Hak Waris
in traditional Balinese communities
Supervisor: IGAA Dike Widhiyaastuti, SH,MH Hanna Christine Ndun: UNUD
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
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
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)
Background
3 elements of responsibilities in Balinese Traditional communities:
Parahyangan: men to God
• Parahyangan: men to God • Pawongan: men tomen
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
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
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
