Judul Paper:

Policing Religious Family Rights: Muslim and Hindu Women's Land Ownership in Indonesia

Pembicara :

ACHMAD FAWAID - Pendidikan Agama Islam

Nama Forum :

The 18th Annual International Conference on Islamic Studies (AICIS)

Penyelenggara :

Minister of Religious Affairs, Republic of Indonesia

Waktu Penyelenggaraan :

18/09/2018

Abstraksi :

This study portrays issues of the relationship between religious status of women and their marginalized role in agricultural landownership in Java and Bali. In Java, for instance, even though they are strengthened by family law, only about one-third of land title certificates reflect ownership by women. Conversely, in Bali, the Hindu women have to obey the customary law in which they deal with a dilemma between their rights and needs on the one hand, and their loyalty towards their families, communities, and culture on the other. The lack of women’s landownership, either by the customary law or by the land registration, is to show that agricultural policy of land registration always gets women into the lower status of the agricultural legal consideration. It also impacts on the ways they practice religious beliefs as they are positioned in difficult manner of any religious legal issues, including inheritance rights (hak waris) and family law (hukum keluarga). Despite the Javanese government’s efforts to educate the public about land registration and a few of Hindu family to transfer mechanism from parent to daughter through a deed of sale and purchase in the presence of Land Deed Official, few women are aware of the registration procedures and more marginalized in the religious mechanism of inheritance rights.  Consequently, the ways Java and Bali women’s interests are not compromised in cultural, political, and religious sphere. This article concludes, however, that firstly, formal procedures for the transfer of land protect women when land is sold or divided in Bali, and secondly, customary Javanese practices provide a protection to the idea of marital community goods.

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