Articles
<![CDATA[Dampak Konversi Dalam UUPA Terhadap Status Tanah Adat Di Bali ]]>
<![CDATA[I Made Suwitra]]>
<![CDATA[ Jurnal Hukum IUS QUIA IUSTUM Vol. 17 No. 1 (2010) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/iustum.vol17.iss1.art5
<![CDATA[The stipulation of the conversion in UUPA (Agrarian Basic Laws), on the one hand is meant to guarantee that there is a law of land ownership which was mostly unsure before, especially for those who individually own their land hereditarily without formal or legal document. Conversion, on the other hand can affect that some traditional land which is informally owned before can be owned by right. The next effect is that the communal and religious duties in the fo =rm of “ayahan” which is attached to the land before disappears and changes into secular, private ownership. Beside that, traditional land belonging to traditional villages becomes less and if this condition is not handled or taken care of, it can threaten the traditional village itself. It seems that the anxiety has just been newly realized so that it brings conflict for the land ownership in Bali and this problem continuous until now and even can be seen in the villages in the traditional villages in every regency in Bali.Key words : conversion, traditional land, land ownership conflict]]>
<![CDATA[Model Pendaftaran Hak Atas Tanah Pauman Sebagai Pemberian Raja untuk Pelestarian Warisan Nilai Budaya di Kabupaten Karangasem ]]>
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Nyoman Sukandia]]>;
<![CDATA[I Made Minggu Widyantara]]>;
<![CDATA[Ni Putu Sawitri Nandiri]]>
<![CDATA[ PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 4, No 2 (2017): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Padjadjaran ]]>
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<![CDATA[Tanah merupakan salah satu bagian terpenting bagi masyarakat. Keterikatan masyarakat dengan tanah yang dipijak semakin kentara bagi suatu masyarakat adat. Tidak jarang kepemilikan atas tanah adat pun berpotensi menimbulkan konflik, sebagaimana yang akan dibahas dalam artikel ini. Tanah Pauman merupakan objek pembahasan tulisan ini dan secara spesifik akan dibahas bagaimana model pendaftaran hak atas tanah dalam perspektif Hukum Agraria Nasional dan implikasi pendaftaran tersebut. Dari hasil penelitian ditemukan bahwa konversi tanah pauman dengan menggunakan ’Pura Pauman’ sebagai subjek hak merupakan model pendaftaran menurut Undang-Undang Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria yang mampu melestarikan ’pemilikan komunal pauman’ serta aspek kepastian hukum, perlindungan, kemanfaatan sekaligus sebagai upaya pelestarian warisan nilai budaya. The Model of Registration on The Right of Pauman Land as King’s Rewards to Preserve The Cultural Heritage in Karangasem District AbstractLand is among the most important aspect of a community. It is even more evident in the tight-knit relationship between indigenous people and their land. Unfortunately, there are often conflicts regarding ownership of indigenous land as will be discussed in this article. This article will be discussing the issues regarding Pauman Land, specifically how is the model of land registration under the Basic Agrarian Law perspective and the implications that will follow. The result of the research shows that the conversion of Pauman Land by using ‘Pauman temple’ as a subject of right is the registration model pursuant to Basic Agrarian Law which is able to preserve ‘pauman communal ownership’ as well as legal certainty aspect, protection, expediency as the effort of heritage cultural value at once. Keywords: legal certainty, cultural value, heritage cultural preservation, land registration, Pauman land. DOI: https://doi.org/10.22304/pjih.v4n2.a10]]>
<![CDATA[Pemusnahan Uang Rupiah dalam Upacara Pitra Yadnya di Bali Perspektif Undang-Undang Nomer 7 Tahun 2011 ]]>
<![CDATA[I Made Agus Mertajaya]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2537.409-415
<![CDATA[This study aims to determine the application of sanctions to the perpetrators of the crime of destroying money in the pitra yadnya ceremony. The phenomenon that is happening now is that many Hindu people in Bali burn rupiah currency in the pitra yadnya ceremony on the grounds that it is a provision for the person being ceremonied. Grounded by the phenomenon the stuy examines two issues: a) how is regulate the destruction of money regulating in the to law Law Number 7 of 2011 concerning Currency, b) whether or not the burning of money as a fundametal provision in the pitra yadnya ceremony is classified as a criminal act. In conducting this research, the authors use normative the research method and statutory approachs and conceptual approach. Furthermore, the legal materials that have been collected are processed using the descriptive analysis method. The results showed that the regulation on the destruction of rupiah currency contained in Article 1 paragraph (10) of Law Number 7 of 2011 and Article 11 paragraph (1) to Article 11 paragraph (4) also regulates the destruction of rupiah. Burning money as a provision in the pitra yadnya ceremony cannot be classified as a criminal act because it does not fulfill the criminal element, namely the element of the intent of the act being committed and the inner will of the person burning the money in question. Apart from that, this also gets the penalties written off because they are considered connected to the public interest.]]>
<![CDATA[Kedudukan Sumpah Pemutus dalam Pembuktian Sengketa Tanah Waris ]]>
<![CDATA[I Gusti Ayu Maha Patni]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2563.315-319
<![CDATA[This study is motivated by the phenomenon of inherited land disputes that often occur in the community. When the distribution of inheritance is not fair, the heirs can file a lawsuit in court according to the choice of law, both in western civil law and in customary law. This study aims to determine the procedure for the breaker's oath in inherited land disputes and to analyze the power of proof of the breaker's oath in inherited land disputes. This study uses a normative research method with the aim of analyzing the obscurity of norms regarding the proof of the breaker's oath. The data used comes from legal materials such as statutory regulations, Civil Code, HIR or RBg and Jurisprudence. The results of the analysis show that the procedure for the breaker's oath in inherited land disputes is the breaker's oath (oath decisoir) which is charged at the request of one party to the opponent. The types of breaking oaths or decisoir oaths can be in the form of pocong oaths, pulpit vows, pagoda oaths, and cast oaths which are known in Hindu society in Bali. An oath of decision making in inherited land disputes, namely an oath of decision made when there is no attempt to prove anything in a case. Then, the power of proof of the breaker's oath is seen in Decision Number 148 / PDT.G / 2016 / PN GIN, that the power of proof of the breaker's oath has the power to decide cases or disputes which have the value of perfect proving power, binding and determining]]>
<![CDATA[Implementasi Peraturan Daerah Provinsi Bali Nomor 16 Tahun 2009 Tentang Rencana Tata Ruang Wilayah Provinsi dalam Penguasaan dan Pemanfaatan Wilayah Pesisir ]]>
<![CDATA[Ni Wayan Kertiasih]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Nyoman Sujana]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 1 No. 2 (2020): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.1.2629.436-442
<![CDATA[This research aims to analyze the implementation of local regulations regarding Bali province Number of 16 2009 about Spatial Plan Area of Bali in the mastery and the utilization of the coastal area associated with mastery and authority utilization over the coastal areas as well as analyzing the related strategies of mastery and the utilization of the coastal area. The type of research used in the form of empirical legal research, using the approach the approach to legislation, a legal concept analysis approach, the approach of anthropological approach and the case law. The data source of this research was obtained from primary data and secondary data, collected with the stages through the interview techniques and engineering studies and subsequent documents processed and analyzed qualitatively with systematic way, classified in the pattern and themes, classified, connected between each other, to understand the significance of data interpretation in social situations, and the interpretation of the overall data quality. Research results show that the authority of the mastery and the utilization of the coastal area after the passage of the ACT Government is the authority of the Central Government and the regional Government of the province which is practically given delegates to the district/city Governments overseeing the mastery and its utilization by local community. Setting against the mastery and the utilization of the coastal area of Bali should be established with local regulations, and as it is known that these provisions (RZWP3K settings) are still in the drafting stage so that the top recommendations submission of mastery and the utilization of the coastal area in the province of Bali has yet to be implemented effectively.]]>
<![CDATA[Kedudukan Suami Menurut Hukum Waris Bali dalam Perkawinan Nyeburin di Desa Adat Peliatan Ubud Gianyar ]]>
<![CDATA[Cokorda Gde Yudha Putra]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[Gayatri Sudibya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3227.303-308
<![CDATA[Balinese men are the successors of the lineage / continuation of the future of the family so that a family continues to have descendants and does not experience extinction. However, these hopes cannot come true if the married couple cannot give birth to a son or even have no children or offspring at all. The purpose of this study was to determine the law of Balinese inheritance in nyeburin marriages in the traditional village of Peliatan. The formulation of the problem in this study is what is the position of the husband in the Nyeburin marriage according to the Awig-Awig of the Peliatan Traditional Village and the factors that encourage the implementation of the Nyeburin marriage in the Peliatan Traditional Village. The type of research used is empirical using a sociological approach, statutory approach, conceptual, case and customary law approaches. The data sources obtained from this research are primary data from interviews and observations and secondary data from Awig-awig traditional villages, legislation and related research. The results of the research include the husband's position as predana in intermarriage according to the Awig-Awig of the Peliatan Traditional Village, if the marriage breaks either those who still live at their wife's house or who have returned to their original home (mulih deha / truna), no one has explicitly regulated in positive rule of law. The factors that encourage the implementation of the Nyeburin marriage in the Peliatan Traditional Village are due to the request of the woman's parents due to not having a son and only having a daughter, a factor that comes from the male side (as predana), namely because of mutual love between the two both sides.]]>
<![CDATA[Eksistensi Perkawinan Endogami di Desa Adat Tenganan Pegringsingan Karangasem ]]>
<![CDATA[I Gede Bagus Indra Baskara]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 2 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.2.3259.379-383
<![CDATA[Bali is an area that has its own uniqueness and traditions in each village, including marriage. The traditional village of Tenganan has different characteristics and traditions from other villages, namely that the marriage system must be endogamous. This study aims to explain the status of village manners for men who marry women from outside Tenganan Village and to find out the customary sanctions for men who marry women from outside Tenganan Village. The research was designed with empirical legal research, with a sociological juridical approach, a statutory approach. The data used are primary data and secondary data. The research location is in the Tenganan Traditional Village, Manggis District, Karangasem, Bali. Data obtained using non probability sampling techniques, observations, interviews. Furthermore, the data is processed and analyzed descriptively qualitatively. The results showed that marriages between men from Tenganan Village and women from outside Tenganan Village who can still be invited in Tenganan Village are women who have caste or come from Pasek residents. Sanctions for men from Tenganan Village who marry women from outside Tenganan Village are in the form of sanctions decreasing the status of krama, from village krama to krama gumi home no longer becoming village manners and also not taking part in ngayah at Bale Agung Temple.]]>
<![CDATA[Tradisi Kawin Tangkap (Piti Rambang) Suku Sumba di Nusa Tenggara Timur ]]>
<![CDATA[Elanda Welhelmina Doko]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[Diah gayatry Sudibya]]>
<![CDATA[ Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/jkh.2.3.3674.656-660
<![CDATA[The tradition of capture marriage (Pitti Rambang) of the Sumbanese tribe in East Nusa Tenggara still exists and is carried out continuously with the forced marriage of Sumba women which causes the victim to experience physical, sexual, psychological and social violence. That a strong and inevitable tradition in the culture of the Sumbanese people, who still have a patriarchal culture, upholds customs and this culture facilitates the men. The purpose of this study was to examine the existence of the tradition of mating capture (Pitti Rampang) of the Sumbanese tribe in East Nusa Tenggara and to discuss the factors that influence interbreeding. The methods in this research are the statutory approach, the customary law approach, the concept approach, the legal sociology approach, and the case approach. The results showed that the occurrence of capture marriages (Pitti Rambang) was due to economic factors related to debt, social strata, trust and the level of understanding of the Sumbanese indigenous people towards positive law and the settlement process in this capture marriage was carried out through adat, namely from the stages of search, close the shame, knock on the door, traditional mats, religion (for those of other religions outside the Moruyu belief) until the final stage.]]>
<![CDATA[Pemberantasan Penyalahgunaan dan Peredaran Narkotika Melalui Pararem Desa Adat Pancasari ]]>
<![CDATA[Kadek Andy krisnanta]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Wayan Arthanaya]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.1.2178.13-18
<![CDATA[The increase in the spread of narcotics in Indonesia is influenced by the rapid population growth. Bali is one of the global tourist destinations and has become a spot for the spread of narcotics and other dangerous substances. The eradication of narcotics in the area in turn requires the synergy of various components in order to suppress and limit the space for dealers both small and large scale. The collaborative effort to eradicate the distribution and abuse of narcotics is carried out by BNNK Buleleng by cooperating with traditional villages through the issuance of a pararem concerning Narcotics in Desa Pancasari, the Sub-district of Buleleng. This research makes use of empirical legal methods. Data were analysed qualitatively, descriptively and systematically. The collaboration between BNNK Buleleng and the Desa Adat of Pancasari in the form of Pararem Number 01/DPP-II/2019 concerning Narcotics is used as a tool to eradicate the existence of narcotics with the aim to limit the space for spread starting from the smallest scope of society. Then, in terms of effectiveness, the Pararem Number 01/DPP-11/2019 in the eradication of narcotics abuse and circulation in the Desa Adat of Pancasari has been effective with the full support of the village government and indigenous peoples as well as the role of the BNNK Buleleng as a supervisor that until now there has been no violation of the Pararem in the indigenous villages of Pancasari.]]>
<![CDATA[Penerapan Sanksi terhadap Pelanggaran Awig-Awig di Desa Adat Bongkasa Pertiwi Kecamatan Abiansemal Kabupaten Badung ]]>
<![CDATA[A. A. Dwi Ani Agustini]]>;
<![CDATA[I Made Suwitra]]>;
<![CDATA[I Ketut Sukadana]]>
<![CDATA[ Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum ]]>
Publisher : <![CDATA[Warmadewa Press ]]>
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DOI: 10.22225/juinhum.1.2.2418.1-6
<![CDATA[Humans always live side by side and need other creatures to interact each other. They were created as social beings who cannot live alone. This research aims to analyze the existence of ngejot and the application of sanctions for violations in the Bongkasa Pertiwi Traditional Village. This type of research uses an empirical legal research with a sociological approach, a statutory approach, a concept approach and a case approach. The data in this study are primary data, namely data obtained from informants and respondents and secondary data using primary, secondary and tertiary legal materials. The results showed that the existence of ngejot in the Bongkasa Pertiwi Traditional Village, Abiansemal District, Badung Regency, currently prohibits the existence of the tradition of ngejot. Boosting is still a pro and contra in society because pushing is sometimes still practiced as a form (equalizing braya). Over time, the prohibition on driving can change and be adapted to the circumstances because it is flexible. With regard to the sanctions against the prohibition of boasting in the Bongkasa Pertiwi Traditional Village, a penalty of Rp. 1,000,000 (one million rupiah), apikul bass (100 kg) were required to be sinoman for 6 months and apologized in front of the people of Bongkasa Pertiwi Village. Even though the implementation of this ngejot is carried out only to the extent of ngejot aci for the completeness of the ceremony, it must be based on permission through Bendesa Adat.]]>
