Legalization of land pawning at Balinese community customs in North Lombok

Abstract

This study aims to conduct a study of land pawning legalization, particularly regarding the basis and principles of pawning agricultural land in Balinese community customs in North Lombok. This phenomenon is related to the still implementation of the land pawning system under customary law, in the sense that the implementation still refers to the interests of people who have strong capital. This research is designed in a qualitative descriptive research type using a case study approach. The results of this study found that the Legal Basis and the principle of implementing agricultural land pawning refer to the national law which is imbued with customary law, namely with the characteristics of communalistic customary law, religious magic in dealing in agreement in words and actions. There are two kinds of land pawning, namely dead pawning, and life pawning. Dead pawning recognizes the time limit for land returning without a living pawning ransom. Living pawning does not recognize the minimum time limit that the mortgaged can do one harvest before it can be redeemed. Transactions carried out with legal assistance or testimony from the hamlet head or village head will be clear, guaranteed, or protected by law, especially against claims from third parties.