Tayade System Land Rights: The Concept of Unification of Customary Law and Indonesian Positive Law

Abstract

Abstract This study analyzes the Gorontalo customary law approach in the transfer of land rights through the Tayade system, which separates land rights and plant rights. In the context of Gorontalo, although there is no formal regulation that specifically regulates Tayade, this practice remains dominant. It creates legal uncertainty for land and plant owners due to the absence of definite legal rules used to separate the transfer of land rights from plants. This paper conducts a comparative analysis to evaluate the impact of the Tayade system on legal certainty, rights transfer mechanisms, land management principles, and the potential for social conflict with statutory, conceptual, and comparative approach methods. The research seeks to offer practical solutions to harmonize the Tayade system with Indonesia’s land law framework through an analysis of the alignment between customary and positive Law. This research aims to guide Indonesian policymakers and stakeholders on practical approaches based on an analysis of Tayade practices to strengthen legal certainty and reduce potential conflicts in land rights management.

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