Kedudukan Janda Terhadap Harta Peninggalan Suami Menurut Hukum Waris Adat Bali (Studi Penelitian Pada Masyarakat Bali Di Desa Kertalangu, Kecamatan Kesiman Kabupaten Badung Denpasar Timur)
| Main Author: | Hadiyati, Rizki Febri |
|---|---|
| Other Authors: | Sitepu, Runtung, Tarigan, Pendastaren, Suhaidi |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/22320 |
Daftar Isi:
- A law is a system in which regulations are the unity of the world of ideas. It is true for the Indonesian customary law since it is based on the Indonesian world of ideas which are far different from 'the Western ideas. In order to be aware of the customary law, we should understand the basic ideas which exist in the Indonesian society. This research was analytic descriptive; that is, the analysis of the data was based on the general legal theory which was used to explain the other sets of data and provided by normative judicial approach. Besides that, field research was done by interviewing the source persons. It can be deduced that, in principle, in the drawing from the line of descent in the old social system, there is no status of Balinese women and widows, for, in general, the norm of the system is patrilineal. Since the social life develops and improves, this norm also changes. Balinese widows cannot be neglected and displaced anymore. They are really the women who always perform their duties seriously, take care of their children properly, take care of their late husbands' property well, look after the family's temples heartily, and never squander their late husbands' wealth. The widows only function as the persons who only look after (karts) the inheritance. They are not allowed to control the inheritance unconditionally. This also happens to their children who look after the inheritance. The customary law of raad kerta jurisdiction about inheritance, based on catur uddhara, contains the marriage influence and the allocation of the inheritance concerning the number of wives. Thus, there are four possibilities: fora Brahmans with four wives, the inheritance is divided into ten equal parts, for a Ksatria with three wives, the inheritance is divided into six equal parts; for a Waisya with two wives, the inheritance is divided into three equal parts; and for a Sudra with one wife, the inheritance is not divided. The widows can obtain the inheritance through legal means or through local ceremonial hall.
- 087011102