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PENERAPAN HUKUM PERKAWINAN DAN SISTEM KEWARISAN DALAM PERSPEKTIF HUKUM ADAT SUNDA Ryan Rudyarta; Ambar Putri Fadilah
JUSTNESS - Jurnal Hukun Politik dan Agama Vol 6 No 2 (2026): September 2026
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v6i2.139

Abstract

This study explores the implementation law of marriage and inheritance systems within the Sundanese customary community as an integral part of Indonesia's customary legal system. Sundanese customary marriage serves not only as a lawful union between a man and a woman but also embodies social, spiritual, and cultural values that strengthen social cohesion within the community. The Sundanese inheritance system is generally bilateral, meaning that inheritance can be passed down through both the paternal and maternal lines. The study aims to examine cultural values, customary legal norms, and gender roles within the context of marriage and inheritance practices in Sundanese society. In the context of inheritance law, the Sundanese apply a bilateral system, which considers lineage from both parents. The findings indicate that in Sundanese society, the rights and obligations of husband and wife in marriage significantly affect the structure and distribution of inheritance. Inheritance is not merely distributed materially, but also includes moral and symbolic aspects. The implications of this study highlight the importance of preserving customary law amid the dynamics of national law, particularly to reinforce the recognition of indigenous peoples’ rights as mandated in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. This system reflects the flexibility and adaptability of customary law in response to the socio-economic dynamics of contemporary Sundanese communities.