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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 Community Service Journal of Law
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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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.
Ethics Under Scrutiny: How Regional Notary Supervisory Assemblies Curb Professional Misconduct? Dewisari, Carolina Gracia; Utama, I Wayan Kartika Jaya; Wesna, Putu Ayu Sriasih
Jurnal Hukum Magnum Opus Vol. 8 No. 1 (2025): Februari 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i1.11715

Abstract

In Indonesia, the role of the Notary Supervisory Board has a very important function in carrying out the Notary profession in carrying out its authority when violations occur or when Notaries experience problems that must be proven. The research aims to analyse the role of the Regional Notary Supervisory Council in carrying out supervision in preventing violations of the Code of Ethics by Notaries in Denpasar City and to analyse the sanctions given to Notaries who violate the Code of Ethics in Denpasar City. This research is empirical research conducted in Denpasar City because the number of notaries in this city is the highest. Data was obtained through interviews, documentation and literature study, which was then analysed descriptively qualitatively. The research results show that the Regional Supervisory Council has an important role in supervising notaries, namely checking notary protocols periodically every quarter and year, providing new notaries, as well as coordinating with the Regional Supervisory Council, and also responding to public reports with detailed verification and inspection. The Regional Supervisory Council proactively provides guidance to notaries through various programs, such as outreach regarding developments in laws and regulations, as well as monitoring the implementation of administrative obligations by notaries. The role of the Regional Supervisory Council is not only reactive in taking action against violations but also proactive in preventing violations through continuous guidance.
Ensuring Fairness in Land Acquisition for Public Road Construction: A Case Study of Badung Regency Dharmawan, I Made Alit Putra; Wesna, Putu Ayu Sriasih; Utama, I Wayan Kartika Jaya
DiH: Jurnal Ilmu Hukum Volume 21 Nomor 1 Februari 2025
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.v0i0.11836

Abstract

Land acquisition problems in public interest development raise various psychosocial problems in the community so psychosocial aspects must be taken into account along with the role of independent assessment experts and procurement management needed so that the community can receive compensation from the release of their land. The purpose of the author's analysis is related to the land implementation acquisition in Badung Regency and how to resolve land acquisition rejection disputes in Badung Regency. The author uses an empirical legal research method that has a function in showing the real law that exists in people's lives. The results of the study are on land acquisition for public interest for road construction in Badung Regency using the Land Acquisition Procedures and Procedures in accordance with Law Number 2 of 2012, where Badung Regency, especially the Public Works and Spatial Planning Agency of Badung Regency, Highways Sector as an Agency that requires land on a Small Scale, submits a Work Plan that is in accordance with the Badung Regency Medium-Term Development Plan and the existence of land acquisition and rejecting the compensation value has the right to reject land acquisition by filing an objection to the legal institution, namely the State Administrative Court and the District Court in the rejection, in resolving the rejection dispute, Badung Regency in resolving the dispute by means of Litigation and Non-Litigation.
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.
The Position of Heirs Born to Parents of Different Religions According to Balinese Customary Law Kusumantara, I Komang Arya; Wesna, Putu Ayu Sriasih; Utama, I Wayan Kartika Jaya
Journal of Legal and Cultural Analytics Vol. 4 No. 2 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i2.14106

Abstract

This study analyzes the inheritance rights of children from interfaith marriages under Balinese customary law. It was found that children who followed the mother's religion only inherited from the mother's side, not from the father's side. This is supported by the decision of the Denpasar District Court Number 483/Pdt.G/2020/PN Dps, which states that non-Hindu children cannot inherit from their Hindu father's family. This study concludes that religious changes during marriage affect children's inheritance rights in Balinese customary law.
The Effectiveness of the Working Area of the Land Deed Making Officer Based on Government Regulation Number 24 of 2016 in One Bali Province Yasaputri, Ni Putu Widari; Wesna, Putu Ayu Sriasih; Utama, I Wayan Kartika Jaya
Journal of Legal and Cultural Analytics Vol. 4 No. 2 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i2.14137

Abstract

This study examines the effectiveness of Government Regulation Number 24 of 2016 which expands the work area of PPAT from districts/cities to one province. The method uses empirical legal research by elaborating the theory of legal certainty, legal effectiveness, and legal authority. Data was obtained through observation and interviews in Badung and Bangli Regencies. The results show that the implementation has not been effective due to the absence of implementing regulations, thus causing legal uncertainty and potential conflicts of authority. This study recommends accelerating the preparation of technical regulations to support the effectiveness of land administration.
Legal Protection against Bouwheer in a Contract for the Outsourcing of Work with a Bank Guarantee Permatasari, Made Intan; Budiartha, I Nyoman Putu; Jaya Utama, I Wayan Kartika
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1693

Abstract

Bank guarantee is a guarantee in a work outsourcing agreement that protects the bouwheer from the contractor's default. However, in practice, the disbursement of bank guarantees often faces obstacles, especially when the contractor goes bankrupt. Banks often refuse disbursements for administrative reasons that do not have a clear legal basis, thus creating legal uncertainty for bouwheer. This research uses normative legal methods with legislative, conceptual and case approaches. This approach is used because there are vague norms in the arrangement of bank guarantees, especially regarding legal protection for bouwheer. Although there are regulations on bank guarantees, the existing rules focus more on the responsibility of banks without explicitly regulating bouwheer's rights in the disbursement of collateral. The results of the study show that legal protection for bouwheer is divided into preventive and repressive protection. Preventive protection includes strict contractual clauses, the selection of credible banks, and supervision of the execution of guarantees. Repressive protection is carried out through non-litigation and litigation channels in the event of disbursement denial without a valid reason. Decision No. 159/Pdt.G/2023/PN Ptk emphasizes that banks are still obliged to disburse guarantees even if the contractor is bankrupt, and rejection without legal basis can be categorized as default by banks.
The Authority of Notaries in the Preparation of Deeds Concerning Credit Guarantees as a Form of Resolution for Non-Performing Loans Aptaningsih, Ni Made Indah; Senastri, Ni Made Jaya; Jaya Utama, I Wayan Kartika
Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i6.2131

Abstract

Non-performing loans pose a serious challenge in the banking sector, especially for Rural Credit Banks (BPR). One of the solutions is through the takeover of collateral or AYDA. This study aims to examine the authority of notaries in the creation of deeds concerning credit guarantees as part of the non-performing loan resolution process. The research method used is empirical with a qualitative approach, through interviews with three notaries/PPAT in the Denpasar area and one notary/PPAT in the Badung area. The data collection techniques used are Purposive Sampling, Interview Technique, Observation Technique, and Documentation Technique. The research results show that notaries are authorized to draft the AYDA deed based on non-performing loan collateral still burdened by a mortgage, based on an agreement between the creditor and the debtor. The debtor must first create a statement letter of collateral surrender to the creditor, which is subsequently followed up by the Notary with the drafting of several deeds for the benefit of both parties, namely the power of attorney, debt settlement agreement deed, sale and purchase deed, sale and purchase binding agreement, and eviction agreement.
Co-Authors A.A.Media Martadiani ABDULLAH, Aisudin ABDULLAH, Mohd Kamarulnizam Bin Agung Iriantoro Anak Agung Istri Agung Anak Agung Istri Gita Permata Anandra 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 Darmawan I Kadek Dwi Marta Dana Putra I Ketut Selamet I Komang Eka Adi Putra I Komang Eka Adi Putra I Made Abdi Nassa Jayantara I Made Aditya Mantara Putra I Made Arnawa I Made Arnawa I Made Mardika I Made Minggu Widyantara I Made Sara I Made Suniastha Amerta I Made Suwitra, I Made I Nyoman Putu Budiartha I Nyoman Sukandia I Wayan Rideng I WAYAN SUARJANA I Wayan Sujana I Wayan Werasmana Sancaya IB Gede Agustya Mahaputra Ida Bagus Gde Indra Wedhana Purba Idris, Siti Hafsyah Indah Permatasari Johannes Ibrahim Kosasih Kadek Ariesta Dwi Anggara Ketut Adi Wirawan 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 Gusti Agung Ayu Wulan Ananda Pratiwi Ni Kadek Erika Manggala Ni Nengah Seri Ekayani Ni Putu Riasning Nyoman Bagus Ngurah Arya Dinata 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 Saputra, I Komang Dedi 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. Wangsa, I Gusti Agung Wisnu Satria Widiati, Ida Ayu Putu Wijayani, Putu Megabalinda Pradnya WIRYANI , Made Wiryani, Made Yasaputri, Ni Putu Widari YUDHA, I Putu Wira Dharma Putra