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Penyuluhan Hukum Berkas Digital Pembebasan Tanah Adat di Kabupaten Sarmi Andrian Sah; Suwito Suwito; Revie Kurnia Katjong; Jusmawati Jusmawati; Irsan Irsan; Wahyudi BR; Asmarani Ramli
Jurnal Pengabdian Literasi Digital Indonesia Vol. 2 No. 1 (2023): June
Publisher : Puslitbang Akademi Relawan TIK Indonesia (ARTIKA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57119/abdimas.v2i1.22

Abstract

In 1997 the government has regulated the policy of Granting Ownership Rights for Very Simple Houses and Simple Houses through KMNA/KBPN No. 9 of 1997 and KMNA/KBPN No. 6 of 1998 concerning the Granting of Property Rights for Residential Houses. The existence of this decision is very beneficial for landowners and residential houses in housing complexes built by developers and for Indonesian citizens who own land with Building Use Rights for residential homes to have the convenience of obtaining changes in land rights to ownership rights. To address that in laws and regulations, regulations regarding changes in the status of Building Use Rights to Property Rights, it is deemed necessary to provide counseling/lectures so that the community in Dok IX Jayapura Utara Province of Papua knows the process and obstacles encountered in changing the status of Building Use Rights become property. Counseling/lectures on the topic of changing the status of Building Use Rights to Property Rights involved lecturers at the Faculty of Law at Yapis University in Papua as a service team and involved Lecturers at the Faculty of Law at Yapis University in Papua. The community service activities carried out at IX Jayapura Utara, Papua Province, can be said to have been carried out well as expected.act.
Uang Panai And Its Legality: When Tradition Intersects With Civil Law Rizky Wisudawan Katjong; Revie Kurnia Katjong
Leges Privatae Vol. 2 No. 3 (2025): OCTOBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/n2tq2002

Abstract

This study examines the legal position of uang panai, a traditional form of payment in Bugis-Makassar marriage customs, within Indonesia’s civil law system. The practice, deeply rooted in local culture, symbolizes respect, social status, and familial honor. However, its contemporary implementation often intersects with the formal legal order, raising questions regarding its classification as a lawful civil contract, a conditional gift, or an adat-based moral obligation. Using a normative juridical approach, this article analyzes relevant provisions of the Indonesian Civil Code (KUHPerdata), the 1945 Constitution, and Law No. 48 of 2009 on Judicial Power, alongside empirical findings from legal and sociological studies. The results show that while uang panai fulfills the elements of a binding agreement under Article 1320 of the Civil Code, its absence of written documentation and inconsistent enforcement create legal uncertainty. The state’s constitutional recognition of customary law under Article 18B(2) of the Constitution remains largely declarative rather than substantive. Consequently, disputes involving uang panai are often settled through informal adat forums without enforceable legal authority. To harmonize tradition and modern law, this research recommends the formulation of local regulations (peraturan daerah) and the development of judicial precedents that establish fair, proportional, and gender-sensitive standards for customary contracts. Such legal integration would ensure that uang panai remains a respected cultural practice while achieving the legal certainty and justice mandated by Indonesia’s civil law framework.