The Practice of Agricultural Land Pledging Based on PERPU No. 56/1960: A Case Study of West Sakra, East Lombok
Abstract
This study aims to analyze: (1) the implementation of agricultural land pawning based on Article 7 of Government Regulation in Lieu of Law (PERPU) Number 56 of 1960 in West Sakra District, East Lombok Regency; and (2) the factors influencing the effectiveness of these provisions in community practice. This research is motivated by the fact that agricultural land pawning is still practiced according to customary law (adat), disregarding the 7 (seven) year time limit stipulated in Article 7 of PERPU Number 56 of 1960. The research method employed is empirical legal research with a socio-legal approach. The methodology incorporates a statutory approach and a conceptual approach combined with field research. The results indicate that the implementation of Article 7 of PERPU Number 56 of 1960 in West Sakra District has not been effective. Normatively, the provision aims to protect small-scale farmers from losing control over their land for an extended period. However, sociologically, the community adheres more closely to customary law, which follows the principle of "money returned, land returned" (uang kembali, tanah kembali) without a specific time limit. Factors hindering the effectiveness of the provision include low legal knowledge and awareness among the public, the dominance of customary law and local traditions, economic pressures faced by farmers, and the strong social and familial bonds between the parties involved. This study demonstrates that the validity of a legal norm is determined not only by juridical aspects but also by the social, economic, and cultural legal conditions of the community.
How to Cite This Article
Baiq Lestari Oktofiana, Lalu Husni, Aris Munandar (2026). The Practice of Agricultural Land Pledging Based on PERPU No. 56/1960: A Case Study of West Sakra, East Lombok . International Journal of Judicial Law (IJJL), 5(3), 20-26. DOI: https://doi.org/10.54660/IJJL.2026.5.3.20-26