Research by (Zulvyanita & Handoko, 2023) at Diponegoro University shows that the role of notaries is beginning to be needed in the distribution of customary heritage, especially for land. Conflicts often arise due to a lack of clarity in the division of land inheritance, which makes people need socialization from notaries to avoid disputes between heirs. Research on the dualism of the inheritance system in Mukomuko was conducted by (Dewi & Jaya, 2022), highlighting the dualism of the inheritance system between customary law and civil law. Societies use customary systems to divide inheritance, especially in patrilineal systems. However, sometimes, it is necessary to turn to civil law for specific situations or conflicts between heirs. In contrast, research by Sapikul Sagandhangan in Klaten focuses on implementing one specific customary system, namely a 2:1 portion for men and women. The system is implemented consistently without formal integration with civil or notary law.

Research by (Rondonuwu, 2019) shows that ethnically and culturally diverse Indonesian societies often use customary or civil law, depending on their social context and kinship. Rondonuwu emphasized that consultation with heirs and notaries is essential to ensure a fair division and maintain family harmony.

The main difference between the research in Klaten and the previous research above is the emphasis on the method of distributing inheritance in a traditional way that is specific to the Klaten community, where this method is applied consistently without notary formalities or other legal interventions in contrast to other studies that show efforts to integrate customary law with formal law.

Javanese customary heritage is part of customary law regulating the distribution of the deceased’s inheritance to his heirs. Customary inheritance law in Java has characteristics different from other inheritance laws, such as Islamic or Western inheritance laws. According to Soepomo (1980), Javanese customary law is greatly influenced by the Javanese people’s cultural values and traditions, which are intense with family values and cooperation. The definition of Javanese traditional heritage must be distinguished from Western, Islamic, and Indonesian heritage law because of the difference in substance, even though they are in the same field. Ter Haar (Narmawan & Horna, 2016) defines customary heritage as a collection of legal regulations governing the process of handing over inheritance and transferring material and immaterial wealth from one generation to the next. Soepomo added that inheritance customary law includes regulations regulating forwarding and transferring property, property, and intangible goods to descendants (Soepomo, 2003).

Customary inheritance law includes all customary rules and guidelines regarding the transfer and continuation of inheritance and its consequences, whether as long as the heir is alive or after death. In contrast to Western law, which recognizes the concept of “absolute part,” customary inheritance law does not recognize this concept because its purpose is to ensure that property is maintained and preserved in the hands of heirs. Customary inheritance law includes three main elements: the subject of inheritance law (heirs and heirs), the time and manner of inheritance transfer, and the object of inheritance law itself (Arif, 2022).

Using customary heritage is very important in distinguishing customary heritage from Western, Islamic, and Indonesian inheritance law. Customary heritage condition is due to the difference in the substance of the discussion related to the three terms, even though they are in the same field. Therefore, several opinions have been put forward to understand customary inheritance law more deeply. Some of them include (Soepomo, 2003):

Ter Haar, in his book “Beginselen en stelsel van het Adatrecht” which translates to “Principles and Structures of Customary Law,” defines customary heritage as a set of legal rules related to the essential and ongoing process of inheriting heritage as well as the transfer of material and immaterial wealth from one generation to the next (Ter Haar, 1939). Soepomo also stated that inheritance customary law includes regulations that regulate the process of handing over and transferring property, property, and intangible goods (immaterial geoderen) from one generation to their descendants (Soepomo, 1980).

Customary inheritance law includes all customary rules and guidelines governing the transfer and continuation of inheritance and all its consequences, whether done while the heir is alive or after death. In contrast to Western law, which recognizes the concept of “absolute part” (legitimate portie), customary inheritance law does not recognize this concept because, in customary inheritance law, the transfer or transfer of wealth from heirs to heirs aims to ensure that the property is maintained and preserved in the hands of heirs (Kahramandika et al., 2024).

Heirs in Javanese customs

The heir in the Javanese tradition is the individual from the next generation who has the closest relationship with the heir, usually the biological child. All children, both boys and girls, have the same right to their parent’s inheritance. However, some regions in Central Java have implemented a Sepikul Segendong system, where boys get twice as much as girls. This phenomenon shows the diversity of customs and traditions in Java’s heritage distribution (Lestari et al., 2023).

In a bilateral society, biological children, both boys and girls, have equal rights to their parents’ inheritance. The division of inheritance is based on each heir’s needs, suitability, and conditions, not the same amount. Biological children are considered the next generation of parents, so the inheritance is passed on to them as the successors of the family property. This principle aligns with the philosophy of marriage in Indonesia, which aims to pass on the offspring (Vela, 2015).

The inheritance system carried out during the heir’s life is often called “unilateral giving” or “Ngalor ngidul.” In contrast, the inheritance system after the heir dies is known as “customary giving” or “gawe-rancangan”. These two systems have differences in the arrangement and process of inheritance, so in-depth research is needed to understand the legal and customary aspects associated with each of these inheritance systems (Kahramandika et al., 2024).

The principle of inheritance in indigenous peoples depends on the kinship system used, such as the bilateral or patrilineal system. In Javanese indigenous people, family regeneration is essential, with family wealth being the material basis for the next generation’s lives. Therefore, children are considered the successors of the family property, and the distribution of inheritance is based on the needs and conditions of each heir. (Kahramandika et al., 2024).

The law of inheritance has two main properties, namely Regelend Recht or Aanvullend Recht (optional legal provision) that can be chosen, and Dwingen Recht (compelling legal provision) (Saint et al., 2024). Contrary to popular belief, the inheritance process is not limited to the time after a person dies. Succession and transfer of inheritance can occur at any time, even while the heir is still alive. In Javanese customary law, inheritance can occur during the heir’s lifetime. This phenomenon shows that Javanese customary inheritance law has high flexibility but is still binding (Kahramandika et al., 2024).

Umransyah Alie also clarified that in Javanese customary inheritance law, the distribution of inheritance to heirs can be done while the heirs are still alive, in contrast to Islamic inheritance law, which stipulates that the distribution of property is when the heirs die. There are no definite provisions for the Javanese indigenous peoples regarding when the distribution of inheritance should be carried out. The division can be made after the heir’s death after deducting funeral expenses, debts, and survival expenses for up to a thousand days after the heir’s death (Alie, 2016). In some areas, the division of inheritance can be determined based on how long the heir has died. For example, in some areas such as Bandung, Ciamis, Cikoneng, Kawali, Banjar, Indramayu, Kerawang, and Pandeglang Regencies, the distribution of inheritance is usually carried out on the 40th or 100th day after the death of the heir. Generally, the distribution of inheritances is done after the thousand-day rescue ceremony (Astutik, 2019).

An heir is an individual who is entitled to receive an inheritance from someone who has passed away, depending on the family relationship or marriage with the heir. A biological child is considered the primary heir in customary inheritance law. However, if there are no biological children, the inheritance can be passed on to other heirs such as parents, siblings, spouses, adopted children, or stepchildren, considering family priorities and considerations. In Javanese society, there is a concept of a substitute heir who will replace the primary heir if he dies before the distribution of inheritance. This concept is common in almost all regions in Java and is usually associated with heirs who die before heirs (Lestari et al., 2023).

There is no way to divide in customary inheritance law using mathematical calculations. Each legacy system has a different way of distribution. In Javanese indigenous peoples, the principles of individuality and balance are the basis for the distribution of inheritance. Boys and girls get equal rights and equal shares. However, the division of inheritance is not always the same among heirs. Some divide the inheritance with a handful of sepikul, which is the boy’s share twice the girl’s part, or by way of dum-dum kupat, which is the boy’s share is equal to the girl’s share (Hamzan Aryaputra & Aliffio Yudhistira, 2023). Sometimes, the heir gives more share to the youngest child or the child who takes care of the heir in his old age. This example is a consideration for the heirs giving a share of the inheritance.

Javanese traditional heritage has a strong foundation in principles that uphold the family’s values of togetherness and social balance. These principles serve as guidelines in the distribution of inheritance and as a binding reference to cultural values passed down from generation to generation. This tradition emphasizes the importance of maintaining harmony in the family and fairness in every decision related to inheritance so that every family member feels valued and accommodated (Wantaka et al., 2019).

One of the main principles in Javanese traditional heritage is the principle of family togetherness, where the distribution of inheritance must consider the welfare and togetherness of all family members (Koentjaraningrat, 2004). Javanese traditional heritage means that the distribution of inheritance is not carried out only based on economic value but also by considering its impact on relationships between family members. This tradition emphasizes that the family is a harmonious unit, so any decision must maintain that harmony (Maharani & Latuny, 2022).

The principle of social justice is also one of the cornerstones of Javanese traditional heritage, where the distribution of inheritance must reflect balance and justice in the family (Sutiyoso, 1991). In this case, justice does not necessarily mean an equal share, but rather that each person receives a share according to their needs and role in the family. This approach allows for a more profound sense of justice, where each member feels treated fairly and with dignity.

In addition, the family principle in Javanese traditional heritage emphasizes the importance of deliberation and consensus in decision-making. According to Geertz, decisions regarding the distribution of inheritance are usually reached through deliberations of the extended family so that all parties feel heard and involved (Geertz, 1961). This process symbolizes the value of cooperation and togetherness in Javanese culture, prioritizing solving problems together and by consensus (Lestari et al., 2023).

In Jatinom, Klaten, some local community members implement these principles in heritage practices. As part of the Javanese society, the Jatinom people still maintain traditional values in the implementation of heritage by adjusting to the existing social and economic dynamics. Based on research by (Pranata, 2015), the distribution of inheritance in Jatinom involves traditional leaders and village heads as mediators so that this process can run fairly and be accepted by all parties. The presence of these figures as mediators shows respect for tradition and awareness of the importance of maintaining harmony in society.

The distribution of Javanese traditional heritage is influenced by various factors rooted in the local community’s social and cultural system. One of the main factors is the kinship system, where the parental family or the bilateral system is the basis for the division of inheritance. This Javanese traditional heritage means that both boys and girls have the same rights to family inheritance, which illustrates the value of justice in Javanese society. This system differs from the more patriarchal view in other cultures, where boys often receive a larger share (Lestari et al., 2023).

In addition, dividing the inheritance involves an agreement between heirs. This agreement serves as a means to arrange a fair division and avoid conflicts within the extended family. This agreement can affect the size of the share received by each heir, depending on the consensus reached through deliberation. The principle of justice in this division is fundamental to creating balance in the family, especially in providing equal rights between boys and girls, per Javanese society’s local values (Ramadhan & Firmansyah, 2023).

Education is also a factor that affects the distribution of heritage in Javanese society. The higher a person’s level of education, the greater their awareness of the importance of fair distribution under customary law principles. According to research by Sinta et al. (2023), more educated societies tend to apply fair and wise division rules, thereby reducing the potential for conflict in the family. That way, education helps preserve the values of justice in the distribution of Javanese traditional heritage.

In addition, culture and tradition also play an essential role in influencing the way heritage is shared. Each region in Java has different customary rules regarding heritage distribution, depending on the prevailing cultural norms (Lestari et al., 2023). In Jatinom, for example, values such as cooperation, harmony, and mutual respect are the basis of the inheritance distribution process. This phenomenon reflects that Javanese people, in general, prioritize family harmony over just the material aspect in the distribution of property.

Family structure and economic conditions are also factors that are no less important in the implementation of the distribution of Javanese traditional heritage. Typically, older or respected family members have an important role to play in making decisions regarding inheritance, while economic conditions can affect the utilization of assets such as inherited farmland. In families with stable economic conditions, inherited assets may be more focused on the productive aspect, while in families with less stable economies, inherited assets may be divided to meet basic needs ((Furziah, 2023); (Maharani & Latuny, 2022)).

Although Javanese traditional heritage has different characteristics from modern inheritance law, this tradition remains relevant in the modern era. Javanese people seek to maintain traditional values as their cultural identity, even in the face of the challenges of ever-changing social values and the influence of more formal national laws. A study by (Wignyosoebroto, 2007) shows that despite changes in values, Javanese people tend to maintain customs as part of their identity.

The term “sapikul sagendhongan” literally refers to one pikul with one sling. However, the connotation is that men get twice as much inheritance (sapikul) as women, who only get half (sagendhongan). It was like a man carrying two baskets on his lap while a woman only carried one basket on her back. In other words, boys receive twice as much of the inheritance as girls, as is the case in Islamic inheritance law, which establishes a ratio of 2:1 between men and women (Pinggala & Afrianda, 2023).

As explained earlier, in Javanese society, all children, both boys and girls, have the same rights to their parents’ inheritance. Equal rights mean that every child has the right to be treated fairly, including the right to receive a share of their parent’s inheritance. However, in the division of inheritance, it does not matter if the boy receives a larger share than the girl as long as it is based on the principle of propriety. This principle aims to maintain harmony and harmony between family members and prevent disputes that may arise due to the distribution of inheritance. This principle is still firmly held by the Javanese people (Lestari et al., 2023).

In Javanese society, the difference between men and women is increasingly obvious when dividing inheritance by the sapikul sagendhongan method, where men get sapikul and women get sagendhongan. From this inheritance distribution system, it can be concluded that Javanese people who apply it tend to think that men are prioritized over women. Men are considered superior, strong, and special compared to women. As a result, men have greater responsibility for providing for their families, wives, and children and are considered the head of the family. In addition, men are also expected to adhere to the five A’s: angayani (providing birth and mind), angomahi (building a house as a place to live), angayomi (as a protector and guide of the family), angayemi (maintaining family peace), and angamatjani (being able to continue the offspring). These Javanese traditional values show that Javanese society still maintains a patriarchal mindset that reinforces rigid gender roles and stereotypes (Helmiadi, 2024).

Javanese customary law stipulates that inheritance is wealth that is transferred from one generation to the next to maintain the continuity of family wealth. According to Ter Haar, this rule covers all forms of wealth, both tangible, such as land and houses, as well as intangible, such as rights to certain land or family traditions (Ter Haar, 1939). (Hadikusumo, 1991) explained that the process of inheritance transfer in Javanese customary law often begins when the parents are still alive, with the main goal of maintaining and continuing the family’s wealth.(Sugangga, 1993) affirmed that there is no difference in rights between boys and girls in obtaining inheritance.

Three types of inheritance systems are known in Javanese society: individual, collective, and majority inheritance systems. In the individual system, each heir has the right to control and have an inheritance according to their respective shares. This system is very common in the old society in Java, where each heir acquires a specified share without having to share it with other family members (Hadikusumo, 1991). The system also has flexibility, which allows the Javanese people to adapt the inheritance distribution system to customary or Islamic law.

The source of customary law in Java comes from customs and rules formulated by kings and traditional leaders, such as the Ciwasana Law Book in East Java and Kutara Manawa in Bali. Van Vollen Hoven stated that the source of customary law reflects the cultural values of the community, where customary norms are formed from the original Indonesian culture that prioritizes a sense of justice. Djojodiguno (Sudaryanto, 2010) mentioned that this customary law includes “ugeran-ugeran” or normative rules that are attached to the principles of interpersonal relations in Javanese society.

Javanese customary heritage has three important elements: inheritance, heirs, and transfer of inheritance rights. The inheritance includes original goods or “gawan” that are inherited from generation to generation, such as heirlooms (keris, spears) or property obtained before marriage, as well as gono-gini goods, which are the joint property of husband and wife. Heirs include direct descendants such as children, parents, or grandparents from both parties (Hadikusumo, 1991)

Some common forms of inheritance transfer when the heir is still alive include continuation or twist (transfer of wealth as a child’s living capital), appointment or injunction (the right of the heir to continue managing the inheritance as long as the heir is alive), and a message or will that is only valid after the heir dies (Vela, 2015). This process allows parents to ensure their children have the basic assets to build their lives on without losing full ownership while alive.

(Koentjaraningrat, 1994) identified two main methods of inheritance distribution in Javanese society, namely Sapikul Sagandhangan (2:1), where men get a larger portion than women, and dum dum kupat or watermelon cigar, where men and women get equal shares. In the Sapikul Sagandhangan, men get a larger portion because they are considered to have greater responsibility in providing for the family. In contrast, the “dum dum kupat” gave an equal portion to each child as a form of justice and equality of children’s rights.

Based on interviews with four families in Jatinom District, it was found that they mostly applied the sapikul sagendhongan system as the results of the interview with Tyas Puji Lestari stated that the family inheritance is divided more among younger siblings due to educational needs. Meanwhile, another speaker, Dyah Eka Ratnasari, explained that men get a larger share even though they do not all strictly follow the rules of sapikul sagendhongan. In general, the people in Jatinom combine customary law with Islamic law, and the principle of sapikul sagendhongan used is largely in line with the Islamic principle of giving a greater share to men.

Through these results, it can be understood that the Javanese people, especially in Jatinom District, Klaten, maintain the principles of customary law by adapting in accordance with the developing social and religious values, demonstrating the flexibility of Javanese customary law in maintaining a balance between tradition and the practical needs of the family.

Recent research shows that there is a change in perception in Javanese society regarding the importance of equitable distribution of inheritance. A study noted that many families in Java are starting to consider a more equal division between boys and girls, especially in urban areas that are more exposed to the value of gender equality (Pranata, 2015). This phenomenon is in contrast to the findings of research results in the Jatinom District, which still adheres to the Sapikul Sagandhangan, where men get a larger portion than women. This condition showed that the influence of patriarchal culture is still strong in certain areas, although in other regions, especially more modern ones, there is a shift in values.

The results of the study show that the people in Jatinom still maintain customary law in the distribution of inheritance but also integrate Islamic legal values. This finding is in line with the findings of the latest research, which states that Javanese people today tend to be more flexible in implementing inheritance rules by paying attention to religious values (Fikri & Wahidin, 2016). The study found that most Muslim families began to adapt the distribution of inheritance to Islamic legal principles without eliminating customary elements. This integration creates a heritage legal system that is more adaptive and reflective of existing social and cultural needs.

In the latest research by (Rahmawati, 2023), It was found that elements of Javanese customary heritage, such as Gono-Gini (common property), are still recognized and applied. However, now it has changed its use. Rahmawati pointed out that in most cases, the property Gono-Gini is not only considered a joint right of husband and wife, but it also involves the agreement of the children in its use, especially if the inheritance is in the form of a family business. This finding shows a shift in the mindset of modern Javanese society that considers collective decisions more. Research in Jatinom still shows the application of Gono-Gini, which is limited to the joint property of husband and wife without the involvement of other heirs. This phenomenon reflects the consistency of the application of customary rules in the traditional context.

A study by (Lestari et al., 2023) found that more Javanese families began to draw up inheritance transfer agreements while the parents were still alive to avoid conflicts between heirs. This process is also known as Twist or Acungan, but more formal because it involves written evidence and witnesses, which are sometimes not found in traditional practice. Meanwhile, the results of research in Jatinom show that the heritage distribution process is still done orally and based on family agreement. This practice may be less effective in the event of conflict later on. With this change, more modern Javanese families tend to use written evidence to ensure a clear division and minimize potential disputes.

Previous studies have shown that division by the watermelon cigar (equal portions for men and women) began to be widely accepted by urban communities in Java, especially by families who have a view of gender equality (Huda & Zubaidi, 2020). On the other hand, research in Jatinom shows the dominance of the method Sapikul Sagandhangan, where males get a larger share. These differences may be due to social contexts and educational and economic influences. In rural areas such as Jatinom, people tend to maintain strong patriarchal values. This latest research shows that there is a tendency in some Javanese people to prioritize equality in the distribution of inheritance, reflecting more modern social changes.

Implementation of the Heritage System in the Community of Jatinom District

In the context of customary law implementation, previous studies have observed that younger communities tend to be more open to changes in more equal inheritance practices, as opposed to previous generations who still hold fast to customary principles (Aditya, 2019). The findings in the Jatinom District reflect the sustainability of the traditional system, where most respondents still adopt the rules of Sapikul Sagandhangan. This finding shows that although customary law values are still alive, the application of the inheritance system still varies between the younger generation and the older generation.