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All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Maran , Mary Grace Megumi
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Law, Crime, Criminology & Criminal Justice

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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.
RELEVANSI TANAH ADAT DALAM UPACARA ADAT DHEKOLEGA DALAM HAL MENJAGA TATANAN HIDUP MASYARAKAT Soro, Elroswit E.Teresa Gae; Rodriguez P.M. Ropa, Alfonsus; Kause, Nina Sumirna; Djahamouw, Erick Edgar Davidson; Nikolaus , Ermes; Maran , Mary Grace Megumi; Lay, Benediktus Peter
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.v5i2.656

Abstract

Customary land has a very important meaning in the lives of indigenous peoples of Indonesia, including in the context of the Dheko Lega ceremony in Ngoranale Village, Bajawa District, Ngada Regency, East Nusa Tenggara. In the Bajawa indigenous people, land is not only understood as an economic asset, but also as a symbol of identity, ancestral heritage, spiritual connections, and sources of livelihood that are deeply rooted in social and cultural structures. The Dheko Lega ceremony is an important customary ritual carried out to transfer customary responsibilities and land management rights from the mother's family to the father's family, especially in situations where there are no daughters in the father's family. One of the important elements of this ceremony is the handover of land as a form of legitimacy for the status of customarily adopted children. If this ceremony is carried out without the handing over of the land, it will arise due to customary law, including the invalidity of the ceremony, the loss of inheritance rights and land rights, as well as the potential for social conflicts and customary sanctions. Therefore, customary land has a strategic position in maintaining the continuity of kinship, cultural preservation, and social order of the Bajawa indigenous people, so that respect for all customary elements in Dheko Lega is an absolute must
Co-Authors Checilia, Ananda Djahamouw, Erick Edgar Davidson Henukh Ledoh, Putri Marry Louisa Kause, Nina Sumirna Laga, Filgentius Xander Lay, Benediktus Peter Minami, Gabriela Putri Minami Ngganggu, Fredenrik Charmelo Nikolaus , Ermes Peter Lay, Benediktus Rodriguez P.M. Ropa, Alfonsus Soro, Elroswit E.Teresa Gae Sugiyani Boleng, Yosephin