The Validity of Testamentary Alterations Reducing Heirs’ Rights under Rejang Customary Law

A Study of Pagiak Hok Waris

Abstract

This study discusses the validity of modifications to the content of a will that reduce the rights of heirs according to Rejang customary law, particularly within the context of the principle "Pagiak Hok Waris." In Rejang society, a will is not only evaluated based on formal legal aspects but also on social acceptance and family consensus. The research method employed is a normative-empirical approach, combining literature review and interviews with customary leaders. The findings reveal that changes to the contents of a will that reduce heirs' rights may still be considered valid under Rejang customary law if agreed upon through family deliberation (musyawarah). The core principle of this customary law is to uphold harmony and social justice within the family. Therefore, a will that leads to conflict may be deemed invalid in the customary context, even if it is legally valid under written law. This study emphasizes the importance of deliberation and familial values in inheritance distribution according to Rejang customary law.