Legal Issues When Buying and Selling Customary Land in Papua

Правовые проблемы при купле-продаже традиционных земель в Папуа

Kende D. C. (), Permadi I. () and Herlindah ()
Additional contact information
Kende D. C.: Brawijaya University (Malang, Indonesia)
Permadi I.: Brawijaya University (Malang, Indonesia)
Herlindah: Brawijaya University (Malang, Indonesia)

Theoretical and applied law, 2024, issue 4, 8-17

Abstract: This study examines the legal issues surrounding the sale and purchase of customary land (ulayat land) in Yoka Village, Papua, through the mechanism of the customary release letter. The background of this research focuses on the conflict between customary law and national law in land transactions. Using a socio-legal approach and legal anthropology, this study analyzes the mechanisms of land sales in Yoka Village and the legal uncertainty caused by the incompatibility between customary practices and formal national law. The findings reveal that the lack of legal harmonization creates significant risks for both buyers and the indigenous community. The study concludes that formal recognition of the customary release letter and clear procedures for registering ulayat land are essential to protect the rights of all parties involved.

Keywords: customary land; ulayat land; legal uncertainty; customary law; land transactions (search for similar items in EconPapers)
Date: 2024
References: Add references at CitEc
Citations:

Downloads: (external link)
https://repec.ranepa.ru/rnp/teojur/tj2434.pdf

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:rnp:teojur:tj2434

Access Statistics for this article

Theoretical and applied law is currently edited by Nikolay Razuvaev

More articles in Theoretical and applied law from Russian Presidential Academy of National Economy and Public Administration Contact information at EDIRC.
Bibliographic data for series maintained by RANEPA maintainer ().