Legal Protection of the Inheritance Rights of a Sons Who Follow Their Mother in Mulih Daha in Inheritance of Balinese Customary Law
Year: 2025
Type: article
Abstract: Balinese customary law adheres to a patrilineal kinship system, where sons as purusa have primary rights in inheritance. However, in some cases, there are sons who follow their mothers mulih daha (return to their original homes), so they have the potential to lose their inheritance rights. This study examines the legal position of sons who follow their mothers mulih daha and legal protection of their inheritance rights, especially in cases of unilateral control by their father's purusa family. This study uses an empirical method with a sociological and anthropological approach, and was conducted in Pemogan Traditional Village and Pemecutan Traditional Village. Data were obtained through interviews, document studies, and qualitative analysis. The results of the research conducted in Pemogan Traditional Village and Pemecutan Traditional Village showed that a son who follows his mother back to his position as a purusa in his late father's family is related to his swadharma and swadikara in his late father's family and the legal protection that can be given to the son regarding the inheritance controlled by the purusa family is by holding a deliberation between the families and if there is no agreement then the customary leader can become a party when mediating between the two parties, but if both methods fail then they can ask for help from the Bali Traditional Village Council (MDA).
Institution: Warmadewa University
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W6949640446
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