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Komang Febrinayanti Dantes
Universitas Pendidikan Ganesha
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Bahasa Indonesia: Bahasa Indonesia Abidin, Ahmad Zainul; Dantes, Komang Febrinayanti; Suastika, I Nengah
Jurnal Ilmu Hukum Sui Generis Vol 4 No 1 (2024): Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v4i1.5017

Abstract

Abstract This research aims to find out, (1) how the regulations regarding land ownership disputes that are occupied unlawfully according to Indonesian Civil Law are regulated, and (2) how the Judge considers them in Decision Number 5/Ptg.G/2019/PN Krs who adjudicates dispute cases related to land grabbing in Temenggungan village. The type of research used is normative juridical which has a qualitative descriptive nature. The type of research approach involves a statutory approach, a conceptual approach and a case approach. The data collection technique used is document study, case approach, legislation. The results of the research show that (1) Regarding disputes over land ownership that is occupied unlawfully by Indonesian Civil Law, it has been regulated in Government Regulation No. 5 of 1960 concerning Agrarian Principles and No. 51 of 1960 concerning the prohibition of using land without permission, as well as Government Regulation No. 24 of 1997. As a result of the many regulations, the resolution of ownership disputes that are illegally occupied uses the legal basis of Article 160 HIR, Article 1865 KHPerdata, Article 1925 KHPerdata, Article 1361 Civil Code, and Decision of the Supreme Court of the Republic of Indonesia Number: 3909 K/Pdt/1994. (2) In the judge's decision Number 5/Ptg.G/2019/PN Krs, it is stated that the plaintiff is the legal owner of the 1330M² plot of land as stated in the sale and purchase deed Number 210/JB/KREJENGAN/VII/2007, dated 12 July 2007 , made by PUDJI ASTUTI, SH. PPAT in Kraksaan.
IMPLEMENTASI PASAL 3 UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA TERHADAP HAK ULAYAT ATAS TANAH DI DESA ADAT YEH SANIH Putri, Made Kharisma; Dantes, Komang Febrinayanti; Adnyani, Ni ketut sari
Jurnal Ilmu Hukum Sui Generis Vol 4 No 1 (2024): Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v4i1.5021

Abstract

This research generally to reveal related problems contained in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, Especially examining the provisions of Article 3 of the UUPA on customary rights to Pelaba pura land in Yeh Sanih Traditional Village and analyzing legal certainty and efforts of the Yeh Sanih Traditional Village community in maintaining customary rights to Pelaba pura land in Yeh Sanih Traditional Village. To facilitate this research, the method used is empirical legal research with the nature of the research, namely descriptive. The research location was conducted in Yeh Sanih Traditional Village using data collection techniques through observation, interviews, document studies. Determination of the sample of this research using purposive sampling so that the sample can represent the research objectives and prevent the exit from the topic od discussion and the results obtained are relevant and accurate. The result of the study were processed using qualitative analysis. With the help of this research method, the results obtained are the respect for customary rights has been regulated in Article 3 of the UUPA along with the state constitution. With the existence of Pelaba pura land located in the territory of the Yeh Sanih customary village, it proves that the Yeh Sanih Customary Village has the right of the land based on Bali Provincial Regulation Number 4 of 2019 concering Customary Villages and even though it does not yet have a certificate but there is already evidence of ownership for generations. To ensure legal certainty of pelaba pura land, land registration is needed. Pelaba pura land registration will be included in customary land registration in village asset. Suggestions can be given to provide more information regerding the importance of land registration, especially on village assets so that villages can collect land data on village assets that do not yet have certificates so that rights to the land can be protected,
EFEKTIVITAS PROSES MEDIASI DALAM MENGURANGI PERKARA PERCERAIAN DITINJAU DARI PERMA NOMOR 01 TAHUN 2016 TENTANG PEDOMAN MEDIASI DI PENGADILAN (Studi Kasus di Pengadilan Negeri Singaraja) dewi, Ni Ketut Dessy Fitri yanti; Lasmawan, I Wayan; Dantes, Komang Febrinayanti
Jurnal Ilmu Hukum Sui Generis Vol 4 No 2 (2024): April, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v4i2.5026

Abstract

This examination makes sense of exhaustively the adequacy of the intercession cycle in decreasing separation cases as far as PERMA Number 01 of 2016 concerning Rules for Intercession in Court. The point of this exploration is to examine whether PERMA Number 01 of 2016 is viable in decreasing separation cases through the intervention cycle at the Singaraja Locale Court. The sort of examination utilized is an exact juridical exploration with distinct exploration attributes. The Singaraja District Court served as the setting for this investigation. The information assortment methods utilized were record concentrate on strategies, perception, and meetings. Subjective information handling and investigation strategies. The examination results show that the execution of the intervention cycle is as per PERMA, notwithstanding, the outcomes, the achievement pace of intercession is still exceptionally low. The litigants' failure to attend the mediation process is typically to blame for mediation failures at the Singaraja District Court. So it is important to understand the disputants that the intervention cycle is vital, particularly in separate cases.
AKIBAT HUKUM PERCERAIAN TERHADAP KEDUDUKAN LAKI-LAKI DALAM PERKAWINAN NYENTANA MENURUT PERSPEKTIF HUKUM ADAT BALI (STUDI KASUS DESA PENARUKAN, KERAMBITAN, TABANAN) Pradnyamita, Ni Made Sulistia Dwi; Ratna Artha Windari; Dantes, Komang Febrinayanti
Jurnal Ilmu Hukum Sui Generis Vol 4 No 4 (2024): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v4i4.5037

Abstract

This study aims to determine (1) the position of sentana peperasan in inheritance right in Yeh This study aims to understand the position of men in nyentana marriages when divorce occurs from the perspective of Balinese customary law. Marriage is considered very important in any dimension, marriage can be said to be an irregular culture that develops in accordance with the times, therefore marriage is regulated by tradition, religion and state institutions. In Bali itself, there are 2 (two) types of marriage that are commonly carried out, namely ordinary marriage and nyentana marriage, where in a nyentana marriage there is a change in position between the man and the woman. In a nyentana marriage the man changes his status as a woman and the woman changes her status as a man, then when a divorce occurs in a nyentana marriage there will be the term duda mulih truna or what can be called mulih daha. Where a man who divorces in a Nyentana marriage will return to his original home without bringing any of his wife's inherited assets based on Balinese customary law, then the man who returns to his original home from a Nyentana marriage will be accepted back by his parents but will not have the position of an heir. Absolutely return to his original home and continue to carry out obligations to his original family.
PERLINDUNGAN HUKUM TERHADAP KREDITUR PADA SEWA MENYEWA TANAH PERTANIAN DENGAN PEMBAYARAN BAGI HASIL DI DESA GIRI EMAS, KECAMATAN SAWAN, KABUPATEN BULELENG Ni Nyoman Rini Permatasari; Dantes, Komang Febrinayanti; ardhya, si ngurah
Jurnal Ilmu Hukum Sui Generis Vol 4 No 4 (2024): Oktober, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v4i4.5038

Abstract

This research is aimed at finding out and analyzing (1) Legal protection for creditors who experience losses in renting agricultural land with profit sharing payments in Giri Emas Village, Sawan District, Buleleng Regency. (2) Legal consequences for debtors who default on agricultural land rental agreements with profit sharing payments in Giri Emas Village, Sawan District, Buleleng Regency. This research uses research methods. This research uses empirical legal methods which have descriptive research characteristics. The research location was carried out in Giri Emas Village, Sawan District, Buleleng Regency using data collection techniques through document study, observation and interviews. The sampling technique uses a purposive sampling method. The research results obtained were analyzed using qualitative analysis. The results of this research are (1) Protection of Creditors or Land Owners, namely that during the term of the agreement, sharecroppers have the right to work on the land concerned and receive a share of the profits from the land in accordance with the agreement between the two parties. The cultivator is obliged to hand over the land back to the owner and hand over a share of the proceeds from the land managed in good condition at the end of the term of the production sharing agreement. (2) Regarding defaults committed by the Debtor due to overmacht, the Debtor is not obliged to provide compensation even though from the results of research the debtor or cultivator continues to carry out its obligation to pay profit sharing. In accordance with the risk provisions in the rental contract as seen in Article 1553 of the Civil Code, it places both parties to bear the risk in a situation of force (overmacht), without the right of the party who feels aggrieved to ask for compensation.
IMPLEMENTASI PERAN JAKSA PENGACARA NEGARA DALAM MEMBANTU MASYARAKAT UNTUK MENYELESAIKAN PERKARA PERDATA DI KEJAKSAAN NEGERI BULELENG Putra, I Komang Tri Mega Rastika; Dantes, Komang Febrinayanti; Dewa Bagus Sanjaya
Jurnal Ilmu Hukum Sui Generis Vol 5 No 1 (2025): Januari, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v5i1.5043

Abstract

This research explains aims to (1) help provide understanding to the community in the Buleleng Regency regarding the duties and authority of State Prosecutor Lawyers in assisting the community to resolve civil cases and (2) assist in evaluating the performance of State Prosecutor Lawyers in providing civil legal assistance to the community. This research is an empirical and descriptive study, critically aimed at analyzing relevant legal facts and describing them in detail. The results of the research are (1) a lack of understanding about the duties and role of State Prosecutor Lawyers among the community leads to the ineffective implementation of Law Number 7 of 2021, especially regarding civil legal assistance provided by State Prosecutor Lawyers to the community. (2) Implementing Law Number 7 of 2021, State Prosecutor Lawyers encountered several obstacles such as the lack of community participation in consulting their civil issues with State Prosecutor Lawyers due to the community's ignorance about the legal assistance that State Prosecutor Lawyers can provide, thus the solution provided in this study is to increase socialization both directly and through electronic media such as television and radio. If the community has a better understanding of the legal assistance provided by State Prosecutor Lawyers, the result would be that the community finds it easier to resolve their civil issues and, of course, Law Number 7 of 2021, especially regarding the legal assistance that State Prosecutor Lawyers can provide to the community, can be effectively implemented for all segments of society in the Buleleng Regency.
AKIBAT HUKUM WANPRESTASI TERHADAP PERJANJIAN JUAL-BELI ATAS HASIL PERKEBUNAN JERUK DI DESA MANGGUH KECAMATAN KINTAMANI KABUPATEN BANGLI I Kadek Darmana Adi Putra; Ratna Artha Windari; Dantes, Komang Febrinayanti; Kusuma, Putu Riski Ananda
Jurnal Ilmu Hukum Sui Generis Vol 5 No 1 (2025): Januari, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v5i1.5045

Abstract

This research aims (1) to find out and analyze the legal consequences of default in sales and purchase agreements for orange plantation products in Mangguh Village, Kintamani District, Bangli Regency. (2) to find out and analyze what legal remedies can be taken in the event of a breach of contract in the sale and purchase agreement for the orange plantation harvest in Mangguh Village, Kintamani District, Bangli Regency. The type of research used by researchers is empirical legal research, which is qualitative in nature with research locations in Mangguh Village, Kintamani, Bangli. The data sources in this research are primary data from interviews, secondary data from statutory regulations, journals, articles, literature and scientific papers that are relevant to the main problem being studied. Data collection techniques in this research were carried out using observation, document study and interviews. The sampling technique used is the Non-Probability Sampling technique and the subject | 2 determination uses the Purposive Sampling technique. Data processing and analysis techniques are used qualitatively. The results of the research show that (1) the legal consequences that arise from the default that occurs are losses on the part of the farmer as the seller, therefore the seller has the right to demand that the performance be fulfilled in accordance with the provisions of Article 1267 of the Civil Code, along with compensation for the losses suffered. by the seller in accordance with the provisions of Article 1243 of the Civil Code. (2) Legal efforts can be classified into two forms, namely litigation and non-litigation. However, based on the conditions in the field, legal remedies that can be taken by the aggrieved seller include negotiations, mediation, and filing a lawsuit in court.
IMPLEMENTASI PASAL 1365 KUH PERDATA ATAS HAK AHLI WARIS SEBIDANG TANAH BERDASARKAN SURAT TANAH TRADISIONAL DI DESA JATILUWIH Agus David Trsitan Ananta; Kusuma, putu riski ananda; setianto, muhamad jodi; Dantes, Komang Febrinayanti
Jurnal Ilmu Hukum Sui Generis Vol 5 No 1 (2025): Januari, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v5i1.5047

Abstract

those who are proven guilty based on Article 1365 of the Civil Code are obliged to compensate for these losses. The problem is how someone is liable for losses resulting from PMH that has been carried out, regarding a plot of land owned by the sole heir who has the marital status of Sentana Rajeg Putrika, based on the old right to the land in the form of a Petok D Land Certificate in the name of his late mother. This research aims to find out (1) the implementation of Article 1365 of the Civil Code in Jatiluwih Village (2) What are the efforts and obstacles of heirs in obtaining rights to their land. The location of this research was carried out in Jatiluwih Village using an empirical legal research system. The technique used in this research is a non-probability technique and the method used to determine research subjects is the Purposive Sampling technique. The results of the research show that the implementation of Article 1365 of the Civil Code in Jatiluwih Village has never been used to resolve cases classified as Unlawful Acts (PMH) because the majority of people in Jatiluwih Village and also Jatiluwih Village Officials do not know or understand the existence of this article. , so that all case resolution in Jatiluwih Village is limited to the mediation level carried out at the Jatiluwih Village Office which is closed with a Letter of Agreement between the two parties in conflict. Regarding the efforts made by the heirs in obtaining rights to their land, it actually needs to be appreciated because the heirs concerned have tried to carry out the objectives of the creation of Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Agrarian Principles Regulations regarding the conversion of old rights to become Freehold Title. It's just that in this research, the heir experienced an obstacle caused by the head of the hamlet concerned who had a basic misunderstanding of the law by not trusting authentic evidence which showed that the heir was the sole heir to the plot of land which was carefully researched and committed acts of abuse of power.
IMPLEMENTASI KETENTUAN PASAL 18 UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN TERKAIT PENGGUNAAN KLAUSULA EKSONERASI PADA BUKTI TRANSAKSI BARANG DI KOTA SINGARAJA Ni Luh Eniasih; Dantes, Komang Febrinayanti; ardhya, si ngurah
Jurnal Ilmu Hukum Sui Generis Vol 5 No 2 (2025): April, Jurnal Ilmu Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jih.v5i2.5052

Abstract

This study aims to analyze and review the implementation of the provisions of Article 18 Paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection against the Use of Exoneration Clauses in goods businesses in Singaraja City. In practice, business actors reject the demands of consumers who experience losses due to the products they sell. The refusal of business actors is stated in the form of an exoneration clause on the proof of transaction. The type of research used in this study is empirical juridical research that is descriptive. The determination of the sample used is non-probability sampling in the form of snowball sampling. Data collection techniques are carried out by observation, interviews, questionnaires, and document studies. Based on the research conducted, it can be seen that the implementation of the provisions of Article 18 Paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection has not been effectively implemented by goods business actors in Singaraja City in Singaraja due to weak supervision carried out by legal structures and weak legal culture of the community, namely business actors and consumers related to understanding of the provisions for the use of standard clauses. The factors that cause business actors to include exoneration clauses in their transaction proofs are business actors' concerns about consumer behavior in bad faith, business policies, lack of legal awareness of business actors on the use of exoneration clauses, and the absence of socialization regarding the use of standard clauses.
PERLINDUNGAN HUKUM BAGI PEMBELI ATAS TANAH REDISTRIBUSI YANG DIALIHKAN SECARA MELAWAN HUKUM (Analisis Putusan Pengadilan Nomor 170/PDT/2019/PT.DPS) Ariyuda, I Made; Kusuma, Putu Riski Ananda; Dantes, Komang Febrinayanti
Jurnal Ilmu Hukum Sui Generis Vol 5 No 3 (2025): Juli, Jurnal Hukum Sui Generis
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research analyzes the complexity of the problem of unlawful redistribution land transfers and the protection efforts for aggrieved buyers. The main focus is to understand the extent to which the Indonesian positive legal framework protects third parties, especially buyers, in land sales and purchases that are declared invalid. In addition, this study analyzes the legal considerations in Denpasar High Court Decision Number 170/PDT/2019/PT.Dps related to the transfer of redistributed land. The purpose of this study is to provide concrete legal recommendations to strengthen the legal position of buyers in the transfer of rights to redistributed land that is not in accordance with the provisions. Using normative legal research methods with statutory, case, and conceptual approaches, data is collected through literature studies and regulatory documents and court decisions. The study found that the transfer of rights in the case under study was done without authorized consent, making it an illegal act. The judge declared the sale invalid and returned the land rights to the rightful heirs. However, the study also uncovered a normative void in the regulation that explicitly provides legal protection for unauthorized purchasers of redistributed land. This absence of regulation creates legal uncertainty and places buyers in a vulnerable position, often incurring financial losses without adequate remedy mechanisms. Through a normative legal approach, this study emphasizes the need for regulatory reform. Recommendations include strengthening preventive legal protections, such as increased transparency of land data, public education, active role of PPAT in verification, and special markings on redistribution certificates. In addition, repressive protection through civil suits for compensation and criminal sanctions for perpetrators of manipulation are also needed. This reform is essential to create legal certainty and ensure justice for all parties in land redistribution transactions in Indonesia.
Co-Authors Abidin, Ahmad Zainul Agus David Trsitan Ananta Agus Wibawa, Komang Pendi Alifia Devi Erfamiati Ananda Kusuma, Putu Riski Ardhya, Si Ngurah Ariyuda, I Made Ary Sutha, M. Berita Astary, Komang Trisma Berlianthi Astuti, Ni Putu Winda Ayu Apsari Hadi, I Gusti Ayu Dewi Rachmawati Ayu Indirakirana Bagaskara P., Ketut Krisna Hari Beatrix Hutasoit Beny, I Kadek Darmaputra, Gusti Ngurah Dedy Satrawan, Made Dewa Ayu Eka Agustini Dewa Bagus Sanjaya dewi, Ni Ketut Dessy Fitri yanti Dewi, Ni Nyoman Ayu Pulasari Dimas Putu Passadena Vialli Efrilius Kantriburi Feryantini, Ni Kadek Diah Gede Pupung Januartika Gede Rediastika Hadi, I Gusti Apsari Hadi, I Gusti Ayu Apsari Huizhao, Zhuo Hutasoit, Beatrix I Gede Hendrawan Saputra I Gusti Apsari Hadi I Kadek Beny I Kadek Darmana Adi Putra I Kadek Krisna Pradipta I Kadek Partayasa I Komang Andi Antara Putra I Made Juliawan Wisnu Nugraha I Nengah Suastika I Putu Aditya Darma Putra I Wayan Lasmawan I Wayan Pardi Ida Bagus Ariadi Rahadita K. Hendra Mahesa Ketut Jodi Mahendra Komang Deva Jayadi Putra Komang Pendi Agus Wibawa Komang Putrayasa Komang Srishti Pranisa Krisna Pradipta, I Kadek Kusuma, Putu Riski Ananda Livia Annisa Chintyauti Lucky Rahul Ferdian M. Berita Ary Sutha M.Si Drs. Ketut Sudiatmaka . Made Bagas Ari Kusuma D Made Dedy Satrawan Made Sugi Hartono Made Wijaya Kusuma Manurung, Rajuniper Maria Avelina Abon Meilin Loviana Dewi Muhammad Kemal Fasya Muhammad Reza Saputra Ni Desak Kadek Arianti Ni Kadek Diah Feryantini Ni Kadek Dian Yunita Adi Wardani Ni Ketut Sari Adnyani Ni Komang Arie Suwastini Ni Luh Eniasih Ni Made Risma Damayanthi Ni Nyoman Ayu Pulasari Dewi Ni Nyoman Rini Permatasari Ni Putu Dewi Laurina Ni Putu Krisna Dewi Ni Putu Nita Sutrisna Dewi Ni Putu Rai Yuliartini Ni Wayan Surya Mahayanti Nugraha, I Made Juliawan Wisnu Nurlisa Putri Sawaki, Andini Ocnineteen Louisito Vernando Oktha Wardi Purba Paulus Revel Gian Raditya Dheasaputra Pelawi, Mesikel Perwira Negara, Putu Bhaskara Pradnyamita, Ni Made Sulistia Dwi Purwanti, Ni Komang Ratna Putra, I Komang Tri Mega Rastika Putra, I Putu Aditya Darma Putrayasa, Komang Putri, Made Kharisma Putu Bhaskara Perwira Negara Putu Dipa Satria Dana Putu Zeva Angelina Rachmawati, Ayu Dewi Ratna Artha Windari Saifur Rauf Satria Dana, Putu Dipa Setianto, Muhammad Jodi Siregar, Anil Refalzey Srishti Pranisa, Komang Varda Oktavia Ramdani Vernando, Ocnineteen Louisito Wardani, Ni Kadek Dian Yunita Adi