I Wayan Arthanaya
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Eksistensi Hak Gadai Tanah Sawah di Desa Ubung Kecamatan Jonggat Kabupaten Lombok Tengah Nusa Tenggara Barat I Made Adi Karsa; Ida Ayu Putu Widiati; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

The issuance of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles on September 24, 1960, then abolished the old agrarian law. The purpose of this study is to analyze the implementation of land pawns in the Ubung village, Jonggat sub-district and find out the inhibiting factors of the implementation of agricultural land pawns in Ubung Village, Jonggat District, Central Lombok Regency, West Nusa Tenggara based on Law No. 56 Prp of 1960. The method in this study is Empirical research methods and problem approaches using legal sociology. The results showed that the agricultural land pawn given by the pawnbroker and the pawn recipient was not in accordance with the law. Agricultural pawn in the community of Ubung Village, Jonggat Subdistrict, Central Lombok Regency is not in line with the agricultural land pawning regulated in Law Number 56 Prp of 1960. Factors that inhibit the implementation of agricultural pawn in Ubung Village, Jonggat Subdistrict, Central Lombok Regency NTB based on article 7 paragraph (1) and paragraph (2) of Law Number 56 Prp of 1960 ineffective are a) there has been no socialization of Law Number 56 prp of 1960 governing the problem of pawning agricultural land in Ubung Village, Jonggat District, Central Lombok Regency, NTB from the authorities. b) The culture of Ubung Village, Jonggat Subdistrict, Central Lombok Regency, NTB, which considers the provisions of Law Number 56 prp of 1960 to be incompatible with the customs contained in their environment.
Perkawinan Beda Agama dalam Perspektif Hak Asasi Manusia di Indonesia Made Widya Sekarbuana; Ida Ayu Putu Widiawati; I Wayan Arthanaya
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Presence of law number 1 Year 1974 about marriage can not provide legal protection as a whole in every marriage phenomenon, particularly in marriage different religions in Indonesia. Marriage law legitimately based on religion, but on human rights as privileges asserted freedom and marriage customs, embraced religion as a fundamental right that cannot be intervened by anyone. Problems of research 1) How marriage settings different religions in Indonesia? 2) How different religious marriage is a logical consequence of human rights perspective? This research is normative method, legal research with the study of the library of primary and secondary legal materials. Based on the findings of the research: 1) the Act of marriage has not provided certainty for couples who make marriage difference religion, there’s still a void marriage norms about different religions and conflict norms regarding legitimately marriage. 2) Different religious marriage discriminatory, religion is fundamental right that has been reserved and disinterfacking, the phenomenon raises consequences for one party with bowed themselves follow the religion of her partner. The Government expected to conduct observations regarding the effectiveness of the rules marriage and harmonization in Indonesia was not going empty, blurred or conflict of norms.