Legal Problem of a Woman's Position in the Adat Inheritance System in Bali, Indonesia.

Abstract

The Balinese indigenous people adhere to a patrilineal kinship system which asserts that a man is an heir, and a woman is not an heir. This system experienced a shift in values as determined by the decision of the Main Assembly of Pakraman Village. This assembly is a combination of Pakraman Village, a traditional institution which has a social religious character and has an autonomous government based on its original rights. The approach method used in this paper is a juridical empirical approach, the research is done by observing how the laws work in society. This research found a conflict between the development of inheritance values in the community and the court's decision. Decision of the Main Assembly of Pakraman Village Bali Number: 01 / Kep / PSM-3 / MDP Bali / X / 2010 decides on the position of husband, wife and children over inheritance and joint property, and establishes the daughter as heir. This decision of the Main Assembly contradicts a court ruling which stipulates that boy are the only heirs. This decision does not heed the development of values that live in society.