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Dr. Endang Hadrian, Legal Counsel for Lilianny Suryanto: Land Dispute in Labuan Bajo Must Be Resolved Under Customary Law

 

LABUAN BAJO โ€“ The ownership dispute over a 10-hectare parcel of land in the Bukit Sylvia tourism area, Labuan Bajo, East Nusa Tenggara, involving Emilton Suryanto and Oktavianus Leo, has once again attracted public attention. Legal counsel for Lilianny Suryanto, Dr. Endang Hadrian, S.H., M.H., emphasized that the dispute should be resolved in accordance with the customary law applicable in Labuan Bajo, rather than relying solely on claims of long-term physical possession.

According to Dr. Endang, the disputed land was not acquired through unlawful occupation. โ€œThe land was legally obtained by Emilton Suryanto through a valid sale and purchase transaction conducted in accordance with the prevailing laws and regulations,โ€ he stated in Labuan Bajo.

He argued that the claim made by Oktavianus Leo, as the heir of Lois Leo, asserting ownership based on thirty years of possession under the doctrine of acquisitive prescription (adverse possession), is not applicable in this case.

โ€œThat legal doctrine is not recognized under customary law. Instead, the applicable principle is rechtsverwerking, whereby a person who neglects or abandons his or her land rights may lose those rights,โ€ said Dr. H. Endang Hadrian, S.H., M.H., legal counsel for Lilianny Suryanto.

Furthermore, he explained that all land in Labuan Bajo constitutes customary communal land (ulayat land) under the authority of the Kedaluan Nggorang customary institution. This customary territory covers Labuan Bajo Subdistrict, Batu Cermin Village, Wae Kelambu Village, Nggorang Village, and Watu Nggelek Village. Therefore, any party intending to acquire land within the area must first obtain a customary land transfer from the authorized customary leaders in accordance with established customary procedures.

Read the full article at:

  • Berbagi Info Nasional 
  • Suara Masyarakat Indonesia
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