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I Kadek Dony Hartawan
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Analisis Yuridis Hak Krama Desa Adat Atas Tanah Pekarangan Desa (PKD) Sebagai Tempat Tinggal dan Bisnis Komersil Berdasarkan Peraturan Daerah No 4 Tahun 2019 Ni Luh Eka Puspita; I Kadek Dony Hartawan; Ni Komang Irma Adi Sukmaningsih
Jurnal Ilmu Hukum Sui Generis Vol 5 No 4 (2025): english
Publisher : Universitas Pendidikan Ganesha

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This research aims to legally analyze the rights of Adat Village Krama (customary villagers) over Village Residential Land) converted into commercial residences under Bali Provincial Regulation Number 4 of 2019 concerning Adat Villages in Bali. This study focuses on two aspects: the legal status and limitations of Krama rights over PKD land according to Regulation Number 4 of 2019, and the validity as well as the legal implications of utilizing such communal land for commercial residences. This study is a normative legal research employing a statute approach and a conceptual approach. The results of this study show that there is a vague norm in Article 62 paragraph (2) letter b of Regulation Number 4 of 2019, specifically within the phrase "economy for its owner," which fails to provide material limitations on the scale of individual commercial businesses and obscures customary law principles. Legally, such utilization is deemed valid provided that there is no transfer of physical ownership to outsiders and it is governed through local customary law instruments. The legal implication of this vague norm triggers regulatory ambiguity at the operational level due to the absence of standardized guidelines. Therefore, it is recommended to formulate explicit implementing regulations within each Adat Village to control commercial utilization and establish financial contribution mechanisms for the village treasury without restricting the economic rights of the Krama
PERTANGGUNGJAWABAN NEGARA TERHADAP PEMEGANG HAK ATAS TANAH MUSNAH BERDASARKAN PASAL 15 PERATURAN MENTERI AGRARIA DAN TATA RUANG/ KEPALA BADAN PERTANAHAN NASIONAL NOMOR 17 TAHUN 2021 TENTANG TATA CARA PENETAPAN TANAH MUSNAH Ni Kadek Evi Saraswati; I Kadek Dony Hartawan; Ni Komang Irma Sukmaningsih
Jurnal Ilmu Hukum Sui Generis Vol 6 No 2 (2026): April, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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Land is an object of property rights that has important economic, social, and legal value for the community.However, the geographical conditions in Indonesia are often prone to natural disasters, which can cause land to change physically or be lost permanently.This results in the land being unable to be identified, used, or developed as it should be. The government is trying to provide legal certainty in this situation.Through Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Office Number 17 of 2021 on the Procedures for Determining Lost Land, the government has set out how the status of lost land is determined, along with the legal basis, which includes removing the land rights.However, the regulation still raises important issues regarding the state's responsibility towards land rights holders who lose their rights. This rule only deals with the provision of religious funds to the land rights holders, but it does not explain what the funds are, how much they are, the basis for calculating them, the process of giving them, or who is responsible for distributing the money.
KEABSAHAN SERTIFIKAT HAK ATAS TANAH DALAM PASAL 32 AYAT (2) PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997: ANTARA KEABSAHAN ADMINISTRATIF DAN KEABSAHAN MATERIIL Ni Kadek Febri Dewi Tirani; I Kadek Dony Hartawan; Ni Komang Irma Adi Sukmaningsih
Jurnal Ilmu Hukum Sui Generis Vol 6 No 3 (2026): Juli, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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Land registration is intended to ensure legal certainty through the issuance of land title certificates, which serve as legally recognized evidence of land rights. Article 32(2) of Government Regulation No. 24 of 1997 provides legal protection to landowners and certificate holders who acquire land rights in good faith and exercise actual physical possession of the land, provided that the certificate has been lawfully issued. However, the regulation does not specify the legal parameters of the phrase "lawfully issued," giving rise to normative ambiguity. This study examines the legal standards governing the validity of land title certificates under Article 32(2) of Government Regulation No. 24 of 1997 and evaluates their implications for legal certainty. The research employs a normative legal research method using statutory, conceptual, and case approaches. The findings demonstrate that the phrase "lawfully issued" may be interpreted as referring to either administrative validity or substantive validity, resulting in divergent interpretations in judicial practice. Accordingly, administrative and substantive validity should be construed as complementary and cumulative requirements in order to strengthen legal certainty and ensure effective protection of land rights.
HARMONISASI PENGATURAN PERIZINAN BERUSAHA BERBASIS RISIKO (OSS-RBA) DENGAN KETENTUAN RTRW PROVINSI BALI DALAM PERLINDUNGAN KAWASAN LINDUNG Ni Komang Merlinda Putri; I Kadek Dony Hartawan; Ni Komang Irma Adi Sukmaningsih
Jurnal Ilmu Hukum Sui Generis Vol 6 No 3 (2026): Juli, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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The reform of Indonesia’s business licensing system through Risk-Based Business Licensing as regulated under Goverment Regulation No. 5 of 2021 aims to establish a conducive investment climate by simplifying licensing procedures based on the level of risk associated with the business activity. Nevertheless, the implementation of business licensing must remain consistent with spatial planning as stipulated under the regulations in Goverment Regulation No. 21 of 2021 concerning Spatial Planning Administration and the Bali Provincial Regulatian Number 2 of 2023 concerning the Bali Provincial Spatial Plam (RTRW) for 2023-2043, particularly regarding the protection of conservation areas. This research is motivated by the potential disharmony between the regulation Risk-Based Business Licensing and spatial palnning provisions, particularly in connection with the issuance of busniness licenses within areas adjacent to protected areas. This issue is reflected in the business activities associated with the issuance of Business Identification Number (NIB) through the Online Single Submission Ris-based Approach (OSS-RBA) system in the Pemutih Beach ares, Pecatu Village, Badung Regency, raising questions regarding the comformity of licensing system with the applicable spatial planning regulations. this study is intended to analyze the harmonization between the regulation of Risl-based Business Licensing and the Bali Provincial Spatial Plan in protecting conservation areas, as well as to examine the consistency among Goverment Regulation No. 5 of 2021, Goverment Regulation No. 21 of 2021, and Bali Provinsiap Regulation No. 2 of 2023 in ensuring legal certainly a normative legal research method using both the statutory approach and the conseptual approach, with qualitative analysis based on library research. The findings of this study are expected to contribute to the harmonization of business licensing plicies and spatial planning regulations in order to ensure legal certaintywhile safeguarding protectedareas as part of sustainable development
URGENSI PERJANJIAN PENGIKATAN JUAL BELI TERHADAP TANAH YANG BELUM BERSERTIFIKAT DI INDONESIA Ni Komang Pramudiasari; I Kadek Dony Hartawan; Ni Komang Irma Adi Sukmaningsih
Jurnal Ilmu Hukum Sui Generis Vol 6 No 3 (2026): Juli, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

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This study focuses on evaluating the legal framework of the Sale and Purchase Binding Agreement (PPJB) for uncertified land in Indonesia and formulating an ideal regulatory model to ensure legal protection and certainty for all parties involved. The primary driver of this research is the lack of specific regulations governing PPJB on uncertified land, which forces its practical implementation to rely merely on general contract law, overall agrarian provisions, and customary notarial practices. This circumstance creates a normative void that risks causing inconsistent procedures and legal disputes. Utilizing statutory and conceptual approaches, this normative legal research analyzes primary, secondary, and tertiary legal sources through qualitative examination. Findings reveal that current Indonesian laws do not comprehensively govern PPJB for uncertified land, leaving its enforceability dependent strictly on the freedom of contract principle under the Civil Code. Consequently, dedicated regulations are urgently required to define the legal standing of PPJB, land eligibility standards, mandatory contractual terms, notarial duty of care, protections for good-faith buyers, and dispute resolution channels. Such legislation is expected to establish legal certainty, procedural uniformity, and enhanced legal safeguards.
Co-Authors Ni Kadek Evi Saraswati Ni Kadek Febri Dewi Tirani Ni Komang Irma Adi Sukmaningsih Ni Komang Irma Sukmaningsih Ni Komang Merlinda Putri Ni Komang Pramudiasari Ni Luh Eka Puspita