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KEDUDUKAN HAK MEWARIS PEREMPUAN DARI HARTA BERSAMA DALAM HUKUM ADAT SASAK

Journal: Perspektif (Vol.15, No. 2)

Publication Date:

Authors : ;

Page : 123-138

Keywords : Hak Mewaris; Perempuan; Hukum Adat Sasak; inheritance rights Women; Customary Law Sasak;

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Abstract

The women have right to inherit from the marital properties based on the Adat Sasak Law because they have the importance role in collecting those properties with their husbands in fraying, deciding, managing and transferring those property, the children are beneficaries of their parents who most enttitle to bequeth the individual and the marital properties of their parents, the barrier faced by the women beneficiaries in Adat Sasak Law are: (1) the domein of adat law, namely space (desa), time (kala), and circumstances (patra) affecting in deviding those inheritance; (2) the men (in the case the sons) obtaining the larger share are not understand the sense of the larger share. In Adat Sasak Law the larger share are linear to the duties and liabilities for those men; (3) the reality in the field shows the women obtaining the unadvantege share decided by unanimous decision did not appeal to this decision because the fear to be alienated from their clans.

Last modified: 2017-04-03 13:09:53