The repository administrator has not yet configured an RDF license.
ANALISIS YURIDIS KEKUATAN HUKUM JUAL BELI TANAH MELALUI HUKUM ADAT DI MANOKWARI
Customary land sale and purchase in Manokwari is recognized under Article 18B paragraph (2) of the 1945 Constitution, Article 5 of the Basic Agrarian Law (UUPA), West Papua Special Regional Regulation No. 9/2019, and Ministerial Regulation ATR/BPN No. 14/2024. However, Article 37 paragraph (1) of Government Regulation No. 24/1997 mandates that the transfer of land rights through sale and purchase must be evidenced by a PPAT deed and registered at the National Land Agency (BPN). This provision raises legal issues because the practice of customary land sale and purchase in Manokwari is not conducted before a PPAT, but is based solely on a customary land release letter. This condition raises questions regarding legal certainty, legal protection, and legal utility, especially for buyers. Therefore, this research analyzes the legal force of customary land sale and purchase in Manokwari as well as the obstacles encountered. This research employs normative-empirical legal research with a descriptive-analytical nature and a qualitative approach. Primary data were obtained through in-depth interviews with key informants, namely the Head of the Control and Dispute Settlement Section of the Manokwari District Land Office, the Secretary of the Doberay Regional Customary Council III, and a lecturer at the Manokwari College of Law. Secondary data include relevant legislation and various legal literature. The theoretical framework used in this research consists of the theory of legal certainty, the theory of legal protection, and the theory of legal utility. The research findings indicate that the sale and purchase of land through customary law in Manokwari is governed by clear regulations. The customary land release letter satisfies the requirements of Article 37 paragraph (2) of Government Regulation No. 24 of 1997 as an instrument whose level of truthfulness is considered sufficient for registration with the National Land Agency (BPN); however, it does not provide clarity regarding the legal status of the land. Legal protection for buyers is achieved preventively through customary procedures, whereas repressive protection is limited to mediation by the Customary Council. The benefits include ease of access, low costs, and improved community welfare, yet such practices also cause disadvantages to buyers. The obstacles encountered include the uncertainty of land status due to oral and communal evidentiary systems, non-compliance with land registration requirements, and the absence of a customary court, which renders mediation results non-binding and lacking executory power.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS YURIDIS KEKUATAN HUKUM JUAL BELI TANAH MELALUI HUKUM ADAT DI MANOKWARI (Text)
ANALISIS YURIDIS KEKUATAN HUKUM JUAL BELI TANAH MELALUI HUKUM ADAT DI MANOKWARI (Other)
HTML Summary of #76983 ANALISIS YURIDIS KEKUATAN HUKUM JUAL BELI TANAH MELALUI HUKUM ADAT DI MANOKWARI