ADMISSION OF INDIGENOUS LAW COMMUNITIES ON DECISIONS MAJELIS UTAMA DESA PAKRAMAN (MUDP) BALI NUMBER 01 / KEP / PSM-3 / MDP BALI / X / 2010 CONCERNING HERITAGE RIGHTS WOMAN (EMPIRICAL STUDY IN BADUNG, JEMBRANA AND CITY DENPASAR DISTRICTS)

This research is invention research with the title Acceptance of Customary Law Community on the Decision of the Main Assembly of Pakraman Village (MUDP) Bali Number 01 / Kep / Psm-3 / MDP Bali / X / 2010 about Women's Inheritance Rights (Empirical Study in Badung Regency, Jembrana and City Denpasar). This type of research is empirical research to answer the problem: (1) whether the customary law community approved the existence of MUDP Decree Number 01 / Kep / Psm-3 / MDP Bali / X / 2010, (2) why they accept or not accept the Decree.

In customary law, the meaning of inheritance is the process of passing / transferring material and immaterial assets from one generation to the next generation. The definition as stated above can be translated again as a continuation of the obligations and rights of a family to its successor. Thus it can be concluded that those who accept the obligation are the ones who get the rights. The Balinese customary law community is a society that adopts a patrilineal family system (according to the male line) where family or descendant transmission is tracked along the male line. Therefore, the right to inherit is only in boys who are domiciled. Being a daughter because of the status of predana who would later marry out following her husband's family did not have the right to inherit.

In this study, the theory used to analyze the problems proposed is the Sociological Jurisprudence Theory as proposed by Eugen Ehrlich and Roscoe Pound. Through the theory of Eugen Ehrlich, it can be analyzed that the rule of law can only be enforced properly if it is in accordance with the sense of law or habits that exist in society. Meanwhile, through the theory of the Roscoe Pound, it can be analyzed that a rule of law can be used to manipulate society (law as a social engineering tool). With these two theories, this research will explore whether the Decree of the Main Assembly of Pakraman Village Number 01 / Kep / Psm-3 / MDP Bali / X / 2010 about the Rights of Women Inheritance is in accordance with the existing customs in society and whether the Decision of the Main Assembly of Pakraman Village can direct the community towards what is meant by the decision of the Main Assembly of Pakraman Village.

In the research conducted in Badung Regency, Jembrana Regency, and Denpasar City, it turns out that in the community no one has done it as referred to in the provisions referred to in the MUDP Decree, mainly in granting inheritance rights to girls. It can be found the existence of inheritance to women, but the inheritance is only given as long as he does not marry out with an obligation to carry out obligations at home / to the family of his parents. This gift is withdrawn by his brother when he marries out. So it can be concluded that the granting of inheritance is closely related to obligations that must be carried out at home / to the family of his parents and who carries out the obligations, he is the one who gets the rights, and the customary law community of Bali has not been able to accept the MUDP decision because it is not in accordance with the custom applies in society as the theory put forward by Eugen Ehrlich. However, in the development era, for the use of wealth, many have given gifts to their daughters, but these gifts are not accompanied by obligations and are voluntarily given according to the circumstances and financial capabilities of their parents.

In the development there have been many shifts in the sense of law and the implementation of customary law in the Balinese customary law community which can be seen from the stronger ties of somah (nuclear family) so as to weaken the ties of relatives, the tendency of weakening alliance ties associated with earning and continuing life, there have been many practical thoughts in the implementation of customs. This situation has slowly changed the thinking of the Balinese customary law community in giving assets to their daughters so that at present there are many parents who have given a share of their use to their daughters. However, this gift is not in the status of inheritance but as souls, tadtadan, or bekel which are not bound by obligations as a continuation of the lineage. With this situation, by looking at the social engineering theory of the law as proposed by Roscoe Pound, the Decision of the Main Assembly of Pakraman Village can later direct the community to give girls rights to parents' property in the form of souls, tadtadan, or bekel.