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All Journal Jurnal Kolaboratif Sains I’tiqadiah: Jurnal Hukum dan Ilmu-ilmu Kesyariahan Journal of Adat Recht
Taupiq
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Journal : Journal of Adat Recht

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The Effect of Customary Law on The Distribution of Heritage to Indigenous Peoples in Indonesia Rosalia, Olyvia; Firayani; Taupiq
Journal of Adat Recht Vol. 1 No. 6 (2025): MARCH-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/sbqnab98

Abstract

This study discusses the influence of customary law on the distribution of inheritance within indigenous communities in Indonesia, as well as how customary law is recognized within the national legal system. Indigenous communities possess diverse inheritance systems, such as patrilineal (Batak, Nias), matrilineal (Minangkabau), and bilateral (Javanese, Sundanese) systems, which often differ from the provisions of positive law, such as the Civil Code and the Compilation of Islamic Law. This study employs normative legal research methods with a statutory approach to analyze the regulations governing customary inheritance. The findings indicate that although the state has acknowledged the existence of customary law through Article 18B Paragraph (2) of the 1945 Constitution, Law No. 5 of 1960, and Law No. 6 of 2014, challenges remain in its implementation particularly regarding conflicts with national law and the potential for gender discrimination in certain customary systems. The study concludes by emphasizing the need for harmonization between customary and national law to create a more equitable inheritance system that aligns with the principles of human rights protection.
Co-Authors Ahmad Soleh Budi Handayani Budi Utomo, Darmawan Tri Firayani Habibah Zulaiha Hamzah Mardiansyah Mieke Anggraeni Dewi Rosalia, Olyvia Sawaluddin Siregar Syamsudin Muir zainal efendi hasibuan