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Original Research

JURIDICAL STUDY OF THE IMPLEMENTATION OF PAWNING OF AGRICULTURAL LAND SEEN FROM THE PERSPECTIVE OF CUSTOMARY LAW IN PARBULUAN DISTRICT, DAIRI REGENCY

ZETRIA ERMA 1, and MUHAMMAD NUROHIM 2.

Vol 18, No 12 ( 2023 )   |  DOI: 10.5281/zenodo.10319912   |   Author Affiliation: Universitas Pembinaan Masyarakat Indonesia 1,2.   |   Licensing: CC 4.0   |   Pg no: 193-203   |   Published on: 07-12-2023

Abstract

Objectives study This is Juridical Studies Implementation of Agricultural Land Pawning Viewed from the Perspective of Customary Law in the District Parbuluan. Pawn land agriculture in Sigalingging Village, District Parbuluan, Regency Dairy Still considered as local wisdom society that has accomplished in a way hereditary in a way custom. So that form its implementation Still done in a way custom and considered as form attitude each other Help when in circumstances pressed. Legal society custom in Sigalingging Village, District Parbuluan, Regency Dairy Already used to with pawn process land agriculture there, and considered the process more makes it easier than rule law national. Process implementation pawn land agriculture in matter This redemption pawn Agricultural land still contains elements of extortion due to the implementation of mortgaging agricultural land for the people of Sigalingging Village, District Parbuluan, Regency Dairi practices customary law as binding law. Implementation of agricultural land pawning based on Law no. 56 Prp of 1960 concerning Determination of Agricultural Land Area in Sigalingging Village, District Parbuluan, Regency Dairi goes through several stages including the division of territory, the contents of the agreement, the rights and obligations of the pawnee recipient. Implementation of agricultural land pawning based on Law no. 56 Prp of 1960 concerning Determination of Agricultural Land Area in Sigalingging Village, District Parbuluan, Regency Dairi has obstacles in carrying out agricultural land pawning transactions. These obstacles come from the first, the party giving the pledge, the second, the party receiving the pledge, while the third is custom as the holder of agrarian law customs.


Keywords

Agriculture, Land Pawning, Customary Law, Agrarian Law no. 5 of 1960.