Hak Warisin 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 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 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)• 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 • 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 • 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• 5 males and 5 females

Research

�Aim of our pilot research study

�Questions we asked

�Limitations�Limitations

Analysis

�All 10 students were aware of the customary

law of Hak Waris

�8 out of 10 students believed this law �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 Balinese traditional communities

discriminates women, when upon further investigation this law actually discriminates both

genders.