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All Journal JURNAL MAGISTER HUKUM UDAYANA DiH : Jurnal Ilmu Hukum Jurnal Akta Jurnal Hukum Magnum Opus Jurnal Notariil KERTHA WICAKSANA Jurnal Hukum Prasada Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Abdidas Journal Equity of Law and Governance Sultan Agung Notary Law Review AJARCDE (Asian Journal of Applied Research for Community Development and Empowerment) Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Formosa Journal of Multidisciplinary Research (FJMR) Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Postgraduated Community Service Journal Jurnal Abdi Daya POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Journal of Legal and Cultural Analytics (JLCA) Law Doctoral Community Service Journal Protection: Journal Of Land And Environmental Law Journal Research of Social Science, Economics, and Management Community Services Journal (CSJ) Journal of Political And Legal Sovereignty Journal of Social Service and Empowerment Jurnal Analogi Hukum
Putu Ayu Sriasih Wesna
Fakultas Hukum Universitas Warmadewa, Denpasar, Bali
Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Education Energy Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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Journal : Protection: Journal Of Land And Environmental Law

 1 
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.
Registration Of The Buying And Sale Of Land Rights Post Implementation Of The Presidential Instruction Number 1 Of 2022 Concerning Optimization Of The Implementation Of The National Health Security Program WESNA, Putu Ayu Sriasih; WIJAYA, Edward
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 (220.971 KB) | DOI: 10.38142/pjlel.v1i2.516

Abstract

Land sales and purchases must be completed prior to the PPAT that intended to give legal clarity and protection to the owner of a land parcel or other registered right so that he may readily establish his ownership of the relevant right and for the efficient administration of property. Fundamental guidelines that must be followed when purchasing and selling land are the transaction procedure and the certificate document's validity. The government released Presidential Instruction of the Republic of Indonesia (Inpres) Number 1 of 2022 on Optimum Implementation of the National Health Insurance Program (JKN). The Presidential Instruction regulates the requirements for managing a number of public services such as buying and selling land, making SIM, STNK, SKCK, Haji and Umrah which must be registered as BPJS Health participants. In the Inpres Number 1 of 2022, the government instructed 30 ministries/agencies to require JKN-KIS for various purposes to ensure that all people are protected by health insurance. Some of these policies seem to have no relationship or connection, but they are actually very closely correlated. The government wants to ensure that all levels of society have health insurance, especially the upper middle class who have not been registered with the JKN-KIS program. BPJS Health participant cards is one of the requirements for buying and selling land. The BPJS Health participant card is a requirement in the application for registration services for the transfer of land rights or ownership rights to flat units due to buying and selling.
Sentana Paperasan's Legal Efforts as a Solution to Overcoming Decisions in Banjar Kutuh, Sayan Village, Ubud District, Gianyar Regency MAHENDRA, I Komang Arya Sentana; WESNA, Putu Ayu Sriasih; UTAMA, I Wayan Kartika Jaya
Protection: Journal Of Land And Environmental Law Vol. 1 No. 3 (2023): Protection: Journal Of Land And Environmental Law. (March – June 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i3.658

Abstract

The process of adopting children is not only regulated based on national law, but also regulated according to customary law or often referred to as awig-awig which exists in each traditional village in Bali. In this study, empirical legal research methods will be used which will focus on the discrepancies that occur in accordance with the theory of the reality that occurs in society. The discussion that will be described in this study includes the position and legal protection of sentana extortion in inheritance at Banjar Kutuh, Sayan Village, Ubud District, Gianyar Regency. The position of the custodian of inheritance in Banjar Kutuh, Sayan Village, Ubud District, Gianyar Regency in overcoming the decision, namely in Balinese Customary Law, a child who has undergone the process of extortion ceremony is bound by his family relationship with the adoptive parent accompanied by severance of the relationship with his biological family. Where the relationship of a sentana (adopted child) with his biological parents is erased when they have undergone an extortion ceremony procession. Legal Protection Against Sentana Extortion in Inheritance under Article 832 jo.842 jo. Article 852 (a) of the Civil Code, based on an analysis using the theory of justice and the theory of legal protection, adopted children are included as heirs who inherit based on their own position in the First class in obtaining inheritance rights from their adoptive parents, thereby closing the rights of other heirs.
Legal Consequences of Polygyny Marriage Based on a Compilation of Islamic Law (Khi) and Laws on Marriage ABDULLAH, Aisudin; WESNA, Putu Ayu Sriasih; UTAMA, I Wayan Kartika Jaya
Protection: Journal Of Land And Environmental Law Vol. 2 No. 1 (2023): Protection: Journal Of Land And Environmental Law. (July – October 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i1.1019

Abstract

The author conducted normative legal research by analyzing the consequences of polygynous marriage laws based on Islamic law. What is the focus of this research study? What are the criteria for not being able to carry out obligations and having a physical disability by Islamic Law and the Marriage Law? Moreover, what are the legal consequences of a judge's Decision at the Religious Court on requests for polygynous marriages? In this research, the law-based approach uses a case approach and a sociological approach. The criteria for not being able to carry out an obligation due to a physical disability are as intended in the Marriage Law and Islamic law, namely the inclusion of people with physical disabilities and people with mental disabilities. This is because the type of disability means that someone cannot carry out their obligations as husband or wife or by the provisions of marriage, especially people with physical disabilities. Related to people with physical disabilities, namely impaired movement functions such as amputated organs, paralysis, paraplegia, cerebral palsy, stroke, leprosy and others, which result in the inability to fulfill obligations by a person as a husband or wife as a basis for fulfilling physical and spiritual needs.
Comparative Study Comparative Study in the Development of Agrarian Reform of the Indonesian Land Bank Agency with the Federal Law Development Authority (Felda) Malaysia UTAMA, I Wayan Kartika Jaya; ABDULLAH, Mohd Kamarulnizam Bin; MAHENDRAWATI, Ni Luh Made; WESNA, Putu Ayu Sriasih; PERMATASARI, Indah; SUKANDIA, I Nyoman; AGUNG, Anak Agung Istri
Protection: Journal Of Land And Environmental Law Vol. 4 No. 1 (2025): Protection: Journal Of Land And Environmental Law. (July – October 2025)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i1.1401

Abstract

The Land Bank Agency faces various challenges, these challenges include limited accurate spatial data, frequent agrarian conflicts between indigenous peoples, farmers, and large companies, and weak coordination between government institutions. In addition, policy implementation is often hampered by bureaucratic issues, overlapping regulations, and low community participation in the decision-making process. Therefore, an innovative approach and learning from best practices in other countries that have previously implemented similar policies are needed. One country that has long experience in implementing agrarian reform is Malaysia. Through the establishment of The Federal Land Development Authority (FELDA) in 1956. The type of research that researchers use in this study is a qualitative descriptive research method. The approach used in this study is normative juridical descriptive. The research was conducted by literature study to obtain legal materials and using document study techniques. The Malaysian land bank, FELDA, has been established for a long time, namely in 1956, compared to the Indonesian Land Bank Agency, which only had definite regulations in 2021 and FELDA has a different implementation mechanism compared to Indonesia, namely FELDA focuses more on implementing land banks in the agricultural sector, while the implementation of land banks in Indonesia tends to be relatively new.
Co-Authors A. A. Ngurah Deddy Hendra Kesuma ABDULLAH, Aisudin ABDULLAH, Mohd Kamarulnizam Bin Anak Agung Ayu Rai Agung Rene Dhariswari Anak Agung Istri Agung Anak Agung Ngurah Bhaskara Ananda Putra Anak Agung Ngurah Mukti Prabawa Redi ANGGARINI, Komang Desy Arini, Desak Gde Dwi Arini, Desak Gde Dwi Bongon, Miel S. Budiartha, Nyoman Putu Daniswara, I Kadek Tedo Tamara Putra Desak Ade Devicia Cempaka Desak Gde Dwi Arini Dewisari, Carolina Gracia Dharmawan, I Made Alit Putra Edward Wijaya, Edward Erawati, Ni Putu Tina Ganawati, Nengah Gede Oscar Geovani Gianyar, I Made Hamam Febrian Cahaya I Gede Nyoman Carlos W. Mada I Gusti Ayu Pryanka Nindyaprasista Putri I Gusti Made Ngurah Bagus Andre Wedananta I Gusti Putu Dena Dharma Putra I Gusti Putu Ghosadhira Vedhastama I Kadek Merta Wijaya I Kadek Wahyu Fajar Sutoya I Ketut Irianto I Ketut Selamet I Komang Dodik Wijaya I Made Aditya Wira Sanjaya I Made Mardika I Made Pria Dharsana, I Made Pria I Made Suwitra I Made Suwitra I Made Suwitra I Made Suwitra, I Made I Nyoman Alit Puspadma I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sujana I Nyoman Sukandia I Nyoman Sumardika I Wayan Kartika Jaya Utama I Wayan Muliawan I Wayan Rideng I Wayan Sujana I Wayan Wesna Astara I Wayan Wesna Astara I Wayan Wesna Astara I Wayan Wesna Astara I Wayan Wesna Astara Ida Ayu Gede Wulandari Ida Ayu Putu Sri Astiti Padmawati Ida Bagus Dwi Jusarata Ida Bagus Kade Ari Dwi Putra Indah Permatasari Indra Bambang Istadevi Utami Rahardika Jayanti, Ni Nyoman Tri Johannes Ibrahim Kosasih Kadek Windy Candrayana Karma, Ni Made Sukaryati Ketut Putri Oka Suari Komang Vegayanthi Kosasih, Prof. Dr. Johannes Ibrahim Kusuma, Rizka Tiara Kusumantara, I Komang Arya Laksmi, Anak Agung Rai Sita Leonito Ribeiro Luh Made Mahendrawati Luh Made Mahendrawati Made Indira Sukma Dewi MAHENDRA, I Komang Arya Sentana Muliana, I Wayan Ni Gusti Ketut Sri Astiti Ni Gusti Ketut Sri Astiti Ni Komang Arini Styawati Ni Made Yunika Andrini Ni Made Yunika Andrini Ni Nengah Seri Ekayani Ni Putu Dewi Susilawati Ni Wayan Sukalandari Novyanti, Ni Wayan Regina NP Budiartha Nyoman Putu Budiartha Prabhawisnu, Anak Agung Gede Krisna Pradnyandari, Ida Ayu Anggita Puspadma, Dr. I Nyoman Alit Putra, Gede Bagus Andika Putra, I Putu Adi Adnyana Putu Budiartha, I Nyoman Putu Emma Viryasari PUTU IKA WAHYUNI Putu Wira Atmaja Putu Yudha Asteria Putri Raymundo, Carlos M. Ribeiro, Leonito Ryan Permana Wijaya Sanjaya, Ray Dio Selamet, I Ketut Sentelices, Leovigildo C. Shicilya, Wanda Simon Nahak Souissa, Marsella Maurin Styawati, Ni Komang Arini SUGIANA, Surya Sujana, I Nyoman Sumardika, I Nyoman Suryani, Ni Luh Putu Manik Susanthi, I Gusti A.A. Dian Toto Noerasto Vibandor, Demosthenes B. Vibandor Villafuerte, Marcelo Roland C. widia, ketut Widiati, Ida Ayu Putu Wijaya, I Kadek Merta Wijayani, Putu Megabalinda Pradnya Yanti, Ni Kadek Putri Yasaputri, Ni Putu Widari