Harmonization Model of Customary Law and State Law in Settlement of Inheritance Disputes in Lombok and Its Implications for Legal Development

Abstract

This study aims to analyze models for harmonizing customary law and state law in the resolution of inheritance disputes in Lombok, as well as their implications for national legal development. The Sasak community in Lombok still maintains various mechanisms for resolving inheritance disputes based on customary law—such as family deliberation (musyawarah keluarga), belembah, bebande, and assulhu—which coexist alongside state law and Islamic law. This situation reflects a legal pluralism that requires harmonization to ensure legal certainty, justice, and the public good. This study employs an empirical or non-doctrinal legal method (socio-legal research) using a normative-empirical legal approach. Legal data were collected through literature reviews, interviews, and documentation, which were subsequently analyzed qualitatively. The research findings indicate that the harmonization model developed in Lombok is integrative and collaborative, achieved through recognition of customary dispute resolution mechanisms that remain within the framework of national law. Harmonization is carried out through customary deliberations, mediation by customary and religious leaders, and the strengthening of the role of state institutions as a means of resolution when customary mechanisms fail to reach an agreement. This model is capable of preserving the values of local wisdom while ensuring the protection of the rights of the disputing parties. The implication of this harmonization for national legal development is to strengthen the recognition of the regarding customary law as a living law, promoting the development of laws that are responsive to the needs of the community, and supporting the realization of a national legal system that is just and based on legal pluralism