Keputusan Pesamuan Agung III Majelis Utama Desa Pakraman Bali Nomor: 003/KEP/PSM-A3/MUDP/BALI/X/2010 Sebagai Wujud Keadilan terhadap Perempuan Bali

Abstract

Under Balinese customary inheritance law, which follows a patrilineal kinship system (kapurusa/purusa), women have traditionally not been recognized as heirs, and their position within the family and society has been relegated to second place, which reflects neither equality nor justice. This article aims to affirm that Balinese women are entitled to be heirs. This normative legal study employs an approach based on the resolutions of the Pesamuhan Agung (Grand Assembly) of the Majelis Desa Pakraman (MDP) Bali, together with a conceptual approach. Primary and secondary legal materials are analyzed descriptively. From the perspective of Hindu religious morality, women play a central role and are equal to men. Societal views of Balinese women have also changed, as shown by their increasing rights and opportunities in government, politics, law, socio-cultural life, and the family. An important breakthrough came with Resolution of the Third Pesamuhan Agung of the MUDP Bali No. 003/KEP/PSM-A3/MUDP/BALI/X/2010, dated 15 October 2010, which normatively establishes daughters as limited heirs to their parents' harta guna kaya (jointly acquired property). Accordingly, the status of daughters has shifted from non-heirs to limited heirs. This resolution embodies social justice for Balinese women and enables parents to treat their children justly without distinction of sex. This article contributes to the development of legal scholarship, particularly on Balinese customary inheritance law.