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Journal : Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

INTEGRASI HUKUM ADAT DAN HUKUM NASIONAL DALAM PENYELESAIAN SENGKETA TANAH WARISAN: STUDI KASUS TIGA MARGA DI KECAMATAN LEWA, KABUPATEN SUMBA TIMUR Maran, Mary Grace Megumi; Peter Lay, Benediktus; Reinaldo Yazakur, Patrick Aleksandro; Sogen, Castyelo Yohanes A; Pramana, Hanif Al Faiq
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.641

Abstract

The purpose of this study is to comprehensively describe and analyze the regulation of land ownership from both national law and customary law perspectives in the context of land inheritance in Lewa District, East Sumba Regency. The research method employed is a normative-empirical legal approach based on library studies. The normative approach involves the review of primary legal sources such as the Basic Agrarian Law and related regulations, while the empirical approach examines secondary data sourced from scientific literature, accredited national journals, customary law documents, mediation archives, and documented local news. Data collection was conducted indirectly through systematic documentation studies and literature reviews, without direct field observation. Data analysis was carried out qualitatively using a descriptive-analytical approach. The analysis process included data reduction by selecting relevant information regarding land ownership regulations according to national and customary law, presentation of data in a systematic thematic narrative, and in-depth analysis linking legal theory, customary norms, and conflict resolution practices as reflected in mediation documents and news sources. Conclusions were drawn based on a comprehensive interpretation of the analyzed data to address the research problems thoroughly. The results indicate that customary law still plays a significant role in resolving inheritance land disputes in East Sumba by emphasizing kinship values and consensus deliberation. However, national law is also important as a final recourse when customary resolution fails. The ideal integration is a synergy between customary and national law with official recognition of customary decisions and national legal protection, enabling land disputes to be resolved fairly and sustainably.
ANALISIS YURIDIS TERHADAP MASALAH PRAKTIK GADAI TANAH GERANG EKAN DI WILAYAH ADONARA, FLORES TIMUR Minami, Gabriela Putri Minami; Checilia, Ananda; Henukh Ledoh, Putri Marry Louisa; Laga, Filgentius Xander; Sugiyani Boleng, Yosephin; Ngganggu, Fredenrik Charmelo; Maran , Mary Grace Megumi; Peter Lay, Benediktus
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.645

Abstract

This study discusses the practice of land pawning (Gerang Ekan) in the Adonara community, East Flores, and analyzes it from the perspective of national law and customary law. Land pawning is a form of traditional financial transaction that is still practiced by many indigenous peoples as an alternative to meeting economic needs, especially for those who find it difficult to access formal financing. This study uses empirical research methods with historical, legislative, and legal sociology approaches. The results of the study show that the practice of land pawning in Adonara often takes place without a clear time limit and prioritizes the principle of kinship, in contrast to the provisions of Law Number 56 of 1960 and UUPA Number 5 of 1960 which limit the period of mortgage of agricultural land to a maximum of seven years. The legal problems that arise include injustice in the distribution of revenues, uncertainty of land rights, and potential extortion. Despite this, the local community views this practice as a form of solidarity and mutual help. This study recommends the need for harmonization between national law and customary law to provide legal certainty and fair protection for all parties involved in land pawn transactions in customary territories.