BWCC

“I don't know either, I never discussed it,” said Wati, not her real name, to me with worry on her face. “Maybe it's been implemented a long time ago. If you say you agree, you agree, if you say no, you don't really,” said Mulya, not his real name.

“It's difficult to answer easily, because it's a very sensitive issue of inheritance, even for girls. Moreover, everyone's answer is different. It's very difficult. That's why inheritance is a complex issue,” he added.

Those are the answers of several Balinese women when asked about the inheritance system in Bali. From the responses of the Balinese women, it appears that this is indeed a sensitive topic for some people, especially women in Bali.

The inheritance rights of Balinese women have been regulated in the Decision of the Great Council III MUDP Bali No. 1/Kep/PSM-3MDP Bali/X/2010. This rule was issued on October 15, 2010, and is said to be a “fresh breeze” for Balinese women. Many news and research journals raise the rules of the Traditional Village Assembly (TVA) or what has now changed to the Traditional Village Assembly (TVA).

Because, initially, Balinese inheritance was based on custom and heirs were male descendants. Thus, daughters are not counted in inheritance, even though women have the right to enjoy it as long as they are not married. So, this decision is a step to break the rigidity of Balinese customary inheritance law, which has discriminated against women for generations and centuries. However, after dozens of years since it was decided, have these rules been effectively conveyed?

Sensitivity of Inheritance Rights for Several Balinese Women

Starting from curiosity and armed with questions that had been pent up in my mind, I explored every path to meet several Balinese women and several times experienced rejection. This is indeed a sensitive topic to ask.

I spoke with Mulya at his residence in the Kuta area. The house with orange walls which is his residence is surrounded by large buildings that line the side of the main road. Mulya responded to all the questions I asked him. Although sensitive, he still explained his views regarding patriarchal culture which tends to exist in the Balinese inheritance system.

“In Bali, the inheritance goes to the sons, if a woman marries the man's place, where does her inheritance go? Unless the inheritance goes down to her son-in-law, only then is it true that women get inheritance rights,” Mulya said firmly. She also explained her view that some women in Bali do not get the rights they deserve even though they are already in their husband's houses. Meanwhile, Mulya also said that not everyone in his environment was like that. Some give their daughters an inheritance, such as a place to live after they get married, and some don't. Depending on the ability of parents to give inheritance to their children.

“In my environment, what I have heard, automatically the inheritance goes to that boy. Some gave their daughters out of pity, some did not. So, it depends on the parents. The term is given provision but not commensurate with the son,” said Mulya. I, who sat face to face with Mulya, nodded in understanding and listened solemnly to his eyes which opened my eyes.

On the other hand, I also met other Balinese women, namely the owner of a salon, who came from Canggu. While waiting, I sat and waited my turn. The perfumed fragrance of the salon is felt throughout the room. When it was time for the interview, Nyoman Mastini greeted my questions with a warm smile and openly gave his views.

“In my opinion, it's a tradition. We can follow it or not, but for me, I will give my child, even if she is a girl. Because in my opinion, that tradition, I don't fit in, but I'm not saying that tradition isn't good, but that's my right. The girls are my children, I will share them equally. For others, maybe it's up to them,” said Mastini.

In addition, he also gave his views on the division in his family first (before marriage). “In the past, I was a girl, we still supported each other, were compact, complemented each other, and understood each other. I also don't just think about my husband's family, I also think about the girl's house, even though I wasn't given anything, it's just nothing,” he added.

Studying the 2010 MUDP Regulations

“Never heard of it, there was no socialization like that,” replied Mulya, who represented the answers from most of the sources I met. Based on that, it can be said that there are still many who do not know about the decisions made by the MUDP (or now MDA) decades ago.

By continuing my journey, I met people who would have known the ins and outs of these regulations in depth. I arrived at the Faculty of Law, Udayana University, where Professor Wayan P. Windia, a professor of the faculty, had specifically discussed women's inheritance rights.

Prof. Windia said that inheritance is part of family law according to Balinese customary law. To understand Balinese customary law, there are four things you need to know: 1) you have to know adat villages, 2) you have to know the purulent or patrilineal kinship system, 3) you have to know Hinduism, and 4) you have to know the caste system.
“Then when you understand the four, then you can understand the problem of inheritance,” he answered enthusiastically.

He also added that inheritance according to Balinese customary law is responsibility or swadharma. There are three responsibilities: 1) the responsibility parahyangan (related to the family temple and the traditional village temple), 2) the responsibility for pawongan (relationships with the traditional family and village as Hindus), 3) the responsibility for Palembang (the management of the natural environment of the family and traditional village following Hinduism).

“If what is meant by inheritance earlier is a land, for example, it is at the last level (palemahan). You can't talk about Palembangan without knowing about it. That's different from other inheritances,” he said.

It should also be noted that the Decision of the Bali MUDP Grand Council III No. 1/Kep/PSM-3MDP Bali/X/2010, 15 October 2010 reads that Balinese women can receive half of the inheritance rights of purusa after deducting 1/3 for inheritance and preservation interests. Only if Balinese women convert to another religion, they are not entitled to inheritance rights. If the parents are sincere, they remain open by giving their souls voluntary funds or supplies.

The law returns based on the responsibilities that will be carried by the heirs (purusa). For someone who carries out full responsibility, then the inheritance rights will be obtained in full (with purusa status). Besides that, Prof. Windia also said that in inheritance according to Balinese customary law, the term left kedaton is also known, which means leaving one's place of residence. Some leave the kedaton completely (for example leaving Hinduism) and some are limited (for example entering into an ordinary marriage or marrying out).

“Depending on status. Those who have passed away to a full-fledged kedaton, their right to inheritance is null and void, while those who leave a limited kedaton are still entitled to the inheritance of their parents by the burden of limited responsibility and limited inheritance rights,” explained Prof. Windia further.

Apart from Prof. Windia, I also met a woman who has also fought for Balinese women's inheritance rights, Ni Nengah Budawati as Chair of the Bali Women Crisis Center (BWCC). He also shared his views in line with those conveyed by Prof. Windia.

Budawati explained again about heirs being taken from purusa descent, not patriarchy (or only men). “It's not the language of women, but who has purusa status,” he said.

The status of purusa and pradana, in addition to being valid in terms of Hinduism, also applies in the explanation of Balinese customary inheritance law. In Balinese inheritance law, purusa is interpreted as a son or daughter (sentana rajeg), who will inherit both the rights and obligations of the heir. On the other hand, pradana is interpreted as a son or daughter who dies at the daton (marries out) and leaves the rights or obligations left by the heir. In addition, he also explained that there is a marriage system that affects the status of heirs.

Hearing this, I felt I understood that the context was not to see whether he was male or female, but whether he had purusa status or not. Before I asked another question, Budawati returned to explain one important fact enthusiastically.

“Inheritance from ancestors should not be accepted by daughters (pradana),” he said. I stopped and put on a confused face.

According to Budawati's explanation, ancestral inheritance is inheritance drawn from ancestral lines, and what daughters get is inheritance for the rich. Guna Kaya is an inheritance (property) that is obtained by parents after their marriage. Hearing that explanation, there is one question I want to ask.

“Why don't women (pradana) get ancestral inheritance rights?” ask me. Budawati enthusiastically answered my questions directly. “Because there is an obligation mechanism there. In Bali, for ancestral inheritance rights implies an obligation. You can't ask for rights, but you don't carry out obligations,“ he said.
Budawati also explained the obligations in question, for example, the obligation of ngadat (carrying out responsibilities in indigenous peoples), caring for parents, and looking after ancestors.

I stopped and thought for a moment, the same thing was said as Prof. explained. Windia. The responsibility borne by someone with purusa status will be heavy. Not long after, Budawati asked me a question that was still processing all the information.

“If you then ask for ancestral inheritance rights, will you fully comply with the obligations?” he asked. I thought for a moment. Men or women, especially those who are married, will not be able to carry out responsibilities in both places simultaneously and it will certainly be difficult. So, the essence of the discussion is that there is gender equality in the distribution of inheritance rights, but it depends on the position or status of the person.

Actions that Balinese Women Can Do

Hearing various opinions from sources, then a question arose in my mind. “Then, what should or should be done by Balinese women?” ask me.

This question was answered by Budawati who firmly explained that women must know their position and find out information about their customary laws.
“We women have to know where I am and what my customary law is, indeed, it doesn't discriminate. If you are discriminated against, what are you fighting for and what rights do you have to ask for, talk about it, don't grumble,” she said firmly.

He also said that when talking about women, it is not only women who are currently being discussed but women who will come or be born later. “When talking about women, don't talk about only women at the moment, but about women who will come or be born later, our future female descendants,” she concluded, which was also a message she conveyed.

Hope Buried in Mind

Various kinds of hopes packed with feelings and desires mixed, then raised by the great women I met. However, the most important thing is the hope for stakeholders who continue to spread information about this extraordinary decision so that more people will know about it.
“Hopefully, Mother, this is implemented well. This decision is extraordinary. Where later we can provide welfare and benefits for our women, MDA must at least socialize the decision. If there is an extraordinary decision but it is not implemented or provided with assistance, for example, it will be a loss.” said Budawati.

In line with that, Prof. Windia also conveyed the same thing that the steps that can be taken are socialization. Besides that, Prof. Windia also suggested that the awig-awig desa adat (customs inherited from generation to generation in Bali) be revised following the awig-awig written in the substance of the Regional Regulation of the Province of Bali Number 4 of 2019 concerning Traditional Villages in Bali, as well as the meaning of the revision of the substance of the awig-awig which is felt to be underdeveloped with the development of society (including the relationship of death to the daton).

Based on the twists and turns of the long explanation I got, the final decision depends on the family concerned. Because everyone experiences things differently. However, one thing is certain: women must have the same position as men before the law so that women have the right to inherit from their parents. Women, especially in Bali, must receive the same attention as men because they have been or will always be responsible for caring for their parents throughout their lives, so they deserve to be taken into account in terms of inheritance.

This article is part of the Student Press Workshop and Story Grant program organized by the Union of Journalists for Diversity (SEJUK) with the support of the Friedrich-Naumann-Stiftung für die Freiheit (FNF) and the Ministry of Law and Human Rights.