International Journal of Law and Society
Vol. 3 No. 4 (2026): October: International Journal of Law and Society

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 (Universitas Syiah Kuala)
Yusri Yusri (Universitas Syiah Kuala)
Ida Keumala Jeumpa (Universitas Syiah Kuala)



Article Info

Publish Date
05 Oct 2026

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.

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Journal Info

Abbrev

IJLS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

of law and social politics, both theoretical and empirical. The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social ...