RASIO LEGIS HUKUM WARIS ADAT BALI SEORANG AHLI WARIS YANG PINDAH AGAMA

Mayasari, Dian Ety and Lyanthi, Merline Eva (2021) RASIO LEGIS HUKUM WARIS ADAT BALI SEORANG AHLI WARIS YANG PINDAH AGAMA. Jurnal Bonum Comunne, 04 (01). pp. 1-12. ISSN ISSN (Print) : 2622-982x ISSN (Online) : 2622-9668

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Official URL: http://jurnal.untag-sby.ac.id/index.php/bonumcommu...

Abstract

This study aims to know and understand that the heirs who convert to religions in Balinese customary law have their rights and obligations in the family environment. In Balinese customary law, the rights and obligations of the heir must accept both material and immaterial forms and this if the heir who is a Hindu changes to another religion, a legal problem will arise. The research method used is juridical normative based on legal principles, legal principles and rules of Balinese traditional inheritance law that exist in awig-awig customary villages. The results showed that according to Balinese traditional inheritance law, heirs who converted to religions were no longer the heirs. The loss of position as an heir as a result of changing religions occurs because when someone changes religion, automatically the inheritance rights of the parents will be lost as a result of not being allowed to carry out religious-related obligations to the family related to ancestral worship in Sanggah/Eksajan/Temples and to local indigenous communities related to religious and customary activities. The loss of inheritance rights from parents as a result of changing religions is also caused because Balinese traditional inheritance law adheres to a patrilineal kinship system, not just purusa (male) and prime (female) status, but is much more complex, concerning scale (reality) and niskala (belief). So that according to Balinese customary inheritance law, rules apply to heirs who change religions where the position of the heir dies in the kingdom or someone who changes religion from Hinduism to another religion will result in losing the right to inheritance.

Item Type: Article
Uncontrolled Keywords: inheritance law; heirs; balinese customs
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Prodi Ilmu Hukum
Depositing User: Merline Eva Lyanthi
Date Deposited: 22 Apr 2021 04:42
Last Modified: 18 Jun 2021 04:19
URI: http://repositori.ukdc.ac.id/id/eprint/692

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