The Legality of Land Purcase that was Conducted Based upon Adat Law: A Case Approach at Denpasar Court
Journal Title: Academic Research International - Year 2015, Vol 6, Issue 6
Abstract
Judges are of ten regarded as the mouthpiece of the law. Yet the politics of law in Indonesia, still acknowledges legal pluralism, in the sense that while it recognize written law as codified law with the goal of unification, it also recognize common law called customary law which still remain valid and respected by the public to the extent not contrary to the national interest Indonesia. The fact of recognition of customary law canals be found in some of the legislation that expressly recognizes the existence of customary law, even in national politics both in the Guidelines and in RPJP (Rencana Pembangunan Jangka Panjang – Long Term Development Plan), customary law as the basis of national law formation. Due to the formation of customary law is used as the cornerstone of national law, it acknowledges and gives space to the living customary law to remain in force in the social life in the community. Therefore the judge in handling and deciding the case must consider any written law in a legal sense legislation codified, and also should pay attention to the unwritten law which is also called customary law. Although there is such written law that governing and registration(Government RegulationNo.24 of 1997) which requires the sale of land made in front of the official officer(PPAT).
Authors and Affiliations
Dewa Nyoman Rai Asmara Putra
Keywords
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