SISTEM HUKUM PERJANJIAN BAGI HASIL PADA MASYARAKAT ADAT BADUY DESA KANEKES KECAMATAN LEUWIDAMAR PROVINSI BANTEN

Abstract

The aim of this research is to find out and discuss the legal system of profit sharing agreements in the Baduy traditional community of Kanekes village, Leuwidamar District, Banten Province. This research was conducted and compiled using empirical research methods that’s usw qualitative analysis, namely by conducting direct interviews with Jaro (Village Head) and the Baduy indigenous community. The law of profit-sharing agreements in the Baduy tribes is based on strong customary law where agricultural practices, including land management and profit sharing are closely tied to the principles of local wisdom known as pikukuh karuhun (absolute obedience to ancestral rules) and are under the authority of local customary institutions, not national law. The agreements is known as the “nyambut” profit-sharing system. Furthermore, factors influencing the Baduy community’s adherence to customary law include religion and belief, social and cultural factors, customary law, and security