KEDUDUKAN HARTA BAWAAN DALAM HUKUM WARIS ADAT BALI DAN UU NO. 1 TAHUN 1974 TENTANG PERKAWINAN

Abstract

This study aims to analyze the regulation and legal position of separate property (jiwa dhana) within Indonesian marriage law and Balinese customary inheritance law, as well as to examine the legal construction for resolving inheritance disputes involving jiwa dhana when the owner dies without descendants. This research employs a normative legal research method using both statutory and conceptual approaches. The legal materials consist of primary and secondary sources analyzed through descriptive qualitative methods. The results indicate that under Law Number 1 of 1974 concerning Marriage, separate property is considered personal property under the control of each spouse and is legally distinct from marital joint property. In Balinese customary law, the concept of jiwa dhana is also recognized as personal property; however, its implementation is strongly influenced by the patrilineal kinship system (purusa) and customary obligations. Legal issues arise when the female owner of jiwa dhana dies without descendants, as there are no explicit regulations governing such circumstances in either positive law or written customary law. In practice, dispute resolution is conducted through customary deliberation based on the values of living law within Balinese society. Therefore, more comprehensive legal regulations are needed to provide legal certainty while still respecting the customary values that continue to exist and develop within Balinese customary communities.