Legal Issues When Buying and Selling Customary Land in Papua

This study examines the legal issues surrounding the sale and purchase of customary land ( ulayat land ) in Yoka Village, Papua, through the mechanism of the customary release letter. The background of this research focuses on the conflict between customary law and national law in land transactions. Using a socio-legal approach and legal anthropology, this study analyzes the mechanisms of land sales in Yoka Village and the legal uncertainty caused by the incompatibility between customary practices and formal national law. The findings reveal that the lack of legal harmonization creates significant risks for both buyers and the indigenous community. The study concludes that formal recognition of the customary release letter and clear procedures for registering ulayat land are essential to protect the rights of all parties involved.

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Institutions

Publication Details

Journal
Theoretical and Applied Law
Published
2024-12-30
DOI
https://doi.org/10.22394/3034-2813-2024-4-8-17
Citations
1
Primary Topic
Land Rights and Reforms
Type
article
Field-Weighted Citation Impact
0.33
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article

Legal Issues When Buying and Selling Customary Land in Papua

Iwаn Permаdi, Herlindah Herlindah, Dinda Clara Kende
1 citations
Theoretical and Applied Law
Land Rights and Reforms
0.33
article

Legal Issues When Buying and Selling Customary Land in Papua

Iwаn Permаdi, Herlindah Herlindah, Dinda Clara Kende
article en
1 citations

Abstract

This study examines the legal issues surrounding the sale and purchase of customary land ( ulayat land ) in Yoka Village, Papua, through the mechanism of the customary release letter. The background of this research focuses on the conflict between customary law and national law in land transactions. Using a socio-legal approach and legal anthropology, this study analyzes the mechanisms of land sales in Yoka Village and the legal uncertainty caused by the incompatibility between customary practices and formal national law. The findings reveal that the lack of legal harmonization creates significant risks for both buyers and the indigenous community. The study concludes that formal recognition of the customary release letter and clear procedures for registering ulayat land are essential to protect the rights of all parties involved.

Theoretical and Applied Law(4)
University of Brawijaya (ID)
Openalex Percentile: Top 31%
Land Rights and Reforms
0.33
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