{"title":"从性别平等的角度看女儿在巴厘传统继承制度中的地位","authors":"Ni Made Sumerti Asih, Made Emy Andayani Citra","doi":"10.26532/IJLR.V5I2.12668","DOIUrl":null,"url":null,"abstract":"The equality of men and women in the inheritance system is a concern in the development of Balinese customary law. Basically, Balinese indigenous people adhere to a patrilineal kinship system. As a consequence, the line is drawn from the father and the heirs are only boys, while girls can only enjoy the assets of their parents as long as they are not married. This condition certainly reduces women's access to economic rights. Whereas, the economic control is very important in life. In this research, two issues are discussed, namely the inheritance system according to Balinese customary law and the struggle for gender equality through the position of women as heirs. Decree of the Pesamuhan Agung Majelis Utama Desa Pakraman Bali Number 01 / KEP / PSM-3 / MDP Bali / X / 2010, dated October 15, 2010 provides opportunities for girls to become heirs with limited provisions. Even so, the position of women as heirs in Balinese customary law is still difficult to be implemented. This is due to a very strong patriarchal culture that places men in higher power relations. ","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"48 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"THE POSITION OF DAUGHTERS IN BALINESE CUSTOMARY INHERITANCE SYSTEM FROM GENDER EQUALITY PERSPECTIVE\",\"authors\":\"Ni Made Sumerti Asih, Made Emy Andayani Citra\",\"doi\":\"10.26532/IJLR.V5I2.12668\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The equality of men and women in the inheritance system is a concern in the development of Balinese customary law. Basically, Balinese indigenous people adhere to a patrilineal kinship system. As a consequence, the line is drawn from the father and the heirs are only boys, while girls can only enjoy the assets of their parents as long as they are not married. This condition certainly reduces women's access to economic rights. Whereas, the economic control is very important in life. In this research, two issues are discussed, namely the inheritance system according to Balinese customary law and the struggle for gender equality through the position of women as heirs. Decree of the Pesamuhan Agung Majelis Utama Desa Pakraman Bali Number 01 / KEP / PSM-3 / MDP Bali / X / 2010, dated October 15, 2010 provides opportunities for girls to become heirs with limited provisions. Even so, the position of women as heirs in Balinese customary law is still difficult to be implemented. This is due to a very strong patriarchal culture that places men in higher power relations. \",\"PeriodicalId\":425396,\"journal\":{\"name\":\"International Journal of Law Reconstruction\",\"volume\":\"48 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-09-09\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal of Law Reconstruction\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.26532/IJLR.V5I2.12668\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Law Reconstruction","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.26532/IJLR.V5I2.12668","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
继承制度中的男女平等是巴厘习惯法发展中的一个问题。基本上,巴厘原住民坚持父系亲属制度。因此,这条线是从父亲那里划出来的,继承人只能是男孩,而女孩只有在不结婚的情况下才能享受父母的财产。这种状况无疑减少了妇女获得经济权利的机会。然而,经济控制在生活中是非常重要的。本研究主要探讨两个问题,即巴厘习惯法的继承制度,以及透过女性继承人的地位来争取性别平等。2010年10月15日,巴厘Pesamuhan Agung Majelis Utama Desa Pakraman第01 / KEP / PSM-3 / MDP巴厘/ X / 2010号法令为女孩提供了成为继承人的机会,但规定有限。即便如此,在巴厘习惯法中,妇女作为继承人的地位仍然难以实施。这是由于一个非常强大的父权文化,把男人放在更高的权力关系。
THE POSITION OF DAUGHTERS IN BALINESE CUSTOMARY INHERITANCE SYSTEM FROM GENDER EQUALITY PERSPECTIVE
The equality of men and women in the inheritance system is a concern in the development of Balinese customary law. Basically, Balinese indigenous people adhere to a patrilineal kinship system. As a consequence, the line is drawn from the father and the heirs are only boys, while girls can only enjoy the assets of their parents as long as they are not married. This condition certainly reduces women's access to economic rights. Whereas, the economic control is very important in life. In this research, two issues are discussed, namely the inheritance system according to Balinese customary law and the struggle for gender equality through the position of women as heirs. Decree of the Pesamuhan Agung Majelis Utama Desa Pakraman Bali Number 01 / KEP / PSM-3 / MDP Bali / X / 2010, dated October 15, 2010 provides opportunities for girls to become heirs with limited provisions. Even so, the position of women as heirs in Balinese customary law is still difficult to be implemented. This is due to a very strong patriarchal culture that places men in higher power relations.