The Effectiveness of Implementing Inheritance Based on Civil Law in Indigenous Communities

Abstract

 Inheritance in Indonesia often faces the challenge of legal dualism: civil inheritance law (derived from the Civil Code/KUHPer) and customary law, which is still strongly applied in society. This study aims to analyze the effectiveness of the implementation of civil inheritance law among indigenous communities with their own inheritance systems and norms. The research method used is an empirical juridical approach, with data collected through interviews, document studies, and observations in areas where traditional customs are still strongly held, such as the Batak and Minangkabau communities. The results indicate that the implementation of civil inheritance law is often ineffective due to conflicts with deeply rooted customary values. Communities tend to prefer resolving inheritance distribution through customary mechanisms, as they are considered fairer and more in line with local social structures. However, in certain cases, civil law remains the reference, especially in resolving conflicts in court. Thus, the synergy between civil law and customary law needs to be strengthened to achieve legal certainty and justice in a balanced manner.