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The inheritance law itself is part of the civil law and the smallest part of the family law. The customary law inheritance system includes 3 (three) patterns, namely patrilineal, matrilineal, and parental. One of the tribes that still applies customary inheritance law is the Talang Mamak Tribe. This research explores the application of the inheritance of the Talang Mamak Tribe in the customary inheritance system in Indonesia and its legal consequences in terms of aspects of Indonesian civil law. This research is of a normative juridical type using a statutory debate approach and a concept approach. The secondary data used comes from literature studies with analytical descriptive analytical methods. The result of the research obtained by Penilis is that most of the Talang Mamak people are known to have converted to Islam. The traditional inheritance of the Talang Mamak Tribe basically uses a matrilineal system, where the heirs are daughters. The role of Ninik amak and the daughter here is to be the ruler or controller of the inheritance and the custodian of all the brothers of the wife including the sons. According to Article 105 and Article 109 of the Civil Code, this is inversely proportional to the position of women who are classified as legally incompetent. The inheritance system in the Talang Mamak Tribe should be given legal protection by the government specifically.     Keywords: , , ,

This journal writing was conducted to discuss the topic of Islamic Inheritance Law, especially in terms of transferring assets through a mandatory will. This study uses normative juridical and empirical juridical methods with data in the form of secondary data. This research has the result that KHI (Compilation of Islamic Law), as a rational formulation of Islamic Inheritance Law, has practically explained the rules of Obligatory wills. Obligatory wills in KHI are an alternative in giving inheritance to adopted children. Then in the development of inheritance law in court institutions, in this case the Supreme Court of the Republic of Indonesia, actually made the Obligatory will as a way to provide inheritance shares for heirs of different religions. The obligatory testament rules as an alternative to the transfer of rights to the wealth of non-Muslim heirs must still pay attention to the principles. The Supreme Court of the Republic of Indonesia has expanded Article 209 KHI by adding parties that can receive a mandatory will, including heirs who are prevented from inheriting because they are non-Muslims.

Customary law is one of the important sources of law in the development of national law which leads to statutory regulations. Bugis tribe is one of the four tribes in South Sulawesi. In the case of inheritance, Bugis tribe recognizes parental kinship system. One of the core elements of customary law for the development of national inheritance law is customary inheritance law. The research results show that the distribution of inheritance to the Bugis community is carried out in three ways:grants, testament or last testament and testament, and after the testator dies.  

The development of the era, which has experienced many changes from time to time, does not necessarily change the heritage that exists in the lives of people in Indonesia. The evolution of generation does not cause changes to the legacy system that exists in Indonesia. In the Civil Code, there are 3 principles that describe heirs who are entitled to and can obtain inheritance distribution according to the Civil Code inheritance system. The legacy of the heir can not only be in the form of valuable assets, but can also be tangible objects, intangible objects or just a testamentary message conveyed. In life in society, the division of inheritance creates conflict between families which causes the division of one family. In dealing with inheritance problems that will cause conflict between families, the government allows lawsuits related to this inheritance. The Civil Code regulates the principles governing heirs, namely the personal principle, the bilateral principle and the principle of equalization. In addition to regulating these 3 principles, the Civil Code also regulates the elements included in the law of inheritance, namely there are heirs, heirs and also inherited assets as assets that will be delegated by the heir to the heirs. Heirs are also classified into 4 groups, namely Group I, Group II, Group III, and group 4. In addition, the Civil Code also regulates the absolute share of assets in inheritance. This research will use a normative legal research method that uses literature review as an effort to find the required data. Reviewing legal documents that focus on Legislation.