Juridical and Socio-Cultural Analysis of Inheritance Distribution Under the Customary Law System of the Dayak Community in Indramayu

This study aims to analyze the inheritance distribution system within the Dayak community in Indramayu using a juridical-socio-cultural approach. The research employs a qualitative-descriptive method, integrating the analysis of positive law and customary law with local socio-cultural values specific to the community’s unique context. Data were collected through field observations, document studies, and semi-structured interviews with customary leaders and members of the Dayak community. The data analysis technique is based on the interactive model of Miles and Huberman and utilizes a normative-juridical and cultural-interpretive approach to explore the ongoing dynamics. The findings reveal that the bilateral kinship structure and customary principles such as Sejarah Alam Ngaji Rasa (the natural history of internal reflection), Menyatu dengan Alam (oneness with nature), and Ngaula Ning Anak Rabi (dedication to one's offspring and their spouses) influence an egalitarian inheritance system, although variations exist among subgroups. However, within the framework of legal pluralism and distributive justice, the system still reflects disparities, particularly concerning the rights of women and adopted children in matters of inheritance. The study recommends reformulating customary law to be more responsive to contemporary social justice values and to ensure the principles of non-discrimination and equality in the inheritance distribution process.

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Publication Details

Journal
HIKMATUNA Journal for Integrative Islamic Studies
Published
2025-06-18
DOI
https://doi.org/10.28918/hikmatuna.v11i1.10963
Primary Topic
Legal Studies and Policies
Type
article
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article

Juridical and Socio-Cultural Analysis of Inheritance Distribution Under the Customary Law System of the Dayak Community in Indramayu

Achmad Otong Busthomi, Edy Setyawan, Khafid Abadi, Aan Jaelani et al.
HIKMATUNA Journal for Integrative Islamic Studies
Legal Studies and Policies
article

Juridical and Socio-Cultural Analysis of Inheritance Distribution Under the Customary Law System of the Dayak Community in Indramayu

Achmad Otong Busthomi, Edy Setyawan, Khafid Abadi, Aan Jaelani, Roqiyul Ma’arif Syam
article en

Abstract

This study aims to analyze the inheritance distribution system within the Dayak community in Indramayu using a juridical-socio-cultural approach. The research employs a qualitative-descriptive method, integrating the analysis of positive law and customary law with local socio-cultural values specific to the community’s unique context. Data were collected through field observations, document studies, and semi-structured interviews with customary leaders and members of the Dayak community. The data analysis technique is based on the interactive model of Miles and Huberman and utilizes a normative-juridical and cultural-interpretive approach to explore the ongoing dynamics. The findings reveal that the bilateral kinship structure and customary principles such as Sejarah Alam Ngaji Rasa (the natural history of internal reflection), Menyatu dengan Alam (oneness with nature), and Ngaula Ning Anak Rabi (dedication to one's offspring and their spouses) influence an egalitarian inheritance system, although variations exist among subgroups. However, within the framework of legal pluralism and distributive justice, the system still reflects disparities, particularly concerning the rights of women and adopted children in matters of inheritance. The study recommends reformulating customary law to be more responsive to contemporary social justice values and to ensure the principles of non-discrimination and equality in the inheritance distribution process.

HIKMATUNA Journal for Integrative Islamic StudiesVol. 11(1)
Openalex Percentile: Top 76%
Legal Studies and Policies
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