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Journal : protection journal of land and environmental law

Legal Provisions of Foreign Investment in Badung Regency - Bali AGUNG, Anak Agung Istri; SUKANDIA, I Nyoman; SUJANA, I Nyoman
Protection: Journal Of Land And Environmental Law Vol. 2 No. 2 (2024): Protection: Journal Of Land And Environmental Law. (November – February 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i2.1174

Abstract

The progress of the Indonesian nation is also supported by the presence of investors who are willing to invest in important domestic sectors. Investment is one of the instruments that drives economic progress in Indonesia, especially in Badung Regency - Bali. Many foreigners come to Bali for various purposes, including vacationing while doing business, working, learning about culture, doing research, or investing. Recently, there have been many foreign business activities involving property rental (land and buildings) either by individuals or in the form of PT PMA (Limited Liability Company with Foreign Investment) in Indonesia. This study aims to determine and understand the legal provisions for foreign investment in Bali, especially in Badung Regency and legal protection for foreigners investing in Bali based on applicable provisions. The method used in this study is normative legal research to find the type of investment and legal protection for foreigners investing in Bali based on applicable provisions.
Implications Of Control Of Coastal Lands By Foreigners In The Tourism Business SUJANA, I Nyoman; RIBEIRO, Leonito; WESNA, Putu Ayu Sriasih; UTAMA, I Wayan Kartika Jaya
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (204.077 KB) | DOI: 10.38142/pjlel.v1i2.472

Abstract

The focus of the study in this paper is the legal aspects of coastal land control by foreigners in Bali to benefit the tourism business. In analyzing these legal issues, the author uses empirical legal research methods with a statutory approach, a conceptual approach, a sociological approach, and a case approach. Based on the theory of authority, the theory of expediency, and the theory of legal protection as an analytical knife, the tourism business in Bali cannot be separated from the existence of foreigners. Similarly, the control of coastal land in Bali-pun does not escape the control of foreigners, both through legal investment and some illegal, by utilizing mutually beneficial cooperation between residents and with prajuru Indigenous Villages on the basis of sharing profits.It is in this philosophy that the principle of good faith in investing is reflected so that the possession of coastal lands by foreigners for the benefit of the tourism business is obliged to respect this very noble principle; however, in empirical facts, it turns out that the control of coastal lands in Bali by foreigners under the guise of mutually beneficial cooperation is likely to harm the use of indigenous villages in carrying out the religious values attached to these coastal lands. So that in this case, the concept of mutually beneficial cooperation is contained in the lousy faith of foreigners to control the land of Bali to get personal benefits at the expense of Balinese nature wrapped in mutually beneficial Works.
The Implementation of Grant of Marriage Properties Distribution Through Conciliation Agreement DANIYANTHI, Yussie Masyuni; SUJANA, I Nyoman; AGUNG, Anak Agung Istri
Protection: Journal Of Land And Environmental Law Vol. 3 No. 2 (2025): Protection: Journal Of Land And Environmental Law. (November – February 2025)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i2.646

Abstract

This empirical legal research examines the implementation of grants for the distribution of marital properties through conciliation agreements, focusing on the differences between Balinese customary law and societal practices. The study aims to identify legal issues and contribute ideas to improve the implementation of marital joint property distribution through conciliation agreements. Employing a statutory, case-based, and sociological approach reveals that parties who have undergone a divorce can waive court orders and distribute joint properties through conciliation agreements in accordance with Balinese customary law. In this context, the position of husband and wife in marital property is considered equal. However, the study clarifies that the distribution of joint marital properties through conciliation agreements does not automatically transfer ownership unless the joint property is in the form of land rights. In such cases, a deed of grant prepared by a Land Deed Conveyancer (PPAT) is required to transfer ownership to each party and minor children. This process ensures legal certainty in the rights of each party involved. The study highlights the importance of understanding the specific legal requirements for transferring ownership of different types of joint properties. It emphasizes the need for a comprehensive approach to achieving fairness and clarity in marital property distribution through conciliation agreements.
Legal Strength of Land Purchase and Sale in the Village of Banyuning, Buleleng Pratama, Putu Rama Ari; Sujana, I Nyoman; Sukandia, I Nyoman
Protection: Journal Of Land And Environmental Law Vol. 4 No. 2 (2026): Protection: Journal Of Land And Environmental Law. (November – February 2026)
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i2.1513

Abstract

The ambiguity of the legal status of village residential land after the enactment of the Basic Agrarian Law, particularly concerning the transfer of land rights carried out through private sales transactions. This research uses an empirical legal research method with a juridical sociological, legislative, and conceptual approach. The data used consists of primary data obtained through interviews and secondary data collected from various related literature. The research results show that although the buying and selling transactions of village yard land in Banyuning are conducted without official registration at the land office, they are still recognized as valid by customary law as long as there is an agreement from the local customary community. However, under national law, these transactions are not valid as they do not meet the procedures established by land regulations. In conclusion, to provide clearer legal certainty, there needs to be regulations governing the authentic transfer of rights over village yard land through a Land Deed Official (PPAT) and registration at the land office.