Abstract

The right to use state land, which must be registered according to applicable regulations and is inherently transferable, can also be pledged through a mortgage. In Bangli Regency, indigenous communities practice using customary land as collateral for mortgages. This study aims to examine the mechanisms and legalities involved in encumbering mortgage rights on customary land within Bangli Regency. The research employs a normative legal approach combined with empirical analysis, utilizing both legislative and conceptual frameworks. Data has been gathered from both secondary and primary sources. The conclusion is that mortgage rights on customary land can be secured with the permission of the customary village head, and this process is by existing laws. Based on these findings, it is recommended that traditional community customs establish structured management for traditional institutions. Additionally, the government should develop relevant regulations and legislation concerning customary land rights or land owned by indigenous communities.