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Nuragifah Taheriah
Universitas Hasanuddin
Law, Crime, Criminology & Criminal Justice

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Pawn Agreements in the Perspective of Customary Law: Implementation of Customary Law Principles in Kajang Community Nuragifah Taheriah; Kahar Lahae; Muhammad Fitratallah Dahlan; Engki Fatiawan
Media Iuris Vol. 9 No. 3 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i3.84461

Abstract

Agreements have different characteristics between customary and civil law, based on the principles of kinship, balance, and communal justice. A form of agreement that remains practiced among indigenous community is land pawning, known as pasanra in Kajang community. Therefore, this study aimed to analyze pawn agreements from the perspective of customary law by focusing on the implementation of customary law principles, such as the principle of togetherness, trust, balance, and justice. A juridical-sociological method was adopted by combining normative studies of customary law and empirical practices in Kajang community. The results showed that pawn agreement in Kajang community was not just a contractual relationship, but a means of maintaining social solidarity and the sustainability of community life. Its enactment was based on consensus and customary recognition, where religio-magical values also influenced the legal process and consequences. These results confirmed that the principles of customary law remained relevant in treaty practice, as well as evidence of the flexibility and resilience in dealing with the development of national law.
Co-Authors Engki Fatiawan Kahar Lahae Muhammad Fitratallah Dahlan