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A new legal study by Haeratun and Sri Hariati from the Faculty of Law, Social and Political Sciences (FHISIP), Universitas Mataram (UNRAM) argues that Indonesia's national legal system can become more inclusive by harmonizing customary law with state law in resolving inheritance disputes. Published in June 2026 in the Jurnal Multidisiplin Madani (MUDIMA), the research highlights how the Sasak community in Lombok has developed collaborative dispute-resolution practices that preserve local traditions while maintaining legal certainty. The findings offer practical insights for policymakers seeking to strengthen Indonesia's pluralistic legal system without sacrificing justice or cultural identity.
Indonesia is one of the world's most legally diverse countries. Alongside national legislation, many communities continue to rely on customary law and religious law to regulate social life. This legal pluralism is especially visible in inheritance disputes, where different legal traditions may prescribe different rules regarding heirs, property distribution, and dispute resolution.
In Lombok, where the Sasak people continue to maintain strong customary traditions, inheritance is viewed not only as the transfer of wealth but also as the preservation of family responsibility, social harmony, and cultural identity. As society changes through modernization, education, and increasing awareness of equality, disputes over inheritance have become more common, creating a need for legal approaches that balance tradition with national legal standards.
To examine this issue, Haeratun and Sri Hariati conducted an empirical socio-legal study using a qualitative approach. Rather than relying solely on legal texts, the researchers combined statutory analysis with field research, including interviews with customary leaders, religious leaders, village officials, judges, and individuals involved in inheritance disputes. They also reviewed legislation, academic literature, court decisions, and documentation of customary dispute settlements to understand how different legal systems interact in practice.
The study found that inheritance disputes in Lombok are rarely viewed as purely legal disagreements. Instead, they are closely connected to family relationships, community cohesion, and cultural values. As a result, customary institutions continue to play a significant role in resolving conflicts before cases reach formal courts.
According to the research, several major challenges complicate the harmonization of customary law and state law.
These include:
- Different principles governing inheritance rights under customary, Islamic, and state law.
- Limited formal recognition of customary dispute-resolution institutions.
- Social changes that reduce younger generations' reliance on customary mechanisms.
- The existence of overlapping legal systems that encourage parties to pursue whichever legal forum appears most favorable.
- Differences between customary settlements and court decisions, creating uncertainty and prolonging family conflicts.
One important issue identified by the researchers is the practice commonly described as forum shopping, where disputing parties choose between customary institutions and formal courts depending on which system is expected to produce a more favorable outcome. While legal pluralism provides options, it can also create inconsistent decisions when customary settlements are later challenged through formal judicial proceedings.
To address these challenges, the researchers propose an integrative and collaborative harmonization model rather than replacing customary law with state law. Under this approach, customary dispute-resolution mechanisms remain the first avenue for resolving inheritance conflicts through family deliberation and mediation led by customary and religious leaders. When agreement cannot be reached, state legal institutions provide formal legal certainty within the national legal framework.
The proposed model also recommends conditional recognition of customary law. In this framework, customary decisions are respected as long as they remain consistent with constitutional principles, justice, legal certainty, and the protection of human rights. This approach allows local wisdom to coexist with national law without undermining either system.
The study further argues that harmonization should not be understood as making every legal rule identical. Instead, successful harmonization means creating effective cooperation between legal systems while respecting Indonesia's cultural diversity.
As Haeratun and Sri Hariati of Universitas Mataram explain, the most effective legal development is achieved when national law recognizes customary law as a living law that reflects the values, traditions, and social realities of local communities. In this perspective, legal certainty and local wisdom are complementary rather than contradictory.
The researchers believe this harmonization model offers several practical benefits beyond inheritance disputes in Lombok.
Among its potential impacts are:
- Improving public access to justice through both formal and informal dispute-resolution mechanisms.
- Increasing public trust in legal institutions by recognizing local cultural values.
- Supporting more responsive national legal reform that reflects Indonesia's social diversity.
- Strengthening legal protection for indigenous communities and their traditional rights.
- Encouraging restorative approaches that prioritize reconciliation and family harmony instead of prolonged litigation.
- Providing greater legal certainty while preserving Indonesia's rich cultural heritage.
The findings also have broader implications for national policymaking. As Indonesia continues developing its legal system, lawmakers increasingly face the challenge of accommodating diverse legal traditions without weakening constitutional principles. The Lombok model demonstrates that customary law can contribute constructively to legal reform when supported by clear institutional coordination, regulatory synchronization, and ongoing dialogue among government institutions, customary leaders, religious scholars, academics, and local communities.
The study concludes that Indonesia's future legal development should embrace an integrative-pluralistic model, positioning national law as the primary legal framework while continuing to recognize customary law and Islamic law as important sources of legal values. Such an approach, the researchers argue, can strengthen legal legitimacy, promote social justice, enhance national integration, and create a legal system that better reflects the character and diversity of Indonesian society.
Author Profile
Haeratun is a legal scholar affiliated with the Faculty of Law, Social and Political Sciences (FHISIP), Universitas Mataram (UNRAM). Her research focuses on customary law, legal harmonization, legal pluralism, inheritance law, and national legal development. She co-authored this study with Sri Hariati, who is also affiliated with FHISIP Universitas Mataram and specializes in Indonesian legal studies, socio-legal research, and legal policy development.
Source
Article Title: Harmonization Model of Customary Law and State Law in Settlement of Inheritance Disputes in Lombok and Its Implications for Legal Development
Authors: Haeratun and Sri Hariati
Affiliation: Faculty of Law, Social and Political Sciences (FHISIP), Universitas Mataram (UNRAM), Indonesia
Journal: Jurnal Multidisiplin Madani (MUDIMA)
Publication: Vol. 6, No. 6, June 2026
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