Awang Long Law Review
Vol. 8 No. 4 (2026): Awang Long Law Review

HARMONIZATION OF NIAS CUSTOMARY LAW AND CIVIL LAW IN IMPLEMENTING INHERITANCE DISTRIBUTION FOR THE SOUTH NIAS COMMUNITY

Arman Lase (Fakultas Hukum, Universitas HKBP Nommensen, Medan, Indonesia)
Janpatar Simamora (Fakultas Hukum, Universitas HKBP Nommensen, Medan, Indonesia)
Ria Juliana Siregar (Fakultas Hukum, Universitas HKBP Nommensen, Medan, Indonesia)



Article Info

Publish Date
31 Jul 2026

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.

Copyrights © 2026






Journal Info

Abbrev

awl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Awang Long Law Review known as the ALLRev launched on November 1, 2018 and inaugurated formally by Chairman of the Awang Long School of Law. Besides "The Juris" Journal of Legal Sciences, Awang Long Law Review (ALLRev) is the official journal of the Awang Long School of Law published biannually (May ...