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The Inheritance Rights of Girls in Sasak Customary Law Reviewed from the Development of Womens Rights

. Abdul Gani Makhrup, I Nyoman Nurjaya, Lalu Husni, Lalu Sabardi Doctoral Study Program of Law, Faculty of Law, University of Mataram, Indonesia


Abstract

Some of the problems in this study are: First, studying the position of girls in indigenous sasak people on the island of Lombok. Second, review the right to bequeath women based on the customary inheritance law of the sasak tribe along with the development of women's inheritance rights in other customary laws against the rule of national law. Third, review the settlement of sasak customary inheritance disputes, as well as the role of sasak tribal customary heads in sasak customary inheritance law. The research approach used is a qualitative descriptive approach by prioritizing factual problems that occur among the indigenous people of sasak tribe of Lombok. The methodological research used is research and deplovment (developing existing researches to serve as a basis in formulating new theories. The results of the research show that the right to bequeath women according to sasak customary inheritance law, namely the inheritance system used is mostly the mayorate inheritance system where the position of the eldest son as the heir of his parents, this is because sasak society adheres to the patrilineal hereditary system whose descendants are drawn according to the father line where the role of the male is more mononjol than the female. Meanwhile, the process and portion of the distribution of inheritance taken by sasak indigenous people is by means of grants and will grants, it is done in anticipation of disputes between heirs and the achievement of benefit. And the proportion of boys and girls gets its share according to the results of family deliberations. It aims to keep the culture of deliberation going on among the heirs. The point is that the concept of pade ride or equally willing to be the main point in the deliberation of its division. In addition, other findings also show that in the midst of indigenous peoples in the Sasak tribe there have been new legal values that are aligned and in line with the development needs of the community itself. It is felt unfair if the daughter is considered as not the heir. The girl is now recognized as the heir. Therefore, logically, the woman must obtain a share as the heir of her deceased parents.

 

Index Terms- Girls' Inheritance Rights, Sasak Customary Law, Development of Women's Rights

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