Juridical Review of Oral Land Sale and Purchase Agreements in the Community According to Customary Law in Central Kalimantan

This research examines the juridical review of the practice of oral land sale and purchase agreements in indigenous communities in Central Kalimantan. Indigenous people still maintain oral-based sale and purchase mechanisms that are considered valid according to local customary law, as long as they are witnessed by traditional leaders and fulfill elements of trust and mutual agreement. Although recognized by custom, this kind of agreement has the potential to cause agrarian conflicts because it does not have sufficient evidentiary power before national law. This research uses a normative juridical approach, by reviewing legislation and interviews with indigenous community leaders. The results show that customary law and national law have common ground in the recognition of land rights, but there needs to be synchronization so that indigenous peoples do not lose their rights due to the lack of written evidence. This research emphasizes the importance of legal protection of local practices through formal recognition and recording mechanisms in accordance with local customary values

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Publication Details

Journal
Journal of Law Politic and Humanities
Published
2025-07-30
DOI
https://doi.org/10.38035/jlph.v5i5.2033
Primary Topic
Legal Studies and Policies
Type
article
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article

Juridical Review of Oral Land Sale and Purchase Agreements in the Community According to Customary Law in Central Kalimantan

Cahaya Rusellia Amini, Ariani Yestati, AIvans Januardy
Journal of Law Politic and Humanities
Legal Studies and Policies
article

Juridical Review of Oral Land Sale and Purchase Agreements in the Community According to Customary Law in Central Kalimantan

Cahaya Rusellia Amini, Ariani Yestati, AIvans Januardy
article en

Abstract

This research examines the juridical review of the practice of oral land sale and purchase agreements in indigenous communities in Central Kalimantan. Indigenous people still maintain oral-based sale and purchase mechanisms that are considered valid according to local customary law, as long as they are witnessed by traditional leaders and fulfill elements of trust and mutual agreement. Although recognized by custom, this kind of agreement has the potential to cause agrarian conflicts because it does not have sufficient evidentiary power before national law. This research uses a normative juridical approach, by reviewing legislation and interviews with indigenous community leaders. The results show that customary law and national law have common ground in the recognition of land rights, but there needs to be synchronization so that indigenous peoples do not lose their rights due to the lack of written evidence. This research emphasizes the importance of legal protection of local practices through formal recognition and recording mechanisms in accordance with local customary values

Journal of Law Politic and HumanitiesVol. 5(5)
University of Palangka Raya (ID)
Openalex Percentile: Top 70%
Legal Studies and Policies
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