LEGAL RELATIONSHIP OF THE PARTIES IN GRANTING CONTROL OF LAND WITH RIGHTS TO RIDE

Abstract

This study aims to analyze the legal relationship between parties in granting land control with the right to ride and its implications for protecting the rights of the parties involved. The research employs a qualitative descriptive methodology with a normative approach, utilizing secondary data from laws and regulations, customary law, and expert opinions to analyze the legal issues under study.

The legal relationship between parties in granting land control with the right to ride manifests through agreements or verbal contracts between landowners and holders of the right to ride. This relationship involves land utilization according to the needs of the right holder, with the landowner's permission, and without monetary payment to the landowner. The right to ride is based on customary law, as there are no specific regulations governing this right. The agreements made are typically unwritten because the relationships are established based on kinship and mutual assistance. The holder of the right to ride is expected to help the landowner with work when needed.

This legal relationship is inherently weak because the land use agreement can be unilaterally terminated by the landowner at any time if the owner needs the land or encounters problems with the right holder, without any obligation to compensate the right holder. Regarding the protection of parties in granting land control with the right to ride, the benefits obtained by the parties should provide mutual protection. The potential for disputes between parties arises from the weak basis of control and reliance on trust. Therefore, there should be a formal land control agreement. Although the right to ride is granted based on kinship and compassion, the land use arrangement should be formalized in a written agreement. A written agreement would provide certainty and legal protection for both parties.