%A NIM.: 22103080043 Dyah Anggraeni Jasmin
%O Iswantoro, S.H., M.H.
%T ANALISIS YURIDIS KEKUATAN HUKUM JUAL BELI TANAH MELALUI HUKUM ADAT DI MANOKWARI
%X 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.
%K Jual Beli Tanah Adat, Manokwari, Kepastian Hukum, Perlindungan
Hukum
%D 2026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib76983