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All Journal Awang Long Law Review
Arman Lase
Fakultas Hukum, Universitas HKBP Nommensen, Medan, Indonesia
Law, Crime, Criminology & Criminal Justice

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HARMONIZATION OF NIAS CUSTOMARY LAW AND CIVIL LAW IN IMPLEMENTING INHERITANCE DISTRIBUTION FOR THE SOUTH NIAS COMMUNITY Arman Lase; Janpatar Simamora; Ria Juliana Siregar
Awang Long Law Review Vol. 8 No. 4 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i4.2401

Abstract

Legal pluralism in Indonesia often creates normative tensions between state law and customary law, particularly in the realm of inheritance law. The South Nias community, which adheres to a patrilineal kinship system, traditionally places sons as the primary heirs to maintain the continuity of the lineage and clan heirloom property, whereas daughters generally do not possess inheritance rights over ancestral land. On the other hand, the Indonesian Civil Code (Burgerlijk Wetboek / BW) adopts a bilateral system that grants equal rights and shares to all children without distinguishing gender or birth order. This study aims to analyze the form of harmonization and conflict resolution between these legal systems in the practice of inheritance distribution in South Nias. Employing an empirical-juridical approach with a qualitative analytical method, this study finds that harmonization occurs through cultural and legal adaptation mechanisms. The South Nias community bridges these differences through: (1) Deliberation for consensus (fahuwusa/famini) under the guidance of traditional leaders (Salawa); and (2) The utilization of Civil Law instruments such as lifetime grants/gifts (hibah/bebe) and wills executed for daughters during the testator's lifetime. Thus, harmonization is not achieved by eliminating one of the legal systems, but rather through the integration of modern justice values within the framework of local wisdom.
Co-Authors Janpatar Simamora Ria Juliana Siregar