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All Journal Sociological Jurisprudence Journal Jurnal Notariil
I Made Suwitra
Faculty of Law, Universitas Warmadewa
Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Notariil

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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.
Co-Authors Anak Agung Istri Chintya Paramitha Anak Agung Ngurah Mukti Prabawa Redi Diah Gayatri Sudibya I Nyoman Alit Puspadma Putu Ayu Sriasih Wesna