Media Iuris
Vol. 9 No. 3 (2026): MEDIA IURIS

Pawn Agreements in the Perspective of Customary Law: Implementation of Customary Law Principles in Kajang Community

Nuragifah Taheriah (Universitas Hasanuddin)
Kahar Lahae (Hasanuddin University)
Muhammad Fitratallah Dahlan (Hasanuddin University)
Engki Fatiawan (Hasanuddin University)



Article Info

Publish Date
31 Oct 2026

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.

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Journal Info

Abbrev

MI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Media Iuris E-ISSN (2621-5225) is an open-access-peer-reviewed legal journal affiliated with the Faculty of Law of Airlangga University, which was published for the first time in 2018 in the online version. The purpose of this journal is as a forum for legal scholars, lawyers and practitioners to ...