Sistem Pewarisan Ninggal Kedaton Sebagai Sistem Hukum Adat Bali dalam Perspektif Hak Asasi Manusia (Gender Equality). (Ninggal Kedaton Inheritance System as Balinese Customary Law System in Human Rights Perspective (Gender Equality)).

This thesis research aims to find out more about the ninggal kedaton inheritance
system as a Balinese customary law system in the perspective of human rights,
especially in the study of gender equality, as well as legal protection for Balinese
women who are bound by the ninggal kedaton inheritance system. This research uses
a normative method with a statute approach, conceptual approach, and historical
approach. The Balinese inheritance system itself uses a patrilineal system and is
known as purusha status (adheres to the male lineage system). The system is
considered unfair considering that women as children should also have the same
rights in inheriting. In this condition, it creates gender bias and is certainly unfair to
one of the parties. The emergence of the Decision of the Great Pesamuan III MUDP
Bali Number 01/KEP/PSM-3/MDP Bali/X/2010 became a breath of fresh air for
Balinese women in inheriting. However, there are still restrictions on inheritance
known as ninggal kedaton. Ninggal kedaton is associated with a responsibility
(swadharma) of the heir which is divided into full ninggal kedaton and limited ninggal
kedaton. When reviewed, these restrictions are still considered unfair, especially in
the study of gender equality. This injustice arises from several provisions limiting the
acquisition of inheritance for heirs in Bali. This restriction called ninggal kedaton is
still considered to discriminate, especially against women in certain provisions. This
is not in accordance with Article 3 paragraph (3) of Law of the Republic of Indonesia
Number 39 of 1999 which states that everyone has the right to freedom and protection
without any discrimination.