TRANSFER OF LAND RIGHTS IN THE TAYADE SYSTEM

Abstract

The transfer of land rights in the Tayade system is one form of customary law in Gorontalo Province. This system involves the separation of ownership between the land and the plants growing on it. The transfer of land rights occurs without the involvement of legal instruments established by the Basic Agrarian Law and the Land Registration System. Consequently, the Tayade system raises concerns regarding the lack of legal certainty for both the land and plant rights owners. Also, social conflict is more likely to arise over the tree ownership than the land ownership, as the owner retains complete control over plant management, while the land rights holder has minimal authority. This study combined the Normative-Empirical type with the Cultural Ecological Anthropology approach. The regulation of land rights transfer under the Tayade system should, at a minimum, establish a time limit for tree ownership rights, define the mechanisms for buying and selling, and outline procedures for resolving property disputes, preferably through regional regulations.