Settlement of Disputes over Inherited Land Rights in Tana Toraja, South Sulawesi

Abstract

Inheritance disputes in Indonesia, especially in Tana Toraja, South Sulawesi, reflect the complexity of customary law and legal certainty that often trigger family conflicts. In this context, the land of Tongkonan has unique customary and spiritual values, which makes it a source of disputes if not managed properly. This study aims to analyze the legal protection of inheritance rights to land and dispute resolution mechanisms in Tana Toraja with an empirical legal approach. The research method uses a combination of primary data through interviews and secondary data in the form of legal documents and academic literature. The results of the study show that family deliberations in Tongkonan traditional houses are an important element in dispute resolution, but often fail to provide legal certainty due to the lack of formal documentation. Formal legal procedures, such as land certification by the BPN, help provide legal certainty but still face administrative constraints and compliance with customary values. Integration between customary law and state law is necessary to prevent future conflicts. This research emphasizes the importance of deeds of inheritance distribution and land registration that support customary harmony and legal certainty.