Versita

Land Pawning in The Archipelago: A Study of Legal Anthropology

Aris Machmud ,Basuki Rekso Wibowo ,Gunawan Widjaja ,Cita Citrawinda Nurhadi
Keywords: land pawning, indigenous law, lower class worker ,

Abstract

Land pawning in archipelago was regulated by plural laws which can caused conflict which effecting the elite economy to solving the disputed. The research question for this research is how does existence of land pawning under colonial and national legal system view? Researcher will use normative juridical and empiric, where the researcher will use historical, statute, and also comparative and anthropology legal approach method which is a field that study law behaviours as a realistically law. This research shows the land pawning position from colonial era until now will be view from law anthropology that the existence land pawning regulation during colonial era with cultivation slavery was more focusing to elite companies and Chinese. The existence of the pawn law referred to a national legal system based on indigenous law that protected the interests of lower class worker by limiting the period of pawning for seven years.