A Legal Review of Land Sale and Purchase Agreements According to Rejang Customary Law in Pagar Jati Village, Central Bengkulu Regency

Abstract

Land has an important position in people's lives, both economically and socially. In customary law communities, the transfer of land rights, including through sale and purchase, is often regulated based on applicable customary law provisions. The Rejang customary community in Pagar Jati Village, Central Bengkulu Regency, still maintains the implementation of land sale and purchase agreements based on customary rules and procedures that have been passed down from generation to generation and involve customary leaders. Therefore, this study aims to determine and analyze the implementation of land sale and purchase agreements according to Rejang customary law in Pagar Jati Village, Central Bengkulu Regency.This study also aims to identify and analyze the factors that cause people in Pagar Jati Village, Central Bengkulu Regency, to conduct land sale and purchase transactions based on customary practices. This research uses an empirical research method that examines land sale and purchase agreements based on Rejang customary law in Pagar Jati Village, Central Bengkulu Regency.The results show that the implementation of customary land sale and purchase agreements in Pagar Jati Village is still widely carried out through agreements between the seller and the buyer and witnessed by the Customary Leader, the Village Head, and the Village Secretary, with proof in the form of a written statement of land sale and purchase accompanied by a land sketch and signed by the parties and witnesses. In customary law, a land sale and purchase is considered valid if it fulfills the principles of “terang” and “tunai,” meaning that the transaction is conducted openly and the payment is made directly. However, this practice does not provide strong legal certainty compared to land sale and purchase conducted before a Land Deed Official (PPAT). The factors that encourage the community to conduct land transactions based on customary law include a lack of understanding of land law, the influence of long-standing cultural traditions, trust and kinship relationships between the parties, a faster process with relatively lower costs, and the low level of public legal awareness regarding the importance of legal certainty in land ownership