Legal Certainty for Customary Release Letter of Land Ownership In the City of Sorong
Dwi Pratiwi(a) Masrifatun Mahmudah(b) Rahmatia (b)

Universitas Muhammadiyah Sorong
Universitas Muhammadiyah Sorong
Universitas Muhammadiyah Sorong

Abstract

Abstract. The land law in Sorong City juxtaposes customary law with positive law, the comparison between customary law and positive law often creates problems, the customary community of Sorong City makes the Customary Release Letter as proof of legal ownership that cannot be contested, as the result in this case in proving ownership of rights to land, the legal power of land ownership does not depend on the presence or absence of a land certificate, but on whether or not a customary land release letter issued by customary parties.
The approach in this research is juridical normative, which is a that focuses on library data research and secondary data through legal principles and comparisons.
The result of this study found that the existence of a customary release letter is recognized for legal certainty before the law as a letter of agreement, but not as a letter that can prove the land ownership. Legal land ownership according to the State is a certificate whose issuance authority is only owned by the National Land Agency.

Keywords: Legal Certainty, Customary release Letter, Land Ownership

Topic: Social Science and Humanities