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All Journal International Journal of Law and Society
Dita Nabila Jania Liswan liswan
Universitas Syiah Kuala
Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection for Good Faith Buyers in the Sale and Purchase of Customary (Adat) Land Rights Still Under Pledge (Gadai) Status in Gayo Lues Regency Dita Nabila Jania Liswan liswan; Yusri Yusri; Ida Keumala Jeumpa
International Journal of Law and Society Vol. 3 No. 4 (2026): October: International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v3i4.1053

Abstract

Customary (adat) land transactions in Gayo Lues Regency remain influenced by trust, kinship, mutual agreement, and community openness. Sales are commonly conducted informally, witnessed by the village head (Penghulu) and community members, without a Deed of Sale and Purchase (AJB) prepared by a Land Deed Official (PPAT) or registration at the Land Office. Problems arise when land remains under pledge and is transferred to a third party without the pledgee’s knowledge, while the buyer believes it is free from legal problems. This study examines the protection and legal standing of good faith buyers under customary and positive law. It employs an empirical juridical method with a sociological approach. Primary data were obtained through interviews with respondents and informants, while secondary data came from a literature review of primary, secondary, and tertiary legal materials. Findings indicate that legal protection takes repressive and preventive forms. Repressive protection involves dispute resolution through deliberation and compensation, followed by litigation if agreement cannot be reached. Preventive protection includes examining the land’s history, settling the pledge, executing an AJB through a PPAT, and registering the right.
Co-Authors Ida Keumala Jeumpa Yusri Yusri