Journal Indonesia Law and Policy Review (JILPR)
Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024

Dispute over Sasak Customary Inheritance Rights and the Evolution of Granting Inheritance Rights to Girls

Makhrup, Abdul Gani (Unknown)



Article Info

Publish Date
29 Feb 2024

Abstract

A central concern in disputes concerning customary inheritance rights within the Sasak community of West Nusa Tenggara, Indonesia, pertains to the allocation of inheritance rights to daughters. This article examines recent modifications to the Sasak custom of granting inheritance rights to females, in addition to the historical and cultural context surrounding these rights. In accordance with empirical normative research, the author demonstrates that traditional inheritance practices are shifting to grant daughters inheritance rights. Multiple factors, including modernization, the legalization of gender issues, and social demands, support this. The complexities of granting females inheritance rights in traditional Sasak society and the resulting social and cultural transformations in the region are examined in this study. In Sasak customary law, the following elements contribute to disputes over the inheritance of girls: 1). Religious factors impede the development of customary law and legal choice ("in every legal choice, people will choose the law that is most profitable"); 2). Social relations and justice factors, as forces suppress every old law and switch to new ones; and 3) Factors of justice and social relations. 3. Legal subsystems and structural factors, which are an integral part of every legal system.

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Journal Info

Abbrev

jirpl

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal Indonesia Law and Policy Review (JILPR) is an international, peer-reviewed journal publishing articles on all aspects of LAW, POLICY REVIEW and SOCIAL SCIENCES. Journal Indonesia Law and Policy Review (JILPR) welcomes submissions of the following article types: (1) Papers: reports of ...