LEGAL CONSTRUCTION OF LAND RIGHTS TRANSFER UNDER THE INDIGENOUS SYSTEM (TAYADE) IN GORONTALO IN RELATION TO THE PRINCIPLE OF HORIZONTAL SEPARATION

Abstract

The transfer of land rights through the Tayade customary system involves a two-part transaction. Firstly, there is the transaction of purchasing the rights to the land itself. Secondly, there is a separate transaction for purchasing the rights to what is on the land, such as buildings or crops. In other words, the landowner can sell or transfer the rights to the land to someone else while retaining ownership or control rights over the structures or crops on the land. Research on the Tayade Customary System reveals a legal phenomenon that does not align with Indonesian law, particularly concerning the transfer of land rights through transactions that contradict the Agrarian Law. The Agrarian Law separates ownership rights and does not specify a time limit for property transactions such as trees. The research methodology employed is normative empirical research with an anthropological legal approach. The conclusion drawn from this research identifies legal regulations to resolve issues related to the sale of land rights within the Tayade customary system.