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Legal Issues When Buying and Selling Customary Land in Papua
[Правовые Проблемы При Купле-Продаже Традиционных Земель В Папуа]

Author

Listed:
  • Kende D. C.

    (Brawijaya University (Malang, Indonesia))

  • Permadi I.

    (Brawijaya University (Malang, Indonesia))

  • Herlindah

    (Brawijaya University (Malang, Indonesia))

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.

Suggested Citation

  • Kende D. C. & Permadi I. & Herlindah, 2024. "Legal Issues When Buying and Selling Customary Land in Papua [Правовые Проблемы При Купле-Продаже Традиционных Земель В Папуа]," Theoretical and applied law, Russian Presidential Academy of National Economy and Public Administration, issue 4, pages 8-17.
    • Handle: RePEc:rnp:teojur:tj2434
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