ANALISIS HUKUM TERHADAP PRAKTIK JUAL-BELI TANAH EKS ADAT DENGAN AKTA DI BAWAH TANGAN (STUDI DI DESA BANYUANYAR KIDUL, KABUPATEN PROBOLINGGO)

Land is an important asset in the life of the nation and state, both in terms of development and business activities and efforts that have been carried out since ancient times originating from our own ancestors, so it is not surprising that in this era there are still many land transactions that are still carried out in the community which are carried out independently (private deeds), then if done independently only requires a Legal Institution known in Customary Law in general, the institution needed to meet the needs of the community which is still simple and known as the Village/Customary Head. So in this case, we who are in this modern era need permanent legal protection to protect the rights of land buyers in this modern era, because private deeds in this land sale and purchase do not yet have permanent legal force. This study uses an Empirical Juridical approach, which means research that is carried out directly through information from the field and is in real terms according to existing facts. This type of research aims to obtain original (real) results and has actually occurred in a community. The practice of buying and selling land in this village still has residents who do underhand buying and selling. Even if there are those who use the services of a notary, it is usually for land sales that have been legalized because the deed will later be used for the certificate name change process. Most people here buy and sell land in front of the Village Head, using receipts, and there are also those who do not use any proof of transaction, only trust. If there is no evidence, there is usually still a kinship relationship. Legal protection speaks of laws and regulations to resolve disputes before they occur. Faced with a case study of land sales in Banyuanyar Kidul Village, Phillipus M. Hadjon's legal protection theory divides legal protection into two types, namely preventive legal protection facilities and repressive legal protection facilities. Preventive legal facilities are described as legal protection before a dispute occurs and repressive after a dispute occurs.