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VOL. 6, ISSUE 1 (2024)
Application of Langgeih rights in buying and selling land in west Aceh district
Authors
Mutiara Marni, Darmawan, Dahlan Ali
Abstract
Law No. 44/1999 on the Implementation of the Specialty of the Special
Province of Aceh is the legal basis for the application of langgeih
rights in Aceh in accordance with the values and culture of the people of Aceh.
Law No. 11/2006 on the Governing of Aceh also states that the Aceh government
recognizes the rights of indigenous peoples with the issuance of Law No. 3/2013
on Aceh Customary Community Institutions. This law provides formal recognition
of customary institutions and traditional community rights, including land
rights, namely langgeih rights. This study aims to examine and analyze
the implementation of langgeih rights in land sale and purchase, as well
as to examine and analyze the factors causing and legal consequences of the
non-implementation of langgeih rights in land sale and purchase in West
Aceh Regency. The type of research used is empirical juridical, with a legal
sociology approach and a legal anthropology approach. The data sources in this
research are primary data obtained from field research and secondary data
obtained from library research. The results of field research show that the
implementation of langgeih rights in the sale and purchase of land in
West Aceh Regency in general still exists and is applied even though it is
rarely found considering that this langgeih right is an unwritten law,
causing no clear regulation of the obligation to implement langgeih
rights. Factors causing the non- implementation of langgeih rights in
the sale and purchase of land are caused by people who do not understand the
purpose of langgeih rights, economic factors, the location of the land
is not strategic, and the lack of purchasing power of the community is also a
factor in the non-implementation of langgeih rights. Hak langgeih
does not affect the sale and purchase transaction between the seller and the
buyer, however, if someone feels aggrieved as a result of the sale and
purchase, the aggrieved person has the right to sue to cancel the sale and
purchase. It is recommended that provincial regulations agree to re-enact langgeih
rights in order to have one diversity and one vision, so that langgeih
rights will continue to exist and apply in Aceh. Serious efforts are needed by
every customary element to overcome the challenges that cause the non-
implementation of langgeih rights, and to strengthen policies that can
be an important solution in ensuring the implementation of langgeih
rights remains effective and sustainable in West Aceh District.
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Pages:107-111
How to cite this article:
Mutiara Marni, Darmawan, Dahlan Ali "Application of <i>Langgeih</i> rights in buying and selling land in west Aceh district". International Journal of Law, Policy and Social Review, Vol 6, Issue 1, 2024, Pages 107-111
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