The Position of Hindu-Balinese Women in Inheritance Law Pluralism: A Study of Supreme Court Decision Number 2824 K/PDT/2017

This article examines the position of Hindu-Balinese women in the context of pluralistic inheritance law in Indonesia, particularly from the perspective of the Civil Code and Balinese customary law. Through a study of Supreme Court Decision Number 2824 K/Pdt/2017, this article examines the extent to which the formal legal system provides protection for women's inheritance rights. The analysis shows that the Civil Code guarantees equality of inheritance rights without distinction of gender, while Balinese customary law still prioritizes the line of inheritance. Although the 2010 MUDP Decision has accommodated women's rights, the Supreme Court in its decision did not substantially acknowledge this development, thus demonstrating the weak support for gender justice in national legal pluralism.

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Publication Details

Journal
West Science Interdisciplinary Studies
Published
2025-08-28
DOI
https://doi.org/10.58812/wsis.v3i08.2134
Primary Topic
Gender and Women's Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

The Position of Hindu-Balinese Women in Inheritance Law Pluralism: A Study of Supreme Court Decision Number 2824 K/PDT/2017

Anak Agung Istri Ari Atu Dewi, Luh Gede Dana Paramitha
West Science Interdisciplinary Studies
Gender and Women's Rights
article

The Position of Hindu-Balinese Women in Inheritance Law Pluralism: A Study of Supreme Court Decision Number 2824 K/PDT/2017

Anak Agung Istri Ari Atu Dewi, Luh Gede Dana Paramitha
article en

Abstract

This article examines the position of Hindu-Balinese women in the context of pluralistic inheritance law in Indonesia, particularly from the perspective of the Civil Code and Balinese customary law. Through a study of Supreme Court Decision Number 2824 K/Pdt/2017, this article examines the extent to which the formal legal system provides protection for women's inheritance rights. The analysis shows that the Civil Code guarantees equality of inheritance rights without distinction of gender, while Balinese customary law still prioritizes the line of inheritance. Although the 2010 MUDP Decision has accommodated women's rights, the Supreme Court in its decision did not substantially acknowledge this development, thus demonstrating the weak support for gender justice in national legal pluralism.

West Science Interdisciplinary StudiesVol. 3(08)
Udayana University (ID)
Openalex Percentile: Top 73%
Gender and Women's Rights
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