RESOLUTION OF TRADITIONAL LAND INHERITION DISPUTES IN

THE KARO TRADITIONAL COMMUNITY

Lecturer : Rahmi Murniwati, SH., MH.

Arranged by:
Laurince Monyxii AZ (2210112036)

FACULTY OF LAW

LEGAL STUDIES

ANDALAS UNIVERSITY

2023
 LIST OF CONTENTS

LIST OF CONTENTS.................................................................................................................................2
CHAPTER I................................................................................................................................................3
INTRODUCTION.......................................................................................................................................3
A. Background.....................................................................................................................................3
B. Formulation of the problem.............................................................................................................4
C. Objective.........................................................................................................................................5
CHAPTER II...............................................................................................................................................6
DISCUSSION.............................................................................................................................................6
A. Customary Inheritance Disputes......................................................................................................6
B. The Position of Customary Law in Indonesia..................................................................................8
C. Efforts to Settle Traditional Land Inheritance Disputes in the Karo Indigenous Community........10
CHAPTER III............................................................................................................................................20
CLOSING.................................................................................................................................................20
A. Conclusion.....................................................................................................................................20
B. Suggestion.....................................................................................................................................20
REFERENCES..........................................................................................................................................21

2
 CHAPTER I

INTRODUCTION

A. Background
The diversity of inheritance laws in Indonesia proves that up to now there is still
no consensus on inheritance laws. However, Islamic inheritance law and European Civil
Code inheritance law still apply within the framework of customary inheritance law.
This is a reference to the transitional provisions contained in Article 2 of the 1945
Constitution, which maintained laws in force during the Dutch period before new laws
were formed in accordance with that Constitution.

Customary Inheritance Law is one of the legal aspects within the scope of
Customary Law issues which includes norms that determine assets, both material and
immaterial, which from a particular person can be handed over to their descendants and
which also regulate the time, manner and process of their transfer from the property in
question. 1The form of material wealth can be in the form of land, jewelry, weapons, etc.,
while the form of immaterial wealth can be in the form of great names . In traditional
societies, which according to their kinship system consist of (1) societies with a
patrilineal kinship system, (2) societies with a matrilineal kinship system, (3) societies
with a parental kinship system, the process of transferring inheritance is different. As in
patrilineal societies, if a marriage breaks up because the husband dies, the wife is obliged
to continue to take care of all the marital assets left behind and the children. 2Meanwhile,
in parental societies, if a marriage breaks up due to the death of the husband or wife, the
surviving husband or wife continues their responsibilities as head of the household who
takes care of the marital assets and children by paying attention to the message
("amanah", "testament", Islam); "Weling", Javanese) from those who died during his
lifetime. 3Then, in matrilineal societies, it is known as cemento marriage (semenda),

1
Tolib Setiady, 2008, The Essence of Indonesian Customary Law (In Literature Review),
Alfabeta Publishers, Bandung, p. 281.
2
Hilman Hadikusuma, 1990, Customary Marriage Law , Citra Aditya Bakti, Bandung, p. 188.
3
Ibid, p. 188-189.
3
 which is a form of marriage which aims to maintain the lineage from the mother's side, if
a husband dies then the husband's livelihood assets will not be inherited by his own
children but by his siblings and siblings. descendants of siblings.4

According to Van Vollenhoven, the control and ownership of land by customary

law communities is called beschichtingsrecht. The customary law community in this case
acts as a custodian of order and security in the exercise of ulayat rights. Traditional
communities are granted rights to use traditional lands. Traditional communities may
grant rights to members of the traditional community or to communities outside their
traditional communities to use traditional lands at reasonable rates. condition that they
respect the regulations of customary leaders and the rights of the community on
traditional land. In other words, the rights of individuals on traditional land are limited by
the rights of the oulayat. If in the future the land is continuously exploited by the
association's citizens and then placed with a prohibition sign, then only the person who
explores and exploits the land will have the right to own the land. land. . When federal
citizens exploit land separated from the federation, land use rights are lost and returned
to federal control. According to Ter Haar, the relationship between personal interests and
federal interests is reciprocal and has the same strength.

In the event that the customary land has become the property of members of the
customary community, then if the community member dies leaving heirs, this property
right can be passed on to the heirs of the testator. In accordance with the title of the
research which focuses on resolving customary land inheritance disputes in the Karo
traditional community, this research is limited to customary land inheritance in the Karo
community which has a patrilineal kinship system (father's lineage).5

B. Formulation of the problem

1. What is meant by customary inheritance dispute?

Tolib Setiady, Op. cit, p. 289.

4

5
Maria Kaban, "Resolving Traditional Land Inheritance Disputes in the Karo Indigenous
Community," Mimbar Hukum - Faculty of Law, Gadjah Mada University 28, no. 3 (2016): 453,
https://doi.org/10.22146/jmh.16691.
4
 2. What is the position of customary law in Indonesia?
3. How are efforts to resolve customary land inheritance disputes among the Karo
indigenous community?

C. Objective
1. To find out what is meant by customary inheritance disputes.
2. To find out what the position of customary law is in Indonesia.
3. To find out how to resolve traditional land inheritance disputes among the Karo
indigenous people.

5
 CHAPTER II

DISCUSSION

A. Customary Inheritance Disputes

1. Definition of Dispute
According to the Indonesian General Dictionary, to argue is to quarrel; argument,
argument; debate; injuries and cases. At the same time, according to the future
commodity arbitration agency, a dispute is a conflict of interests, goals and/or
understanding between 2 (two) or more parties. A dispute becomes a legal matter if
the conflict results in a fight for rights, defense or opposition to violated rights, and/or
a claim for obligations or liabilities.
According to the Indonesian General Dictionary, to argue is to quarrel; argument,
argument; debate; injuries and cases. At the same time, according to the future
commodity arbitration agency, a dispute is a conflict of interests, goals and/or
understanding between 2 (two) or more parties. A dispute becomes a legal matter if
the conflict results in a fight for rights, defense or opposition to violated rights, and/or
a claim for obligations or liabilities.6
From the several definitions of dispute that have been described above, it can be
concluded that a dispute is a dispute that occurs between two or more parties which
accumulates until the parties who are not involved in the dispute are aware of the
existence of the dispute.
2. Definition of Customary Inheritance
Inheritance is the process of transferring assets from the testator to the heirs. In
customary law, the process of transferring assets can occur when the heir has died, or
before the heir dies, what is inherited is the heir's assets which can be tangible or
intangible. The transfer of assets that occurs after the testator dies is called a will,
while the transfer of assets before the testator dies is called a gift.

Nurnaningsih Amriani, 2011, Alternative Mediation for Civil Dispute Resolution in Court , Raja
6

Grafindo Press, Jakarta, p. 12.

6
 Soepomo formulated the customary law of inheritance to contain regulations
governing the process of passing on property and intangible goods (immaterial
goederen) from a generation of people (generatie) to their descendants. ( This process
started while the parents were still alive. The process did not become acute because
the parents died).7
Meanwhile, according to Bushar Muhammadd, inheritance law is a series of
regulations that regulate the transmission of inheritance or inheritance from one
generation to another , both regarding material and immaterial objects. That
inheritance law in question also covers issues, actions regarding the transfer of
property while a person is still alive. The institution used in this case is Grant.8
3. Definition of Customary Land
Land plays an important role in the customary law community. Land is where
people live, farm, where members of indigenous communities are buried, and land is
where supernatural beings and ancestral spirits live. In addition, land is permanent in
the sense that no matter what happens, the land remains the same. From a land law
perspective, land is a permanent asset that can be inherited by the land owner's heirs.
Based on the above explanations, we can conclude that between customary law
society and land there is a religious and magical attachment, causing land to have its
own field of regulation in the form of land rights according to customary law. This
magical-religious relationship results in the guild gaining control of the land in
question, using the land, harvesting fruit and/or living plants from the land, and also
hunting living animals. there. living. Lands controlled by customary law communities
are also known as customary lands/ulayat lands/lordship lands. This is a living land
environment under the management of the customary law community. These
traditional lands can take the form of ponds, rice fields, wastelands, forests, beaches,
etc.
In traditional societies, there are generally lands that are controlled by the
respective societies which are regulated according to their respective customary laws.
Regarding legal society, Soerjono Soekanto stated: "In Indonesian society there are
federations. There is a federation (in the past) where the citizens have close kinship
7
Tolib Setiady, Op. cit , p. 281.
8
Ibid., p. 282.
7
 ties and are based on the descent of one ancestor, there are also federations that are
not based on family ties, but based on the region or region they live in, and there are
federations that are based not only on kinship but also on the region or inhabited
territory. The federation, both the first and the second or the third, has organized
citizens, who are relatively permanent, who have their own government (head and
assistants), have their own material and immaterial property, this federation is in the
atmosphere of the people can be called a legal federation. Furthermore, in the
association there is an attachment to the land of the village, which is the area, binding
the groups that live there and that do not have family ties into a legal association of a
unity (genealogical)."9

B. The Position of Customary Law in Indonesia

As explained above, law and customary law have the same meaning , namely as a
series of norms that regulate behavior and actions in social life with the aim of creating
order in society. What makes it different is that customary law applies to Indonesians, it
is not written and is not made by the legislature.
Customary law is included in the second group. However, the problem is that
there is not a single article in the body of the 1945 Constitution which regulates the
position of unwritten law. In fact, many articles in the body of the 1945 Constitution
order the provisions of the articles to be further regulated by law (organic law). The order
to further regulate the provisions of the Articles in the 1945 Constitution into law means
that the Indonesian State prioritizes written law.
Recognition of unwritten law was previously only explained or included in the
General Explanation of the 1945 Constitution, chapter I, which states that the
Constitution is written basic law, while in addition to the Constitution, unwritten basic
law also applies, namely the basic rules that arise and are maintained. in the practice of
state administration even though it is not written down.
In Article 18B paragraph (2) of the Amendment to the 1945 Constitution, it is
stated that "The State recognizes and respects the unity of traditional communities and
their traditional rights as long as they are still alive and in accordance with the
9
Soerjono Soekanto, 1985, Reviewing Indonesian Customary Law , Rajawali, Jakarta, p. 67.
8
 development of society and the principles of the Unitary State of the Republic of
Indonesia , which are regulated in law". According to this article, recognized customary
law is customary law that is still clearly alive, clearly defined in terms of the material and
scope of the customary community.
The essence of Article 18b paragraph (2) is that the 1945 Constitution gives
priority to written law over unwritten law. This implies that recognizing customary law
existing in a society requires regulation through (written) legislation. To analyze the role
of customary law in the legal system, it's crucial to consider Sociological Jurisprudence,
as introduced by Eugen Ehrlich. Ehrlich's fundamental idea revolves around "living law,"
where effective positive law aligns with the dynamic values inherent in society.
Ehrlich emphasizes to legislators that, when creating laws, they must consider the
societal context. In Indonesia, especially in Aceh Province, customary law aligns with the
prevailing societal values. To ensure the effectiveness of customary law, representatives
in the legislative body involved in shaping laws and Qanuns in Aceh should actively
engage with and incorporate the legal awareness present in society. Formalizing
community legal awareness in both laws and Qanuns serves as a foundation for
upholding order and harmony in community life.
Furthermore, the role of judges as discoverers of law is also very important to pay
attention to the legal awareness that lives in society as a legal consideration in deciding a
dispute. Thus, jurisprudence is a source of legal recognition that lives in society and can
be used as a basis for resolving similar disputes .10

C. Efforts to Settle Traditional Land Inheritance Disputes in the Karo

Indigenous Community
The indigenous Karo community is a legal community with its own system of
customary law that is recognized and respected within the government system of the
Republic of Indonesia. When it comes to Karo customary law, this is due to the very
close relationship between the traditional Karo people and their land. The relationship
between the land and the traditional Karo community is so close that the land of the Karo
10
Editor, "The Position of Customary Law in the Indonesian Legal System," Metrojambi.Com ,
no. 50 (2019): 1–13, https://www.metrojambi.com/kolom/13528319/Kedunian-Hukum-Adat-
dalam-sistem-Hukum-Indonesia.
9
 tribe is subject to customary land law regulations and is one of the heritage objects of the
traditional Karo community.
In the traditional Karo community, land is classified into four categories. First,
there is "Taneh Kuta" (village land), which belongs to a specific village and includes
vacant land, cemeteries, and open spaces. Second is "Taneh kesain" (neighborhood land),
referring to the village area, such as "Taneh Rumah Berneh" indicating land belonging to
Kesain Rumah Berneh. The third category is "Taneh nini" (grandfather's land),
representing land initially cultivated by the father, grandfather, or ancestors within the
patrilineal lineage. Such lands are considered sacred and are inherited within the family.
Lastly, there's "Taneh Kalimbubu" (land of Kalimbubu), denoting lands given to Beru's
children by Kalimbubu, with Kalimbubu participating in all decisions related to these
lands.
The inheritance system in the traditional Karo community is based on the father's
lineage (patriachaat). The Karo community, which derives its lineage from paternity, has
the following characteristics: (1) The marriage system in Karo is exogamous, with
marriages between different clans or outside clans . The reason can be explained
experimentally because a family is considered a clan or clan, so marriage within the same
clan is not allowed. From another perspective, the marriage system leads to a married
woman joining her husband's family and separating from her original family. So, strictly
speaking, marriage is the separation of a woman from her father's family/clan and
joining her husband's family/clan. And the person who is free is essentially the woman
and her rights and obligations to her own clan/clan. (2) Family Law Alliance. Almost all
Karo clans have a legal association headed by the “taneh nation”/“anak taneh” of that
clan, specifically the “simatek”/originally established “kuta”/village. 11
1. Dispute Resolution Through Runggun
Nowadays, traditional justice is gradually disappearing, runggun kuta/kesain,
runggun urung, runggun sibayak and runggun sibayak four are no longer used to
solve problems. The only type of runggun that is still used today is the family
runggun and in general this type of runggun is often used in nerehempo, funerals,
moving house, divorce, name change and also to solve problems . Runggun in Karo
Sarjani Tarigan, 2014, A Glimpse into the History of the Taneh Karo Simalem Government,
11

SiBNB Press, Medan, p. 137.

10
society has a broad meaning, not just used to solve problems, so defining runggun as
an institution to resolve disputes between indigenous Karo communities is unethical.
Runggun, both when used as a problem solving organization and in other uses, still
has the same structure, namely the existence of kalimbubu, anak beru and senina
expressed in the concept sangkep sitelu.
According to Runtung, Runggun possesses distinctive characteristics compared to
other community consensus forums. Firstly, it involves a comprehensive discussion
among the sangkep si telu – Senina, Anak Beru, and Kalimbubu. Every family group
must be represented for a runggun to commence. Secondly, only married individuals
are invited to express their opinions in the Runggun forum. The process of initiating a
runggun is generally uniform, starting with the parties' intention to bring the matter to
the runggun. This intention is then discussed with the nearest child of Beru to
determine the timing and location. The purpose and specific issues to be addressed
during the runggun are clarified during the discussion.
After the discussion with the Beru child ends, the Beru child will call the other
Beru children to announce the plan to hold the runggun and share the task of
preparing the necessary items to hold the runggun. Once the preparations are
complete, Anak Beru will invite Kalimbubu and Senina to retrieve the runggun.
Before Runggun begins, there is typically a meal. Following the meal, Kalimbubu
initiates the conversation by discreetly inquiring about the purpose of the invitation,
and the represented baboon, Cekoh Baka Baka, responds. Each of the key figures—
Kalimbubu, Anak Beru, and Senina—has their own spokesperson. Lion cubs often
lead the Runggun event.
Herman Slaats and Karen Portier outline the roles of Beru, Senina, and
Kalimbubu children in Runggun: (1) Senina explains the issue and evaluates
contributions. (2) New children groups are tasked with finding solutions. (3)
Kalimbubu approves contributions. Most problem-solving sessions occur in the
afternoon. Depending on the issue, Runggun is divided into two types: First, it
discusses non-controversial matters like organizing events, traditional weddings,
moving into a new house, naming newborns, deciding annual festival dates, and
village construction. Second, it addresses conflict resolution. Runggun discusses

11
 resolving conflicts that arise in society, whether they are family conflicts, conflicts
between villagers, conflicts between villagers and villagers. another village. 12
2. Dispute Resolution Through Begu Housing
Perumah Begu was a dispute resolution effort in which the begu would be
convened through certain rituals to resolve disputes that arose. In general, the spirits
of the deceased are considered wise, always maintaining a close relationship with the
conflicting parties so that they know the parties' positions on issues. Burumah begu
for the deceased is performed on the first night after burying the body. The mediator
between the souls of the dead and the conflicting parties is Guru Sibaso. Guru Sibaso
usually includes one or more women who have the ability to communicate with the
souls of those who have passed away.
In case Master Sibaso is invited home first, a Belo Penahanen will be prepared
including: (1) Belo Sempedi (a bunch of betel leaves); (2) Timbako sepangpang (a
roll of dried tobacco); (3) Gambir (gambir); (4) Pinang (areca nut); (5) Kapur (chalk)
The conflicting parties will gather in the house where the begu ceremony will be
performed, accompanied by sembuyak, anak beru senina and kalimbubu. In the begu
ceremony, art and dance play a role in inviting the spirit to come.
In the perumah begu ritual, the deceased's soul enters Guru Sibaso's body,
referred to as "selok" or possession among the Karo people. Acting as a spiritual
medium, Guru Sibaso becomes a shaman connecting souls and the living. During this
possessed state, Guru Sibaso serves as a mediator, allowing the soul to communicate
with conflicting parties and resolve disputes. Professor Sibaso takes on the roles of a
"master of ceremonies" and a "storyteller in a dramatic ceremony," narrating the life
story of the deceased.
In the indigenous community, Professor Sibaso functions as a consultant (bib
penungkunen), providing explanations for local residents facing problems, especially
conflicts. When conflicts arise among relatives, Guru Sibaso suggests holding a
dibata at home, followed by an initiation ceremony in the evening attended only by
involved relatives. After completing the begu house ceremony, Master Sibaso is
escorted back home.

12
Runtung, Op. cit., p. 184.
12
 The religio-magical nature of traditional Karo society is evident in the begu ritual,
and rituals related to Guru Sibaso, such as perumah begu, raleng tenti, and erpangir
ku lau, are commonly performed by the Karo community.
3. Dispute Resolution Through the District Court
The district court, as the official agency closest to the community within the
formal legal structure, holds the responsibility for upholding justice. The Kabanjahe
District Court, situated in this role, needs to be attuned to the changing values in Karo
society. The judiciary aims to provide egalitarian justice for all societal groups. The
Karo people often see the court as the ultimate authority for resolving disputes,
particularly those related to inheritance. Bringing inheritance issues to court is
considered a matter of shame by the Karo people. However, when the runggun is
deemed incapable of resolving the problem, issues and disputes are reluctantly taken
to court, where they entrust the resolution to a third party, despite concerns that this
party may not fully grasp the roots of their dispute.
The Judge's product from the results of reviewing the case at the trial has 3 (three)
forms, which are: a) Decision, statement of the Judge as an authority, announced at
the session court for the purpose of ending or resolving a dispute or dispute between
the parties. b) The decision or decision declared is a decision with a legitimate
regulatory and explanatory nature. (c) A deed of peace is a final and binding letter of
dispute resolution. Of the output of the three judges above, only a decision resulted
from an application. A decision is a judge's statement recorded in writing and
announced by the judge in a public hearing following consideration of a (voluntary)
application. Since the scope of the matter is limited to the dispute, the decision will
not be considered further.13
With the matter before the courts, neither Senina, Kalimbubu, Anak Beru nor the
traditional elders could intervene to resolve the matter. According to Perma No. 1 of
2008 as amended by Perma No. 1 of 2016, article 1, points (2) and (3), the persons
who can act as conciliators in resolving disputes before the court are the professional
judges and non-professional judges. -career judge. These lay judges must meet the
necessary conditions to obtain a mediator certificate issued by the Supreme Court.
Retnowulan Sutantio and Iskandar Oeripkartawinata, 2002, Civil Procedure Law in Theory and
13

Practice, Mandar Maju, Bandung, p. 10.

13
 Therefore, neither Senina, Kalimbubu, Anak Beru, nor the traditional elders could
intervene in solving the problem. However, with the introduction of mediation in
court, the possibility of reconciliation between conflicting parties is once again open,
even if the form of mediation offered by the court does not include runggun.
4. Dispute Resolution in Court in the Form of a Decision
In resolving customary land inheritance disputes in the Kabanjahe District Court,
the form of dispute resolution that is often encountered is a decision. According to
Sudikno Mertokusumo, a judge's decision is a statement that the judge, as an
authorized official, pronounces in court and aims to end or settle a case or dispute
between the parties In accordance with the provisions of Article 189 Rbg and Article
178 HIR, namely: (1) The judge during deliberations because of his position, must
provide sufficient legal reasons, which may not be stated by both parties, (2) He is
obliged to adjudicate all aspects lawsuit. (3) He is prohibited from passing decisions
on cases that are not contested, or passing more than what is contested.
Following the completion of the case examination, as outlined in Article 189 Rbg
and Article 178 HIR, the panel of judges engages in deliberations to reach a decision.
The examination process is considered finished after concluding the defendant's
response, compliant with Article 121 HIR and Article 113 Rv. This is followed by a
plaintiff's replica based on Article 115 Rv, alongside a copy from the defendant,
progressing through the evidentiary and conclusion stages. Once all these phases are
concluded, the Tribunal officially declares the examination closed, and the
subsequent step is to issue or pronounce the verdict
There are various types of judge's decisions in court, including: First. The final
decision is a decision that ends the examination at trial, whether it has gone through
all stages of examination or not/has not gone through all stages of examination. The
types of final decisions are as follows: (1) Declaratory decisions, decisions which
only explain and confirm a situation. law alone, for example explaining that A is the
heir of B and C. (2) Constitutive Decision, a decision which eliminates a legal
situation or creates a new legal situation, for example a decision declaring someone
bankrupt. (3) Condemnatoir Decision, a decision containing punishment, for example
the defendant is sentenced to surrender. a plot of land along with the building on it to

14
 pay the debt. Second, Interlocutory Decisions (Interlocutory Decisions) are decisions
handed down before. a final decision made with a purpose. to enable or facilitate the
continuation of the case examination. Interlocutory decisions are always subject to the
final decision because they do not stand alone and are ultimately considered in the
final decision, the judge is not bound by the interlocutory decision, even the judge
can. change it according to his beliefs, "Interlocutory decisions cannot be appealed
except together with the final decision. In procedural law, there are various types of
interlocutory decisions, namely (1) Preparatuir Decisions, preparatory decisions
regarding the course of the examination to expedite everything in order to make a
final decision, ( 2) Interlocutory Decision, a decision that orders proof, because this
decision concerns evidence, this decision will influence the final decision; (3)
Incidental Decision, a decision related to an incident, namely an event that stops
ordinary judicial procedures . (3) Provisional Decision, a decision that answers a
provisional demand, namely a request from the party in the case to take preliminary
action for the benefit of one of the parties before the final decision is handed down.
5. Dispute Resolution in Court in the Form of Mediation
The Kabanjahe District Court offers customary land inheritance mediation, which
is mediation with a mediator present during the process. Through the use of various
methods, strategies, and abilities, an impartial third party serves as a mediator for the
conflicting parties, assisting them in reaching a negotiating resolution. This process is
known as mediation.
There are two types of mediators in mediation at Kabajeh District Court, namely:
(1) Certified Judge Mediator, Judge Mediator is a judge at the court who is appointed
to be a mediator judge and a judge who has been. receive certified mediator training.
The number of mediator judges at Kabanjahe District Court is 3 (three) people . The
judge who is the mediator is not the judge handling the case being mediated, but other
judges at the Kabanjahe District Court. (2) Certified Non-Judge Mediator. A certified
non-judge mediator is a non-judge mediator who has received training. certified
mediator by an institution accredited by the Supreme Court of the Republic of
Indonesia.

15
 Mediation as a process in court binds the judge to oblige the parties to carry out
mediation within the specified time. Considering the importance of mediation in the
legal process, the absence of the defendant does not prevent mediation from being
carried out. The judge or attorney is obliged to encourage the parties to play a direct
or active role in the mediation process. The obligation to carry out mediation allows
judges to postpone the case trial process. In carrying out mediation, the parties are
free to choose a mediator provided by the court or a mediator outside the court. The
mediator does not only act as a facilitator but must play a direct and active role in
resolving the parties' disputes and finding various possibilities for resolving the
dispute.
Article 4 of PERMA No. 1 of 2008 specifies the parameters for handling objects.
With the exception of legal proceedings, mediation organizations handle all civil
issues that are brought before the court of first instance. laws pertaining to business
competitiveness, consumer protection, and labor conflicts. The peace decision holds
executory power as outlined in Article 1858 of the Civil Code and Article 130
HIR/154 RBg. Firstly, according to Article 1858(1) of the Civil Code, any peace
established between the parties carries legal force akin to a judge's final decision.
Secondly, as per Article 130(2) HIR, when such a peace is achieved, a deed is
executed during the hearing to formalize the agreement. The involved parties are then
obligated to fulfill the terms outlined in the agreement, treating it as a regular
decision. Lastly, Article 130(3) HIR stipulates that this decision is not open to
appeal.14
It is possible for the mediation process to take 40 (forty) days once the mediator is
selected. either the panel's chairman or the parties themselves, and the parties may
decide to extend it for a further 14 (fourteen) days. Throughout the mediation process,
the mediator has duties. Establish a mediation schedule, assist the parties in taking an
active role in the process, and convene a caucus as necessary. The purpose of this
caucus is to discuss confidential matters with the mediator in order for the mediator to

Nurnaningsih Amriani, 2011, Alternative Mediation for Civil Dispute Resolution in Court, Raja
14

Grafindo Press, Jakarta, p. 103

16
 understand the concerns and find a resolution to the conflict that is acceptable to all
parties.
In the mediation process, the mediator can involve one or more experts to provide
explanations or considerations that can help resolve the parties' differences of
opinion. Involvement of experts is based on the agreement of the parties and costs for
expert services are also borne by the parties based on their agreement. The legal
repercussions for failing to adhere to the mediation process are specified in Article 2,
paragraphs (3) and (4) of PERMA No. 1 of 2008, which state the following: Firstly,
neglecting mediation procedures, as per this regulation, constitutes a violation of
Article 130 HIR and/or Article 154 RBg, rendering the decision null and void.
Secondly, when the judge reviews a case decision, they are obligated to declare that
an attempt at peace was made through mediation in the respective case, specifying the
mediator's name.
If the parties fail to reach an agreement within 40 days of choosing a mediator, the
mediator is required to communicate in writing that the mediation process has failed
and promptly notify the judge of this failure. Upon receiving the notification, the
judge will proceed to examine the case following the provisions of the applicable
procedural law. In the event of unsuccessful mediation, as per Article 19, paragraph
(1) of PERMA No. 1 of 2008, all statements and confessions made by the parties
during the mediation process cannot be used as evidence in the trial process for the
specific case or any other cases. This aims to ensure that the mediation process is not
misused by parties with bad intentions to trap opponents by pretending to want to
make peace, even though they have bad intentions, so that this mediation process can
be used to protect parties with bad intentions.15

CHAPTER III

CLOSING

15
Nurmaningsih Amriani, Op. cit. , p. 102.
17
A. Conclusion
A dispute arises when two or more parties are engaged in conflicts that become
apparent to those not initially involved. Inheritance, on the other hand, involves the
transfer of assets from a testator to heirs. Therefore, a customary inheritance dispute is a
conflict occurring between two or more parties during the wealth transfer process from
the deceased to the heirs.
Article 18B, paragraph (2) of the 1945 Constitution Amendment states, "The State
recognizes and respects the unity of traditional communities and their traditional rights as
long as they are still alive and in accordance with the development of society and the
principles of the Unitary State of the Republic of Indonesia, which are regulated in law."
This article suggests that recognized customary law is one that is still clearly active and
defined in terms of material and scope within the customary community. Article 18b,
paragraph (2) indicates a preference for written law over unwritten law in the 1945
Constitution. This emphasizes that the acknowledgment of existing customary law in a
society must be done through regulation in written legislation.
Based on the explanation given above, it is known that there are 3 ways taken by
the Karo traditional community in resolving inheritance disputes over their customary
land, including: (1) Settlement of disputes through runggun; (2) Dispute resolution
through Perumah Begu; (3) Dispute resolution through the District Court.

B. Suggestion
Inheritance disputes that occur are still in the domain of indigenous communities,
so they can be resolved using two methods , namely by using customary law that applies
in indigenous communities and existing national law. So that in resolving customary land
inheritance disputes there is no conflict and the results of the resolution can be agreed
upon by the parties to the dispute.

REFERENCES

18
Djamanat Samosir, 2013, Existence of Indonesian Customary Law in the Dynamics of Legal
Development in Indonesia , Nuansa Aulia, Bandung.

Herman Slaats and Karen Portier, 1992, Traditional Decision-Making and Law . Gadjah Mada
University Press, Yogyakarta

Hilman Hadikusuma, 1990, Customary Marriage Law , Citra Aditya Bakti, Bandung

Nurnaningsih Amriani, 2011, Alternative Mediation for Civil Dispute Resolution in Court , Raja
Grafindo Press, Jakarta

Retnowulan Sutantio and Iskandar Oeripkartawinata, 2002, Civil Procedure Law in Theory and
Practice, Mandar Maju, Bandung

Sudikno Mertokusumo, 1993, Indonesian Civil Procedure Law , Liberty, Yogyakarta

Tolib Setiady, 2008, The Essence of Indonesian Customary Law (In Literature Review), Alfabeta
Publishers, Bandung

WJS Poerwadarminta, 1999, General Indonesian Dictionary , Balai Pustaka, Jakarta

Editor, "The Position of Customary Law in the Indonesian Legal System," Metrojambi.Com , no.
50 (2019): 1–13, https://www.metrojambi.com/kolom/13528319/Kedunian-Hukum-Adat-
dalam-sistem-Hukum-Indonesia.

Maria Kaban, "Resolving Traditional Land Inheritance Disputes in the Karo Indigenous
Community," Mimbar Hukum - Faculty of Law, Gadjah Mada University 28, no. 3
(2016): 453, https://doi.org/10.22146/jmh.16691.

Runtung, 2002, Success and Failure of Alternative Dispute Resolution : Study of Batak Karo
Urban Communities in Kabanjahe and Brastagi, Dissertation, Postgraduate Program,
University of North Sumatra, Medan

Sarjani Tarigan, 2014, A Glimpse into the History of the Taneh Karo Simalem Government,
SiBNB Press, Medan

Sri Alem Sembiring, "Guru Si Baso in Karo People's Rituals: The Survival of the Traditional
Side from the Current of Modernization" , Ethnovisi Journal, Vol. 1, No. 3, December
2005

19
20