hindu inheritance law practiced by the Balinese indigenous people in Lombok. This reexamination should consider their unique characteristics and distinguish them from the Hindu community in Bali. As a basis for protecting women's rights in Hindu inheritance law, this becomes crucial for inclusion in a national legal framework.
Co-Authors Aditi, I Gusti Ayu Lalu Husni ul-Haq, Hayyan