Status and Inheritance Rights of Daha Tua in Balinese Customary Inheritance Law: Study on Balinese Indigenous People in Banjar Dewa Village, Banjar Agung District, Tulang Bawang Regency

Ni Luh Nita Sari, I. G. AB Wiranata, Kasmawati, Aprilianti, Dewi Septiana
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Abstract

Old Daha is an adult woman biologically menstruating, until old age. It is said that Daha Tua if his status does not carry out marriage until the end of reproductive ability. So Old Daha was an adult woman until she died with the status of never married. The situation of Old Daha will be set aside by his family members because it is considered a mere burden, so the issue of Old Daha's inheritance rights arises and the distribution of Old Daha's inheritance rights to his heirs in Banjar Dewa Village, Banjar Agung District, Tulang Bawang Regency. This research is empirical normative legal research, with a descriptive type. The problem approach used is a juridical-sociological approach. The data used are secondary data and primary data. Data collection techniques with literature studies and field studies are interviews. Data analysis is used qualitative data analysis. The results showed that Daha Tua in Banjar Dewa Village was not an heir, however, along with the development of the era, parents assumed that Daha Tua was entitled to receive his parents' property while still paying attention to customary law as a guideline that applies in the Balinese customary inheritance system. The distribution of inheritance rights belonging to Daha Tua to his heirs in Banjar Dewa Village will be inherited to heirs who are related to Purusa by blood, such as his chosen brother or by adopting the nephew of his brother as a legitimate child. These efforts were made to get heirs and shelter in old age.
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Daha Tua 在巴厘岛习惯继承法中的地位和继承权:巴厘岛原住民研究:Tulang Bawang 县 Banjar Agung 区 Banjar Dewa 村的巴厘岛原住民
老达哈是指生理上有月经的成年妇女,直到老年。据说 Daha Tua 如果有身份就不会结婚,直到生殖能力结束。因此,老达哈是一名成年妇女,直到她去世时都没有结婚。老达哈的情况将被其家庭成员搁置一旁,因为他们认为这只是一种负担,因此出现了老达哈的继承权问题,以及如何将老达哈的继承权分配给其继承人的问题。本研究属于实证规范法律研究,属于描述型研究。采用的问题方法是法学-社会学方法。使用的数据包括二手数据和一手数据。文献研究和实地研究的数据收集技术是访谈。数据分析采用定性数据分析。研究结果表明,Banjar Dewa 村的 Daha Tua 不是继承人,但是,随着时代的发展,父母认为 Daha Tua 有权继承父母的财产,同时仍将习惯法作为适用于巴厘岛习惯继承制度的准则。在 Banjar Dewa 村,属于 Daha Tua 的继承权将分配给与 Purusa 有血缘关系的继承人,如他选择的兄弟或收养其兄弟的侄子为婚生子女。这些努力都是为了得到继承人和晚年的庇护。
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