Implementation of Daughters' Inheritance Rights Under the Awig-Awig of Seminyak Customary Village

Abstract

abstract

The position of daughters in Balinese customary law is traditionally weak in inheritance matters due to the patrilineal kinship system. To address this injustice, the Bali Customary Village Council issued the Third Great Assembly Decree of 2010 regarding the Position of Daughters. This study aims to analyze the implementation of sentana rajeg in Seminyak Customary Village and the factors affecting its effectiveness. This research uses empirical legal research with a qualitative approach. Data were obtained through interviews, Awig-Awig document studies, and observations in Seminyak Customary Village. The results show that normatively Seminyak Customary Village has synchronized the 2010 PHPB into Awig-Awig Article 76. However, empirically, during 2010-2025 there were only 5 sentana rajeg applications with a 20% success rate. The low effectiveness is caused by 5 factors: legal, law enforcement, facilities, community, and cultural factors. It is recommended to revise Awig-Awig, conduct regular socialization, and establish a customary social fund. The background of this research is the study of the legal status of women Bali weak in terms of inheritance, because according to the Customary Law Bali rightful heir only male offspring and the families of men and male foster child. Women in the Indigenous people of Bali are still suffering discrimination in terms of provision law. The Third Grand Assembly Decision of MUDP Bali in 2010, or PHPB 2010, equalizes the inheritance rights of daughters and sons through the sentana rajeg institution. However, 15 years after PHPB 2010, its implementation in Seminyak Customary Village remains suboptimal. This study aims to analyze the legal status of daughters as heirs under PHPB 2010 and the effectiveness of its implementation in Seminyak. The research uses an empirical juridical method with statute, conceptual, and sociological approaches. The results show: First, normatively, daughters have legal heir status if they are sentana rajeg. Second, the effectiveness of PHPB 2010 in Seminyak is not optimal due to three factors: a vacuum of technical pararem, disparity in prajuru capacity, and economic resistance from krama purusa.

Keywords: PHPB 2010, Daughter's Inheritance Rights, Sentana Rajeg, Legal Effectiveness, Seminyak Customary Village.