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Journal : GANEC SWARA

PENGAKUAN DAN PERLINDUNGAN HUKUM TERHADAP MASYARAKAT HUKUM ADAT (DALAM PERSPEKTIF NEGARA HUKUM) SARI, NI LUH ARININGSIH
GANEC SWARA Vol 14, No 1 (2020): Maret 2020
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (321.862 KB) | DOI: 10.35327/gara.v14i1.119

Abstract

The State of Indonesia as an archipelago with thousands of ethnic groups with a variety of different cultural customs in indigenous groups and local wisdom makes the State of Indonesia famous as a country rich in ethnicisity. The existence of indigenous community in various laws and regulations including the Constitution recognizes the existence of indigenous community and even the constitution mandates separate regulations in the form of laws to protect the existence of them and their customary rights. However, in practice in social life, their existence has not yet received serious protection from the government. This can be seen from the fact that not all regional heads inventoried and made local regulations related to indigenous community and local wisdom in their area and the rights of indigenous community to their customary territories are often disturbed by the rights granted by the laws and regulations made by the State. Whereas the state's recognition of the existence of customary law communities has been regulated in various national laws and regulations even in the Unitary State of the Republic of Indonesia, namely in the 1945 Constitution Article 18B paragraph (2) containing that the State recognizes and respects community units customary law and traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia as stipulated in the law.
KEPASTIAN HUKUM TERHADAP TANAH DRUWE PURA MELALUI PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) SARI, NI LUH ARININGSIH
GANEC SWARA Vol 18, No 3 (2024): September 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i3.1037

Abstract

The aim of this research is to find out more clearly and in depth about legal certainty regarding Druwe Pura land through complete systematic land registration (PTSL). This research is a type of normative legal research (doctrinal legal research). Article 19 of the Basic Agrarian Law states that in order to ensure legal certainty that the Government will carry out land registration throughout the territory of the Republic of Indonesia, the National Land Agency as the implementer of duties in the agrarian sector in Indonesia is obliged to serve the needs of the people who wish to register their land. To implement the order contained in Article 19, Government Regulation Number 24 of 1997 concerning Land Registration was issued.  Parisada Hindu Dharma Indonesia (PHDI) has made a Memorandum of Understanding with the National Land Agency (BPN) Number: 189/PH.PHDI.Pusat/V/2023; Number: 20/SKB-HK.03.01/V/2023 concerning Implementation of Land Registration, Assistance for Prevention and Handling of Land Asset Problems under the auspices of Parisada Hindu Dharma Indonesia.  The implementation of this Memorandum of Understanding is further regulated in the Cooperation Agreement between Parisada Hindu Dharma Indonesia and the National Land Agency (BPN), with Number: 269/PH.PHDI.Pusat/II/2024; Number: 4/SKB-100. HK.03.01/II/2024.. Registration of land belonging to the Temple (Pura druwe land) as a place of worship through Complete Systematic Land Registration (PTSL)