Factors Causing the Implementation of Land Buying and Purchase Based on Customary Law

Oct 13, 2025 by talynt.org 141 views

Introduction

Buying and selling agricultural land in Uluan District, Toba Samosir Regency, is a common practice that has been carried out for generations. Despite the existence of formal legal regulations, such as Law No. 5 of 1960 concerning basic regulations of agrarian principles, the community still relies heavily on customary law to facilitate land transactions. This study aims to explore the factors that contribute to the continued use of customary law in buying and selling agricultural land, the process of carrying out land transactions, and the legality of these transactions in the applicable legal context.

Factors Causing the Implementation of Land Buying and Purchase Based on Customary Law

One of the primary factors that contributes to the continued use of customary law in buying and selling agricultural land is the lack of implementation of land legalization programs, such as Prona (National Agrarian Program) by the local National Land Agency (BPN). As stipulated in the Minister of Forestry Decree No. 44/2005, there was an appointment of forest areas whose area reached 3,742,120 hectares in North Sumatra Province, which made BPN not implement the program in the Uluan area. As a result, people turn to traditional ways in conducting faster and more practical land transactions without complicated procedures.

The lack of implementation of land legalization programs has led to a reliance on customary law, which is often based on traditional norms and practices. This has resulted in a situation where land transactions are carried out without the necessary documentation and registration, making it difficult to establish clear ownership and rights to the land. Furthermore, the lack of transparency and accountability in land transactions has led to disputes and conflicts over land ownership, which can have serious consequences for the community.

Cara Pelaksanaan Jual Beli Tanah (The Process of Buying and Selling Agricultural Land)

In Uluan District, the practice of buying and selling agricultural land is done in cash, which means the delivery of money is carried out at the same time as the surrender of land. This process is marked by the presence of a written agreement that is signed by both parties and witnesses. These witnesses are usually traditional leaders or locals who understand the history of the ownership of the land. In this context, transactions are guaranteed openness and can be seen by the surrounding community, thus increasing the validity of the sale and purchase.

The process of buying and selling agricultural land in Uluan District is characterized by a lack of formal documentation and registration. This has led to a situation where land transactions are often carried out without the necessary paperwork, making it difficult to establish clear ownership and rights to the land. Furthermore, the lack of transparency and accountability in land transactions has led to disputes and conflicts over land ownership, which can have serious consequences for the community.

Legalitas Jual Beli Tanah Berdasarkan Hukum Adat (The Legality of Buying and Selling Agricultural Land Based on Customary Law)

The legality of the practice of buying and selling land in the Uluan sub-district community is declared valid if it meets the requirements listed in Article 1320 of the Civil Code. Although the process is carried out based on customary law, the agreement written in the agreement can be used as evidence in the court. Furthermore, BPN accepts this agreement as a basis for issuing land certificates, so as to provide legal certainty for the parties involved in the transaction.

The legality of buying and selling agricultural land based on customary law is a complex issue that requires careful consideration of the applicable laws and regulations. While customary law may provide a framework for land transactions, it is essential to ensure that these transactions are carried out in accordance with the requirements of the Civil Code and other relevant laws. Failure to do so can lead to disputes and conflicts over land ownership, which can have serious consequences for the community.

Recommendations for the Government

In order to increase legal certainty in the land sector, it is recommended that the government, including BPN, Camat, Village Head, and Legislative, implement the Prona program in Uluan District. In addition, legal counseling regarding the importance of carrying out every transition of land in front of the Land Deed Making Officer (PPAT) is also very necessary. With this step, people will better understand the importance of legal land ownership and can reduce the practice of buying and selling land that is not registered.

The implementation of the Prona program and the provision of legal counseling are essential steps towards increasing legal certainty in the land sector. By providing access to land legalization and education on the importance of legal land ownership, the government can help to reduce the reliance on customary law and promote a more formal and transparent approach to land transactions.

Conclusion

Jual beli tanah pertanian di Kecamatan Uluan Kabupaten Toba Samosir masih banyak dilakukan berdasarkan hukum adat. Although more formal legal regulations have been established, limitations in the implementation of the land legalization program resulted in the community to remain dependent on existing traditions. It is essential for the government to take concrete steps in educating the community and providing access to land legalization so that all transactions can be officially and legally recorded.

In conclusion, the practice of buying and selling agricultural land in Uluan District, Toba Samosir Regency, is a complex issue that requires careful consideration of the applicable laws and regulations. While customary law may provide a framework for land transactions, it is essential to ensure that these transactions are carried out in accordance with the requirements of the Civil Code and other relevant laws. By implementing the Prona program and providing legal counseling, the government can help to increase legal certainty in the land sector and promote a more formal and transparent approach to land transactions.

Q: What is the current situation regarding the buying and selling of agricultural land in Uluan District, Toba Samosir Regency?

A: The buying and selling of agricultural land in Uluan District, Toba Samosir Regency, is still widely done based on customary law. Although formal legal regulations exist, the community relies heavily on traditional norms and practices to facilitate land transactions.

Q: Why do people in Uluan District, Toba Samosir Regency, prefer to use customary law in buying and selling agricultural land?

A: The main reason is the lack of implementation of land legalization programs, such as Prona (National Agrarian Program) by the local National Land Agency (BPN). This has led to a reliance on customary law, which is often based on traditional norms and practices.

Q: What is the process of buying and selling agricultural land in Uluan District, Toba Samosir Regency?

A: The process is typically carried out in cash, with the delivery of money and the surrender of land taking place at the same time. A written agreement is signed by both parties and witnesses, usually traditional leaders or locals who understand the history of the ownership of the land.

Q: Is the agreement written in the agreement sufficient as evidence in court?

A: Yes, the agreement written in the agreement can be used as evidence in court. However, it is essential to ensure that the agreement meets the requirements listed in Article 1320 of the Civil Code.

Q: What is the role of BPN in the buying and selling of agricultural land in Uluan District, Toba Samosir Regency?

A: BPN accepts the agreement as a basis for issuing land certificates, providing legal certainty for the parties involved in the transaction.

Q: What are the recommendations for the government to increase legal certainty in the land sector?

A: The government, including BPN, Camat, Village Head, and Legislative, should implement the Prona program in Uluan District and provide legal counseling regarding the importance of carrying out every transition of land in front of the Land Deed Making Officer (PPAT).

Q: Why is it essential to implement the Prona program and provide legal counseling?

A: Implementing the Prona program and providing legal counseling can help to reduce the reliance on customary law and promote a more formal and transparent approach to land transactions. This can increase legal certainty in the land sector and provide benefits to the community.

Q: What are the potential consequences of not implementing the Prona program and providing legal counseling?

A: Failure to implement the Prona program and provide legal counseling can lead to disputes and conflicts over land ownership, which can have serious consequences for the community.

Q: What is the ultimate goal of this study?

A: The ultimate goal of this study is to provide a comprehensive understanding of the legality of buying and selling agricultural land based on customary law in Uluan District, Toba Samosir Regency, and to provide recommendations for the government to increase legal certainty in the land sector.

Q: What are the implications of this study for the community and the government?

A: This study has significant implications for the community and the government. It highlights the need for the government to take concrete steps in educating the community and providing access to land legalization, which can help to reduce the reliance on customary law and promote a more formal and transparent approach to land transactions.