Analisis Yuridis Kedudukan Perempuan dalam Hak Waris Rumah Tinggal Berdasarkan Hukum Adat Bajawa, Nusa Tenggara Timur

Abstract

This study examines the legal position of women in inheriting residential houses under Bajawa customary law in Ngada Regency, East Nusa Tenggara. Although the Bajawa community follows a matrilineal system that places women at the center of lineage continuity, in practice their inheritance rights are not always absolute and may be influenced by various socio-cultural factors. This research aims to analyze women’s legal status in such inheritance and to identify factors that limit or shape the realization of these rights. An empirical juridical method was employed using factual and historical approaches. Primary data were obtained through in-depth interviews with customary leaders (mosalaki), community members, and relevant stakeholders, while secondary data were collected from legal documents and scholarly literature. The findings indicate that women, particularly the eldest daughter, hold primary genealogical rights over the family house as a symbol of lineage continuity. However, these rights are conditioned by social stratification, marital patterns, and customary recognition. The study highlights that Bajawa customary law provides strong social legitimacy for women’s inheritance rights, yet lacks formal legal certainty due to the absence of codification.