I Putu Gede Seputra
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Journal : Jurnal Interpretasi Hukum

Perencanaan Tata Ruang Terbuka Hijau Sesuai Peraturan Daerah Kota Denpasar Nomor 27 Tahun 2011 Ni Kadek Tisna Aristya Dewi; I Putu Gede Seputra; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (269.94 KB) | DOI: 10.22225/juinhum.1.1.2203.154-160

Abstract

The declining quality and quantity of green open space in urban areas has caused a decrease in the quality of the environment. Therefore, it is necessary to conduct a research on the Green Open Spatial Planning, especially in Denpasar City the legal provisions of which has been regulated in Regional Regulation No. 27 of 2011. This research analyzes the planning for the use of Green Open Spatial and the mechanism for changing the Green Open Spatial to change its function to become Spatial Settlement. The method used in this research was a normative research method, in which legal data collection was carried out by recording library studies, document studies, information and explanations obtained both from the Laws, Government Regulations and other Regulations that can be further examined which related to this problem. Data analysis in this research was carried out systematically by classification of legal materials to facilitate the analysis work, then Legal materials obtained are then subjected to discussion and grouping into certain sections. The results found that the Green Open Space is an area dominated by plants that are built for protection functions. The pattern of spatial use as a basis for the Denpasar City Government sets Green Open Spaces namely Settlements and Public Facilities. Changes in the pattern of utilization of green open spaces have changed the function resulting in the realization of optimal urban spatial planning. This happened because of the weak awareness of the people of Denpasar City.
Pemberian Hak Guna Usaha di Atas Tanah Hak Komunal Menurut Hukum Pertanahan di Indonesia Ni Ketut Krismanika; I Putu Gede Seputra; Luh Putu Suryani
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (253.678 KB) | DOI: 10.22225/juinhum.1.1.2204.161-166

Abstract

The granting of Communal Rights Certificates is done according to Article 18 of the MATR / KBPN regulation No. 10/2016, if it has been decided that by the Governor, the Regent / Mayor in that place there are indeed indigenous peoples, the Officer will report to the Ministry of National Land Agency (hereinafter abbreviated as BPN) so that it is not changed and the registration of Communal Rights for the land contained therein in that area. This study aims to determine the mechanism for granting communal land rights certificates for customary law associations and also to identify tenure rights with communal rights based on agrarian arrangements. This research is a normative legal research with a statutory approach and analysis approach and legal concepts. The results of this study indicate that the Decree of the Minister of Land said that if the results of the research there were indigenous peoples and their land, the inauguration of the indigenous peoples was decided by the ministry of MATR / BPN of the region to determine and register communal rights over their land in the region's BPN. The communal rights being applied for will be issued in the future the communal rights certificate of the customary law community. After the Communal Rights Certificate is issued from the BPN on behalf of the customary community, the use and use can be cooperated with a third party, in this case if there is a party who is applying for a Cultivation Right on the communal right, then the customary law community may negotiate with the applicant, in order to get the same benefits. The conclusion is that the mechanism for granting communal land rights certificates to customary law associations starts from the report of the customary head to the Regent / Mayor and the granting of Building Use Rights on Communal Rights land is allowed as long as Communal Rights as long as the customary community wants to relinquish these rights or exchange with other land.