Abstract

ABSTRACTBali Provincial Regulation Number 3 of 2001 which has been amended by Bali Provincial Regulation number 3 of 2003 concerning Desa Pakraman article 9 paragraph (5) explicitly states that land owned by Pakraman village of Bali cannot be certified in the personal name and Decree of the Minister of Agrarian Affairs and Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights designates the pakraman village as the subject of joint ownership rights. This brings polemic related to the existence of the village Druwe's land rights. Then the focus of this research is whether the conversion of Druwe Village Rights Into Property Rights According to Article II Provisions for Conversion of the Basic Agrarian Law (UUPA) is in accordance with the law. How should the conversion of Druwe Desa rights to land rights according to the LoGA. as for the research methods used Normative law research (normative law research). The approach used. Statute Approach and Historical Approach. The results of this study are found. Conversion of Village Druwe Rights to Property Rights According to Article II, the Conversion Provisions for the Basic Agrarian Law (UUPA) are not in accordance with the law, because the rights of village druwe with ownership rights do not have in common or similarities either with respect to the subject of the holder of his land rights or the authority of the holder of his right, so that conversions cannot be carried out. This is reinforced by article 9 paragraph (5) of the Regional Regulation of the Province of Bali Number 3 of 2001 which has been amended by the Regional Regulation of the Province of Bali number 3 of 2003 concerning Desa Pakraman regarding land owned by the village of pakraman in Bali cannot be certified in the personal name and the Decree of the Minister of Agrarian Affairs Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights.

Highlights

  • Article 53 of the UUPA is not limited, meaning that in addition to the land rights mentioned in the UUPA it is still possible t,o establish new land rights that are regulated by law

  • Conversion of the law to the law. according to the UUPА? In the research the authors analyzed the Regulation of the Regulations relating to the conversion of the Druwe village into property rights according to the provisions in Article 20 of the UUPA

  • Based on the concept of conversion, the conversion of land rights of Druwe Desa into ownership rights as regulated in Article 20 of the agrarian law must be seen in the subject of rights holders and authorities of the rights holders of the two land rights. as explained in the previous chapter the village druwe in this study is the pakraman bali village druwe

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Summary

PROPRIETARY RIGHTS ACCORDING TO ARTICLE II

Land rights included in this group are Ownership Rights, Right to Use, Right to Use, Right to Use, Right to Lease Buildings, Right to Open Land, and Right to Collect Forest Products. Will be remove d in a short time becaus e they contain extortio n, feudal charact eristics and which are not in accorda nce with the soul or the principl es of the UUPA These tempor ary types of land rights are Liens (Land Liens), Mortga ge Rights, Product ion Sharing Rights Land law prior to the birth of the UUPA applies western agrarian law to lands with western land rights and customary agrarian law applies to lands with customary land rights The existence of these two land law regulations raises the "dualism" of existing land law in Indonesia, which results in uncertainty in national land law that triggers inter-group legal problems. The implementation of conversion has a goal that is inseparable from the objectives to be achieved by the agrarian law namely the unification and simplicity of agrarian law as well as ensuring legal certainty of land rights and creating prosperity, happiness, justice for citizens and the Indonesian state. holding conversions is aimed at holding land rights unification. in the future, the old land rights will no longer be found so that they will avoid the dualism

Jurnal Peharuan Hukum
The definition of Desa
Customary Rights as a right has the concept of shared ownership
Ownership of land rights associated with the Druwe
Land Agency concerning the Designation of the Village Land
Mentioned in paragraph
Desa pakraman in Bali deeply related to concept Tri
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