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Legal Dilemma: Recognition of Customary Rights on Land Assets of The Regional Government of Manokwari District

Year: 2026
Type: article
Abstract: Customary land rights disputes become more complicated when the claimed land has been paid for, released, certified, and used as a regional government asset. This article analyzes land acquisition documents for the DPRD Office and Manokwari Regency Government offices in 2000 as well as the Peace Agreement Deed dated December 18, 2025 in Case Number 69/Pdt.G/2025/PN.Mnk. The research uses normative legal methods with a statutory, conceptual, and case approach. Old documents show a list of compensation for 40 hectares worth IDR 1,000,000,000, minutes of payment and release of rights, a measurement letter of 399,937 m², and a certificate in the name of the Manokwari Regency Government. The 2025 deed mentions an object of 383,956 m², acknowledges the evidence of release and the Certificate of Use Rights Number 43 dated April 4, 2005, but simultaneously promises new compensation of IDR 20,000,000,000 in four installments. The parties have only requested that the agreement be strengthened by a peace decision. If a peace decision is never issued, the deed does not stand as an acta van dading with executorial force, but rather as an agreement whose legal requirements, authority, object, and regional financial management must still be tested. Legal loopholes exist in the lack of explanation of the relationship between the old and new payments, the difference in area of ​​15,981 m², the basis for the IDR 20 billion assessment, the authority of representation, and the interchangeability of the parties' labels on the signature page. A legal audit is needed to prevent double payments without ignoring truly demonstrable customary rights.
DOI: 10.30659/17ez3080
Language: English
Subfield: Soil Science
Open Access status: hybrid
OpenAlex ID: W7225792832
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