RECOGNITION OF TRADITIONAL INHERITANCE LAW IN INDONESIA: A CASE STUDY OF SEDULUR SIKEP TRADITIONAL SOCIETY

Abstract

The system of traditional inheritance law in Indonesia often comes into conflict especially with
the inheritance law system in the Burgerlijk Wetboek and the Islamic law system, which in
many cases often has problems between those three law systems. This study aims to determine
and analyze the pluralism of inheritance law in Indonesia and the recognition model of law for
traditional inheritance law and the inheritance law system in the sedulur sikep traditional
community. This research uses a qualitative method with a normative juridical approach and
descriptive-analytical research specification. The results show that the pluralism of inheritance
law in Indonesia and the recognition model for traditional inheritance law, that there is an
inheritance law system, namely the civil law inheritance system or Burgerlijk Wetboek, the
Islamic inheritance law system, and the traditional inheritance law system. Recognition of the
traditional inheritance law system based on Pancasila and Article 18B Paragraph (2) of the
1945 Constitution of the Republic of Indonesia. The inheritance law system in the Sedulur
Sikep traditional community, that the inheritance is divided into each asset that has been
divided into individual property rights, and each individual can receive it properly without
jealousy