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All Journal Nomico Maneggio Journal of Adat Recht Leges Privatae Kamara Journal Journal of Horizon Journal of Public Health Indonesian
Rosalia, Olyvia
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Agriculture, Biological Sciences & Forestry Humanities Chemistry Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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.
The Status of Adat Law in Traditional Courts: Between Validity and Legitimacy in the Eyes of National Law Rosalia, Olyvia; Nurahman, Dwi
Journal of Adat Recht Vol. 2 No. 1 (2025): MAY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/nt2frm17

Abstract

This study examines the position of customary law within Indonesia’s customary courts, exploring the delicate balance between legality and legitimacy from the perspective of national law. Customary law holds a significant place in Indonesia’s pluralistic legal system, recognised constitutionally and through various statutes such as Law Number 6 of 2014 on Villages and Law Number 48 of 2009 on Judicial Power. However, its practical enforcement and integration remain challenged by legal ambiguities and limited formal recognition, particularly concerning customary courts’ jurisdiction and authority. This research employs a normative legal approach, analysing relevant legislation, constitutional provisions, and judicial decisions to understand how customary law navigates between formal legality and the social legitimacy derived from indigenous communities. The findings reveal that while customary law is socially and culturally legitimate within indigenous societies, it often occupies a marginalised position within the state legal framework. Customary courts play a crucial role in mediating disputes and preserving indigenous identity, yet face constraints due to their limited legal empowerment. The study also highlights the need for comprehensive legal reforms and policies that enhance customary law’s status, promote cooperation between customary and state legal systems, and respect cultural diversity. Comparative insights from other pluralistic jurisdictions further underscore the potential for harmonising customary and national law to achieve justice and social cohesion in Indonesia.
Co-Authors Agustina, Eka Santi Ahmad Junaidi Amruddin, Amruddin Ansori, Kholid Ardenny Arief Fahruri Ariy Khaerudin Chin, Jacky Christiaan, Pemy Dodi Sukmayadi Dwi Nurahman, Dwi Ekobelawati , Fransiska Farawowan, Fauziah F. Firayani Firayani, Firayani Godlif Sianipar Hanuring Ayu Ardhani Putri Harahap, Kamila Heliyani Irwanto, Miko Mei Jimu, La Judijanto, Loso Juliani Pudjowati Kalip, Kalip Kalsum, Ummy Laros Tuhuteru Lestaluhu, Kasman Lubis , Toib Mas'ud, Marwah Merung , Arteurt Yoseph Muh. Safar, Muh. Nasim, Abu Sahman Noviya, Anis Pramudi Harsono Prasetyo, Andreas Recki Riatmaja, Dodi Setiawan Said, Sadly Ashari Samanlangi, Ilham Selly Swandari Sembiring, Tamaulina Br. Siddiqi, M. Sri Meike Jusup Sulistyani, Nuraida Wahyu Supriadi, Hari Tampubolon, Herikson Taupiq Wijayanti, Lumastari Ajeng Wuryanti, Lestari Yuliastuti, Hilda Zainal Firdaus Wardhana Zuhri, Lahmuddin Zulham Zulham