I Ketut Wirta Griadhi
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UPAYA PERLINDUNGAN HUKUM TERHADAP DESA PAK-RAMAN SEBAGAI KESATUAN MASYARAKAT HUKUM ADAT DI BALI DALAM PENGUASAAN DAN PERALIHAN TANAH ADAT Wirta Griadhi, I Ketut
VYAVAHARA DUTA Vol 6, No 2 (2012): VYAVAHARA DUTA
Publisher : VYAVAHARA DUTA

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Abstract

Abstract            Land in Balinese people’s view has an important status in its relation to the whole aspect of the people’s life.  Based on this view, in adat community, especially in Bali, land put into the right of the community, and the land itself called tanah adat.            After the agrarian regulation called Undang Undang Pokok Agraria (UUPA), year 1960, the adat land which is included into the Ulayat Right (Hak Ulayat), still recognised by the Indonesian Nation. But in the time proces one question rises likely how to protect the desa adat (or desa pakraman in Bali) in its relation to the community right  on the adat land and in its transaction with the other subject.            This question could be answered by identifying the agrarian regulation in Indonesian law system, and also on the judge descision. Based on agrarian regulation and also on judge descision, the existence of the adat land and the power of the community on the adat land is still powerfull as Ulayat Right (Hak Ulayat) which recognise through the article 3 and 5 of the UUPA. There are no need to change the form of the community land right based on convertion regulation, because the ulayat right is still powerfull.
SENGKETA TANAH SETRA DAN PENYELESAIANNYA (STUDI KASUS SENGKETA BANJAR ADAT AMBENGAN DENGAN BANJAR ADAT SEMANA UBUD KABUPATEN GIANYAR) Sri Haryanti Dewi Witari, I Gusti Ayu; Wirta Griadhi, I Ketut; Oka Parwata, A. A. Gde
Kertha Desa Vol. 01, No. 02, Juli 2013
Publisher : Kertha Desa

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Abstract

Dispute of grave land (setra) was occurred at customary village of Ambengan with customary village of Semana on 31 May 2007, its began from cutting of three coconut tree and one blalu tree at setra area by the member of customary village of Semana but didn’t got permit from the member of the customary village Ambengan, the incident more and more develop until happened physical contact and each others claim about ownership of the grave land. The incidence arise a question what was its background and what factors that influence the dispute of grave land? and how is its solution and its implementation?.The method have been used is emperical juridic with case, fact, and history approach to know the existing problem. Its solution was by conduct mediation by the government of Gianyar regency by issued a affirmation letter until signed an harmony by both parties.