Hak Waris in Bali Traditional Communities.
Hak Waris
in traditional Balinese communities
Supervisor: IGAA Dike Widhiyaastuti, SH,MH
Hanna Christine Ndun: UNUD
Sarah Suttor: CDU
The authors
We thought we were going in one
direction…
Initial discussions changed our focus and narrowed
our research.
No comparison of Australian Law
No longer focussing on the discrimination of
women, but rather the perception of this
Our discussion with Prof. Wayan P. Windia
Conclusion
The perception is that the
customary law of Hak Waris in
Balinese traditional communities
discriminates women, when upon
further investigation this law
actually discriminates both
genders.
Background
The four elements of Adat Waris are:
• Pewaris (The one who inherits the heritage)
• Warisan (The heritage)
• Waris (The next generation)
• Ahli Waris (The next generation who has the
rightful heritage)
(Note: Only elements 1, 2, and 4 are applicable in Indonesian
civil law.)
Background
3 elements of responsibilities in Balinese
Traditional communities:
• Parahyangan: men to God
• Pawongan: men tomen
• Palemahan: men to nature
Legal issues
• Discrimination of community members if they
marry and leave their home to be with partner
is assumed to affect women only.
• The Adat law of Hak Waris is applied in varying
degrees within Balinese traditional
communities as it is customary and not civil
law.
Research
Pilot sample:
• 10 Hindu students at UNUD
• Aged between 20-25 years
• 5 males and 5 females
Research
Aim of our pilot research study
Questions we asked
Limitations
Analysis
All 10 students were aware of the customary
law of Hak Waris
8 out of 10 students believed this law
discriminates women
Remaining 2 students (1 male, 1 female)
indicated no discrimination at play
Where to from here?
• How do we change this perception?
• Ideas from the crowd?
Conclusion
The perception is that the
customary law of Hak Waris in
Balinese traditional communities
discriminates women, when upon
further investigation this law
actually discriminates both
genders.
in traditional Balinese communities
Supervisor: IGAA Dike Widhiyaastuti, SH,MH
Hanna Christine Ndun: UNUD
Sarah Suttor: CDU
The authors
We thought we were going in one
direction…
Initial discussions changed our focus and narrowed
our research.
No comparison of Australian Law
No longer focussing on the discrimination of
women, but rather the perception of this
Our discussion with Prof. Wayan P. Windia
Conclusion
The perception is that the
customary law of Hak Waris in
Balinese traditional communities
discriminates women, when upon
further investigation this law
actually discriminates both
genders.
Background
The four elements of Adat Waris are:
• Pewaris (The one who inherits the heritage)
• Warisan (The heritage)
• Waris (The next generation)
• Ahli Waris (The next generation who has the
rightful heritage)
(Note: Only elements 1, 2, and 4 are applicable in Indonesian
civil law.)
Background
3 elements of responsibilities in Balinese
Traditional communities:
• Parahyangan: men to God
• Pawongan: men tomen
• Palemahan: men to nature
Legal issues
• Discrimination of community members if they
marry and leave their home to be with partner
is assumed to affect women only.
• The Adat law of Hak Waris is applied in varying
degrees within Balinese traditional
communities as it is customary and not civil
law.
Research
Pilot sample:
• 10 Hindu students at UNUD
• Aged between 20-25 years
• 5 males and 5 females
Research
Aim of our pilot research study
Questions we asked
Limitations
Analysis
All 10 students were aware of the customary
law of Hak Waris
8 out of 10 students believed this law
discriminates women
Remaining 2 students (1 male, 1 female)
indicated no discrimination at play
Where to from here?
• How do we change this perception?
• Ideas from the crowd?
Conclusion
The perception is that the
customary law of Hak Waris in
Balinese traditional communities
discriminates women, when upon
further investigation this law
actually discriminates both
genders.