Research Article
The Dynamics of Conflict in the Balinese Customary Inheritance to Enhance the Implementation of Customary Law in Indonesia
@INPROCEEDINGS{10.4108/eai.25-5-2024.2349378, author={Davina Malem Peraten Ketaren and Ade Saptomo}, title={The Dynamics of Conflict in the Balinese Customary Inheritance to Enhance the Implementation of Customary Law in Indonesia}, proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2024}, month={8}, keywords={customary inheritance law balinese customary law inheritance}, doi={10.4108/eai.25-5-2024.2349378} }
- Davina Malem Peraten Ketaren
Ade Saptomo
Year: 2024
The Dynamics of Conflict in the Balinese Customary Inheritance to Enhance the Implementation of Customary Law in Indonesia
ICLSSEE
EAI
DOI: 10.4108/eai.25-5-2024.2349378
Abstract
Customary law derives from the norms, religion, and principles that evolve within society. Balinese society is characterized by a strong adherence to tradition, culture, and customary law. The influence of globalization and advancements in science and technology is not necessarily disruptive to or transformative of the customs and traditions of the Balinese people. Within Balinese customary law, the position of men is given priority in matters of inheritance and family affairs. This leads to the issue of the dynamics of the position of Balinese women in Balinese customary inheritance law. To address this question, the research analysis utilizes a normative juridical research approach. The results of the study show In Indonesia, customary inheritance law, particularly in Bali, faces challenges due to modernization, leading to women resorting to civil law for inheritance issues. Despite this, Balinese women's rights as heirs remain recognized and preserved under Balinese customary inheritance law. This is supported by Decision Number 01/KEP/PSM-3/MDP Bali/X/2010 issued by the Pasamuhan Agung Majelis Utama Desa Pakraman Bali on October 15, 2010.