The Impact of Customary Law on Land Transactions

Oct 13, 2025 by recoveryshake.com 94 views

The Validity of the Sale and Purchase of Land Rights Based on Customary Law in Baktiraja District, Humbang Hasundutan, North Sumatra Province

Introduction

The Batak community tradition, particularly in Baktiraja District, Humbang Hasundutan Regency, North Sumatra Province, has a unique approach to buying and selling land. The validity of these transactions is based on customary law, which requires the fulfillment of three essential elements: cash, real, and bright. This approach has been in place for generations, with the process of buying and selling land typically involving the compilation of a seal letter in the form of an agreement signed by the seller and buyer, witnessed by several people and village heads. However, the implementation of this ceremony for the release of customary land rights has become increasingly rare, indicating a shift in behavior within the community.

The Significance of Customary Law in Land Transactions

Customary law plays a vital role in the buying and selling of land in Baktiraja District. The lack of the role of the Land Deed Making Officer (PPAT) is one of the primary causes of the continued implementation of customary law. From a non-legal perspective, traditions and habits that have been established in the community provide convenience and simplicity in the buying and selling process at a more affordable cost. These factors demonstrate how customary law remains relevant and recognized by the local community.

The Legality of Buying and Selling Land According to Customary Law

The transaction is considered valid as long as it meets the material requirements stipulated in Article 1320 of the Civil Code (KUHPERDATA). This includes an agreement between the parties involved and the transfer of clear land rights, without conflicting with norms that apply in the community. The existence of traditional seal letters supports the recognition of the valid transaction, although not through formal channels that are regulated in positive law.

Dispute Resolution in Traditional Land Buying and Selling

When disputes arise from traditional land buying and selling, people in Baktiraja District tend to resolve them through a family approach. The meeting between parties to the dispute, involving community leaders and village heads, is a commonly used method. This approach shows that society still upholds the values of kinship and deliberation in reaching an agreement.

Recommendations for Strengthening the Legality of Land Transactions

To strengthen the legality of land transactions and minimize disputes in the future, it is recommended that the regional government, through related agencies, conducts counseling to the public regarding land law and encourages the implementation of complete systematic land registration (Prona). The involvement of the village head is also crucial in helping expedite the process and settlement of disputes, as well as increasing public awareness about the importance of transferring land rights carried out in writing. With these steps, it is hoped that the process of buying and selling land in Baktiraja District can take place more transparently and safely for all parties.

Conclusion

The validity of the sale and purchase of land rights based on customary law in Baktiraja District, Humbang Hasundutan, North Sumatra Province, is a unique aspect of the Batak community tradition. While the implementation of this ceremony has become increasingly rare, customary law remains relevant and recognized by the local community. To strengthen the legality of land transactions and minimize disputes, it is essential to conduct counseling to the public regarding land law and encourage the implementation of complete systematic land registration (Prona). The involvement of the village head is also crucial in helping expedite the process and settlement of disputes.

Recommendations for Future Research

Future research should focus on the following areas:

The Impact of Customary Law on Land Transactions: A comprehensive study on the impact of customary law on land transactions in Baktiraja District would provide valuable insights into the effectiveness of this approach.
The Role of the Village Head in Dispute Resolution: A study on the role of the village head in dispute resolution would highlight the importance of community leaders in resolving disputes.
The Implementation of Complete Systematic Land Registration (Prona): A study on the implementation of Prona would provide insights into the effectiveness of this approach in strengthening the legality of land transactions.

Limitations of the Study

This study has several limitations, including:

Limited Data Collection: The study relied on primary and secondary data collection, which may not be comprehensive.
Limited Sample Size: The study focused on a specific area, Baktiraja District, which may not be representative of the entire region.
Limited Time Frame: The study was conducted over a limited time frame, which may not capture the full extent of the phenomenon.

Future Directions

Future research should aim to address the limitations of this study by:

Conducting a Comprehensive Study: A comprehensive study that includes a larger sample size and a longer time frame would provide more accurate insights into the phenomenon.
Using Multiple Data Collection Methods: Using multiple data collection methods, such as surveys and interviews, would provide a more comprehensive understanding of the phenomenon.
Focusing on a Broader Area: Focusing on a broader area would provide a more representative sample of the population.
Frequently Asked Questions (FAQs) about the Validity of the Sale and Purchase of Land Rights Based on Customary Law in Baktiraja District, Humbang Hasundutan, North Sumatra Province

Q: What is customary law in the context of land transactions in Baktiraja District?

A: Customary law in Baktiraja District refers to the traditional practices and norms that govern the buying and selling of land. It is based on the Batak community's unique approach to land transactions, which requires the fulfillment of three essential elements: cash, real, and bright.

Q: What are the three essential elements of customary law in land transactions?

A: The three essential elements of customary law in land transactions are:

Cash: The payment of a certain amount of money to the seller.
Real: The transfer of clear land rights to the buyer.
Bright: The absence of any conflicts or disputes between the parties involved.

Q: How is the sale and purchase of land rights based on customary law typically carried out in Baktiraja District?

A: The sale and purchase of land rights based on customary law is typically carried out through the compilation of a seal letter in the form of an agreement signed by the seller and buyer, witnessed by several people and village heads.

Q: What is the role of the village head in customary law land transactions?

A: The village head plays a crucial role in customary law land transactions, as they are responsible for witnessing the agreement and ensuring that the transaction is carried out in accordance with the community's norms and traditions.

Q: How does customary law affect the legality of land transactions in Baktiraja District?

A: Customary law affects the legality of land transactions in Baktiraja District by providing a unique approach to land transactions that is recognized by the local community. While it may not be recognized by formal law, it is still considered valid as long as it meets the material requirements stipulated in Article 1320 of the Civil Code (KUHPERDATA).

Q: What are the benefits of customary law in land transactions?

A: The benefits of customary law in land transactions include:

Convenience: Customary law provides a convenient and simple approach to land transactions.
Affordability: Customary law land transactions are often more affordable than formal law transactions.
Community recognition: Customary law is recognized by the local community, which can help to build trust and confidence in the transaction.

Q: What are the limitations of customary law in land transactions?

A: The limitations of customary law in land transactions include:

Lack of formal recognition: Customary law is not recognized by formal law, which can create uncertainty and confusion.
Limited protection: Customary law may not provide the same level of protection as formal law, particularly in cases of disputes or conflicts.
Dependence on community norms: Customary law is dependent on the community's norms and traditions, which can change over time.

Q: How can the regional government support the implementation of customary law in land transactions?

A: The regional government can support the implementation of customary law in land transactions by:

Providing education and training: Providing education and training to community leaders and villagers on the importance of customary law and its application in land transactions.
Encouraging community participation: Encouraging community participation in the development and implementation of customary law.
Providing resources and support: Providing resources and support to community leaders and villagers to help them implement customary law in land transactions.

Q: What are the implications of customary law in land transactions for the local community?

A: The implications of customary law in land transactions for the local community include:

Increased trust and confidence: Customary law can help to build trust and confidence in land transactions, particularly among community members.
Improved community relationships: Customary law can help to improve community relationships by promoting cooperation and collaboration.
Increased economic activity: Customary law can help to increase economic activity by providing a convenient and affordable approach to land transactions.