THE EXISTENCE OF THE LAW OF THE TRADITIONAL INHERITANCE OF THE BONOKELING COMMUNITY IN THE MIDST OF LEGAL PLURALISM

Abstract

The distribution of inheritance in Indonesia still adheres to legal pluralism, namely law for Europeans, law for foreign easterners, and law for Bumiputras. This is implemented in the distribution of inheritance under the Civil Code, Islamic Law, and Customary Law. One of the regions in Indonesia that continues to enforce its customary law is the Bonokeling indigenous community, located in the south of Central Java Province, specifically in Pekuncen Village, Jatilawang District, Banyumas Regency. This research is an empirical juridical study employing a structural, cultural, and pluralist approach. The study was carried out in Pekuncen Village, Jatilawang District, Banyumas Regency. Primary data were obtained through in-depth interviews with Bonokeling traditional leaders, heirs, and indigenous peoples; Focus Group Discussions (FGDs) with community leaders, village officials, and customary law academics; and field observations of inheritance distribution practices in the Bonokeling customary environment. Meanwhile, secondary data was obtained through a literature review of laws and regulations, books and scientific articles. The data are then presented as a narrative description. The results of the study show that.  The results of the study show that harmony in the Bonokeling inheritance system is not based on written rules but on the internalisation of Pitutur Khaki (ancestral teachings), understood as Ilmu Laduni (spiritual knowledge). The core value of manut (communal obedience) is the foundation that puts harmony above individual interests. Consensus deliberation is central to the inheritance system among the Bonokeling Indigenous People, which is based on kinship rather than a formal legal hierarchy. The division of inheritance is carried out collectively by the family or the oldest surviving person, with priority given to balance and justice. This research demonstrates how indigenous communities can maintain and adapt their legal practices amid legal pluralism in Indonesia. These findings confirm that the legitimacy of customary law comes from social consensus, which is effective in maintaining social harmony and cohesion within the community.