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All Journal Jurnal Penelitian Agama Hindu Jurnal Indonesia Sosial Teknologi
Manik Wedanti, I Gusti Ayu Jatiana
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Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Reform of Inheritance Rights in Balinese Customary Law: Harmonizing Dharmaśāstra and Gender Justice Manik Wedanti, I Gusti Ayu Jatiana
Jurnal Penelitian Agama Hindu Vol 9 No 4 (2025)
Publisher : Jayapangus Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37329/jpah.v9i4.4597

Abstract

Balinese customary law as a living law system plays a crucial role in maintaining spiritual and social harmony among Balinese society. Inheritance regulations embedded in traditional awig-awig were initially patriarchal and often failed to accommodate the inheritance rights of women and adopted children. This study focuses on how the values of Dharmaśāstra are harmonized with the inheritance provisions of desa adat awig-awig in Bali, and to what extent this reformulation embodies substantive justice and the contemporary relevance of customary law. Employing a normative juridical method with statutory, conceptual, and case approaches, this research analyzes the revised awig-awig in Kerobokan, Sidemen, and Gunaksa. The findings reveal a significant transformation, acknowledging women’s and adopted children’s inheritance rights through the spiritual principle of adhikāra and the reinterpretation of putrikā and dattaka concepts. Such reformulation not only strengthens substantive justice but also upholds the sacred values of Dharma. The study recommends inclusive involvement of customary communities and younger generations in reforming customary law to ensure alignment with the demands of contemporary justice, while preserving spiritual and cultural authenticity.This reformulation provides an important model for other customary legal systems in Indonesia to achieve harmony between tradition and modern legal principles, and contributes practically by offering a framework for inclusive and adaptive customary law development at the national level.
Inheritance in Balinese Customary Law: Dynamics and Its Linkage With Hindu Law Manik Wedanti, I Gusti Ayu Jatiana; Ulio, Ulio; Sugita, I Made
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 01 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i1.860

Abstract

The inheritance system in Balinese customary inheritance law is known as the kapurusa system. This kapurusa system is patrilineal and is inspired by Hinduism. The issuance of the Decree of Pasamuhan Agung MUDP Bali Province in 2010 was an initial milestone in the change in the mindset of granting inheritance rights to girls and boys who married nyentana or married out with their wives. Therefore, it is necessary to research the dynamics of inheritance according to Balinese customary inheritance law and its relationship with Hindu law regarding inheritance. Using empirical-normative legal research methods, the findings in this research are the development of a shift in thinking that only sons have the right to inherit the gunakaya or wealth of their parents, which has begun to be seen from the existence of financial gifts or bequests which were previously not done by many people. Parents to their daughters or sons who are getting married is illegal, but now it is common practice. The connection between Hindu law and Balinese customary inheritance law in the field of inheritance can be seen from adopting the kapurusa or patrilineal system in Hindu law. However, it still allows daughters to be the principal heirs by being confirmed as sentana jeg or elevated to equal status with sons.
Co-Authors Sugita, I Made Ulio, Ulio