I Nengah Suarda, L. Sabardi, Aris Munandar

Abstract:

The purpose of this research is to know and analyze the position of widow in customary law of inheritance of Bali and the basis of judges’ consideration in giving decision of inheritance rights for widow in customary law of inheritance of Bali based on Decision Number 35 / Pdt / 2016 / PT DPS.

The research method used is normative legal research, with the approach of legislation, conceptual, and case. Analysis of data and legal materials is done by analyzing various regulations that specifically regulate the position of widows in customary law of Bali.

Based on the results of the study, according to customary law of inheritance applicable to the people of Bali, widow is not an heir and is not entitled to inherit from her husband’s inheritance. But a widow will still be able to master and enjoy the treasures of her husband until he died or remarried; with the record he still runs his dharma as a widow. If a widow breaches her dharma then she can be fired as a widow of her deceased husband and must return all of her husband’s estate that has been mastered to her children or to her husband’s family (kepurusa). Widows are only entitled to share in the common property acquired during the marriage, while the original possessions must return to the origin (the husband’s family). The judges in the Denpasar High Court’s verdict Number 35/Pdt/2016/PT DPS saw in the aspect of justice and equality of the right and continuity of family swadarma administration, the High Court of Justice of Denpasar held that Comparator 2 / Defendant 2 as wife or widow of the late I Ketut Suja, has the right to appeal to wealth-rich assets, therefore, the High Court of Justice of Denpasar held the view that Comparator 2 / Defendant 2 was the heir of the late I Ketut Suja

Keywords: position of widow, inheritance balinese, study of decision

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