I Made Suwitra
Faculty of Law, Universitas Warmadewa

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Regulation of Strengthening of LPD Desa Adat in Bali in A Gap I Made Suwitra; Diah Gayatri Sudibya
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.1253.122-126

Abstract

The aims of this research is to analyze the implementation of the strengthening of LPDs as a nonbank financial institution in the Desa Adat against various regulations issued by the Government both at the national and regional levels in the perspective of an analytical approach. The basic consideration of this research is that there are still some LPDs that are not healthy and even go bankrupt. The method used is the form of normative legal research with legislation, analytic, case and coexistence approaches. Normatively various regulations issued by the government at the national and regional levels are intended to strengthen the existence of LPDs, but in reality not all LPDs in Desa Pakraman are strong and healthy, some LPDs even went bankrupt. Therefore a comprehensive study of various perspectives is needed in the context of the legal system.
The Existence of Publicity Principles in Complete Systematic Land Registration Anak Agung Istri Chintya Paramitha; I Made Suwitra; I Nyoman Alit Puspadma
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 2 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.2.1759.81-88

Abstract

This study aims to analyse the legal certainty of land rights certificates through the complete systematic land registration program regulated in Permen ATR / BPN No.6 / 2018. The issues examined include the legal certainty of land rights certificates issued based on Permen ATR / BPN No.6 / 2018 and legal protection of certificates issued under Permen ATR / BPN No.6 / 2018 for holders of certificates of land rights. This study uses normative legal research. The data was primary and secondary legal materials related to land registration. The results of the study are associated with legal objectives, then Permen ATR / BPN No. 6/1997 provides great advantages and can create an element of justice by issuing certificates throughout the community, so that legal certainty is given but it becomes weak due to disharmony between the two rules. So that applies the legal principle of the lex superiori derogat legi inferiori. The lower provisions are null and void and have no binding legal force as a result, land rights certificates issued based on Permen ATR / BPN No.6 / 2018 do not have legal power. In order to achieve legal certainty and protection, the provisions of Article 24 paragraph (2) Permen ATR / BPN No.6 / 2018 is adjusted to Article 26 paragraph (1) PP No. 24/1997 or the rules regarding PTSL are made in laws and regulations of the same level or higher than PP No.24 / 1997.
RIGHT OF MALE HEIRS TO THE ORIGINAL FAMILY RELATED TO NYEBURIN’S MARRIAGE TO LAND RIGHTS IN PERSPECTIVE BALINESE LAW OF CUSTOMS Anak Agung Ngurah Mukti Prabawa Redi; I Made Suwitra; Putu Ayu Sriasih Wesna
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.2.2021.78-88

Abstract

The marriage of nyeburin changes the position of women into purusa and men into pradana. Then in terms of inheritance, the priority in the nyeburin marriage is the woman, but the status of the man who becomes pradana is questioned when nyeburin marriage ends and the status of the man is returned to his family of origin. This study aims to analyze the inheritance rights of men who do nyeburin’s marriage on inherited land in their origin family and to analyze the implications of inheritance rights of men who do nyeburin’s marriage in right and obligations of origin family. The research method used is normative legal research. In addition, the data collection technique used is the library study technique. The results of this study revealed that (1) a man who does a nyeburin marriage will lose his right to inherit in his family of origin because of a change in his status to pradana in his wife's family. A man who does a nyeburin marriage will be considered to have left kedaton so that he has the same position as a woman who marries out. (2) Burden marriage has implications for the position of the husband so that here the husband follows the wife. The rights and obligations as husband and wife are still the same as in a normal marriage, only in a marriage where the wife's position is higher than that of the husband.