Journal of Adat Recht
Vol. 1 No. 6 (2025): MARCH-JOAR

The Effect of Customary Law on The Distribution of Heritage to Indigenous Peoples in Indonesia

Olyvia Rosalia (Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi)
Firayani (Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi)
Taupiq (Universitas Islam Batang Hari (UNISBA))



Article Info

Publish Date
31 Mar 2025

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.

Copyrights © 2025






Journal Info

Abbrev

JOAR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Adat Recht is a journal with the theme of Legal Science, with benefits and objectives for the development of Legal Science, by prioritising the originality, specificity and recency of articles in each issue. The purpose of the publication of this Journal is to provide space to publish ...