Evolution of Balinese Customary Inheritance: The Role and Status of Hindu Women in Inheritance Rights

Abstract

Customary law originates from habits and actions that grow and develop within the customary community order, which are unwritten but adhered to and obeyed by customary law communities from generation to generation. Males can inherit, while females are not allowed to own inheritance. Females can only benefit from it as support without owning the inheritance. Based on the background discussed above, the following problems can be formulated: What is the current position of women in terms of inheritance in Bali? Moreover, What factors influence the shift in inheritance matters in Bali? The legal research methodology used is empirical juridical. The position of Hindu women in Balinese customary law can be inherited if they hold the status of “sentana rajeg” or “purusa”. If a Hindu woman holds the “sentana rajeg” status, she can become an heir. The factors influencing the position of Hindu women are the Denpasar High Court Decision Number 81/PTD/1976/Pdt, Denpasar High Court Decision Number 2/PTD/1979/Pdt, Supreme Court Decision Number 100/Sip/1967, and the Decision of the Third Pesamuhan Agung of the Main Assembly of Pakraman Villages in Bali (Number 01/KEP/PSM-3/MDP Bali/X/2010).