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All Journal DiH : Jurnal Ilmu Hukum Jurnal Hukum Magnum Opus Sociological Jurisprudence Journal Jurnal Notariil KERTHA WICAKSANA Comvice : Journal of community service JAIM (Jurnal Abdi Masyarakat) JURPIKAT (Jurnal Pengabdian Kepada Masyarakat) Sultan Agung Notary Law Review AJARCDE (Asian Journal of Applied Research for Community Development and Empowerment) Jurnal Konstruksi Hukum Jurnal Preferensi Hukum (JPH) Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Postgraduated Community Service Journal Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Legal and Cultural Analytics (JLCA) Law Doctoral Community Service Journal Journal of Law, Poliitic and Humanities Protection: Journal Of Land And Environmental Law International Journal of Law, Crime and Justice Jurnal Analogi Hukum KREATIF: Jurnal Pengabdian Masyarakat Nusantara
I Wayan Kartika Jaya Utama
Fakultas Hukum, Universitas Warmadewa, Denpasar, Indonesia
Agriculture, Biological Sciences & Forestry Humanities Dentistry Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : Protection: Journal Of Land And Environmental Law

 1 
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.
Independent Development Model for Village Land Asset Management In Segara Kodang by Sesetan Village UTAMA, I Wayan Kartika Jaya; WIRYANI , Made
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.v1i3.851

Abstract

Efforts to improve the welfare and independence of Krama Desa Adat through increasing the role of traditional villages are very appropriate, especially in Bali. Based on the Regional Regulation of Bali Province Number 4 of 2019 concerning Customary Villages, Sesetan Traditional Village manages its land assets through the independence of indigenous village communities with the aim of forming a legal forum in the form of providing legal certainty for efforts to develop Small and Medium Enterprises in empowering customary village land assets. Based on the above, the main problems studied in this study can be formulated, namely: How to improve village land management to create multi-management to empower indigenous peoples' businesses to achieve independent customary villages. The method used in this study is the Empirical method. For the Development of Small and Medium Enterprises in the Legality of Land Asset Management, the Village uses the purpose of access reform conceptualized by Tri Hita Karana in managing access reform which aims to prosper indigenous peoples and relieve the community in carrying out these customs. Focusing on empowering access reform with the concept of Tri Hita Karana in preserving the surrounding environment.
Ownership of Land Ownership Rights by Traditional Villages Viewed from Indonesian Law IRIANTORO, Agung; UTAMA, I Wayan Kartika Jaya
Protection: Journal Of Land And Environmental Law Vol. 3 No. 3 (2025): Protection: Journal Of Land And Environmental Law (March – June 2025)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i3.974

Abstract

Transfer of land rights and review of Indigenous Villages' position as land rights owners based on Indonesian positive law. This writing includes normative legal research or what is usually called 'library research', namely research by examining secondary materials or data regarding research on legal principles, research on legal systematics, research on the synchronization stages of vertical and horizontal norms, harmonization of law and legal history. The provisions of the transfer of rights to land under the UUPA as a legal act of transfer of land rights are deliberately carried out so that the right is independent of the holder and transferred to another party. Customary villages, as owners of property rights to land reviewed under the law, can be domiciled as legal subjects of land rights owners, usually found through the purchase process or other businesses. However, there is still a potential dispute over efforts to certify customary village land.
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.
Effectiveness of Implementing Complete Systematic Land Registration on Village Lands in Singakerta Village, Gianyar District MATARAM, I Gede Arie; SUKANDIA, I Nyoman; 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.v2i1.1020

Abstract

The existence of customary land cannot be separated from the existence of a Traditional Village, for example, in Bali Province, where a Traditional Village has the right to own land called Druwe Village. The existence of Druwe Village has a starting point that is measured by the existence of traditional villages. Land has become an elemental philosophy, with the term Pateman, which is an element that creates a balanced life that is related to the continuity of environmental life. In this research, the discussion is about the effectiveness of carrying out village land registration through a complete system land registration (PTSL) program in Singakerta Village, which is located in Gianyar Regency and the rights and obligations of all traditional village members who live/occupy the land. Carried out from generation to generation after the village yard land (PKD) is registered. This research uses research conducted empirically. The Government's ongoing efforts to carry out land registration in regions in Indonesia, namely in the Singakerta Traditional Village, include carrying out improvements and implementing regulations so that they are perfect for the regulations that have been issued. About the issuance of a Land Certificate in the name of an individual or an individual regarding Tri Hita Karana objects, one of which is tebe/telajakan land, by submitting a personal land registration application using personal fees and if the budget year is for an object that is not designated by the systematic land registration object complete (PTSL).
The The Concept of Profit Sharing Agreement in Land Management in Segara Kodang, Sesetan Village, South Denpasar District, Denpasar City UTAMA, Kartika Jaya; SUKANDIA, I Nyoman; AGUNG, Anak Agung Istri; DEWI, Ida Ayu Permata Winditya; YUDHA, I Putu Wira Dharma Putra
Protection: Journal Of Land And Environmental Law Vol. 2 No. 2 (2024): Protection: Journal Of Land And Environmental Law. (November – February 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i2.1149

Abstract

The importance of the meaning of soil for human life is because human life is utterly inseparable from the soil. They live on the land and obtain food by utilizing the land. The amount of land that can be controlled by humans can be reduced due to erosion, while the number of people who wish for land is constantly increasing. In answering legal problems, this research uses an empirical method.   The people of Sesetan Village use customary Law passed down from generation to generation, carried out orally based on trust and agreement, and no deed is made from these legal acts. The implementation of the profit-sharing agreement can be carried out well with the existence of a trust system between the customary village institution and the community in maintaining the agreement as well as knowing and implementing their respective rights and obligations agreed upon at the time of making the agreement which aims to improve the economy of the community in the use of village land and especially the customary Village itself.
Empowering BUPDA Reform Access in The Management of Village Land Assets in Sesetan Village UTAMA, I Wayan Kartika Jaya; WIRYANI, Made; ARTANAYA, Wayan; SUARJANA, I Wayan; PUTRA, I Made Aditya Mantara
Protection: Journal Of Land And Environmental Law Vol. 3 No. 1 (2024): Protection: Journal Of Land And Environmental Law. (July – October 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (209.709 KB) | DOI: 10.38142/pjlel.v1i1.363

Abstract

This research was preceded by the aim of identifying and analyzing access to BUPDA reform for the empowerment of village land asset management in Sesetan village for the formation of customary BUPDA (BUPDA) so that it can prosper its krama Potential has not been optimally utilized for funds to support Tri Hita Karana activities in Indigenous Villages. The professionalism of human resources has not been optimal for managing potential. It was identified that there was a need for funds for indigenous villages to preserve customs and culture based on the teachings of Hinduism, which had increased, not optimally managing the potential of palemahan professionally for their welfare. The needs analysis aims to overcome problems in the empowerment of the Sesetan indigenous village for interest and overcome unemployment by implementing modern management with the establishment of business units and the appointment of pedalling as well as the application of information and communication technology as a medium of communication with stakeholders. The empowerment of indigenous villages will be achieved if participation and a shared commitment to make changes for the better. Potential is empowered through education and human resources training as an element driving the change.
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.
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 ABDULLAH, Aisudin ABDULLAH, Mohd Kamarulnizam Bin Agung Iriantoro Anak Agung Istri Agung Anak Agung Istri Gita Permata Anandra Anggara, Kadek Ariesta Dwi Aptaningsih, Ni Made Indah Arnold Paul Kurniawan Djae ARTANAYA, Wayan Bongon, Miel S. Cokorda Krisna Yudha Cokorda, Krisna Yudha DEWI, Ida Ayu Permata Winditya Dewisari, Carolina Gracia Dharmawan, I Made Alit Putra Erawati, Ni Putu Tina Ganandhika, Anak Agung Bagus Ryan Gde Deny Larasdiputra I Gusti Putu Ghosadhira Vedhastama I Kadek Angga Aditya Mahendra Putra I Kadek Dwi Marta Dana Putra I Ketut Selamet I Komang Eka Adi Putra I Made Aditya Mantara Putra I Made Arnawa I Made Arnawa I Made Mardika I MADE MINGGU WIDYANTARA, I MADE MINGGU I Made Suniastha Amerta I Made Suwitra, I Made I Nyoman Alit Puspadma I Nyoman Putu Budiartha I Nyoman Sukandia I Wayan Rideng I WAYAN SUARJANA I Wayan Sujana I Wayan Wesna Astara Ida Bagus Gde Indra Wedhana Purba Idris, Siti Hafsyah Indah Permatasari Johannes Ibrahim Kosasih Johannes Ibrahim Kosasih Krisna Yudha Cokorda Kusumantara, I Komang Arya Laksmi, Anak Agung Rai Sita Luh Made Mahendrawati Luh Putu Sudini Luh Putu Sudini MAHENDRA, I Komang Arya Sentana MATARAM, I Gede Arie Muliana, I Wayan Ni Kadek Erika Manggala Ni Nengah Seri Ekayani Ni Putu Ayu Bunga Devy Maharani Nyoman Bagus Ngurah Arya Dinata Pande Putu Mia Dita Sari Pasupati, Bayu Permatasari, Made Intan Pratama, Putu Rama Ari Putra, Made Panji Ambara Putu Ayu Sriasih Wesna Raymundo, Carlos M. Ribeiro, Leonito Sanjaya, Ray Dio Senastri, Ni Made Jaya Sentelices, Leovigildo C. Sigit Sapto Nugroho Siti Hafsyah Idris Styawati, Ni Komang Arini Sujana, I Nyoman Susanthi, I Gusti A.A. Dian Vibandor, Demosthenes B. Vibandor Villafuerte, Marcelo Roland C. Widiati, Ida Ayu Putu Wijayani, Putu Megabalinda Pradnya WIRYANI , Made Wiryani, Made Wiswamitra, Ida Bagus Gede Yasaputri, Ni Putu Widari YUDHA, I Putu Wira Dharma Putra