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THE EXISTENCE OF DRUWE CUSTOMARY LAND VIEWED FROM THE PERSPECTIVE OF NATIONAL LAND LAW Suwanda, I Wayan
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Jurnal IUS

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (262.917 KB) | DOI: 10.12345/ius.v1i1.228

Abstract

The function of land is not just limited to the composition of the product tools, social asset and capital asset, politics, culture, but also about values and meaningful religious. Therefore, the land is in related directly with humans that gave birth to the concept of ownership since long time ago up to now according to the customary law. The history of druwe land in the beginning is belonged to the King’s authority with the status of ”Druwe Dalem” and possession of the royal dignitaries such as royalty and the retainer with the ownership right status of ”Druwe Jaba”. In Lombok, such as in Mataram and West Lombok until now its existence is still recognized by the people of Balinese people that are hereditary lived in Lombok. Authors interested in highlighting the existence of customary law as the basis of the land law provisions in Indonesia. When examined customary law that grow in Indonesia have diversity (pluralism of law). This will affect the color and resolution of various land cases in the country. There are a few theories that I use such as Emile Durkheim, that determine the law as the social morality, then Ehrlich introduce the types called Entscheidungnormen (norms of decision), and the theory of legal protection for the people by Philip M Hadjon. The approach used is a conceptual approach, and statute approach Keywords: Indigenous, Land of Druwe
MEDIASI SEBAGAI UPAYA PENYELESAIAN PERKARA YANG BERSIFAT KOOPERATIF SUWANDA, I WAYAN
GANEC SWARA Vol 15, No 1 (2021): Maret 2021
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v15i1.189

Abstract

      It is estimated that the judicial system will not be able to meet the increasingly complex needs of society. This estimate is based on facts in the field. Dispute resolution through courts is considered too convoluted, takes a long time, and is inefficient for businesses that emphasize efficiency and effectiveness. Besides, the court's decision does not satisfy the parties. The principle of simple, fast, low-cost justice is still only a slogan.      Answering this problem, a study is conducted using the empirical normative legal research method with a study approach based on statutory regulations, conceptual approaches, and case approaches. Types and sources of data used in this study are primary data and secondary data with data collection techniques through document study and interviews, where the data obtained will be analyzed qualitatively deductively. Based on the results of research and discussion, it was found that mediation as a solution to the settlement of cases, both in court and outside the court, is cooperative
THE EXISTENCE OF DRUWE CUSTOMARY LAND VIEWED FROM THE PERSPECTIVE OF NATIONAL LAND LAW I Wayan Suwanda
Jurnal IUS Kajian Hukum dan Keadilan Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (262.917 KB) | DOI: 10.12345/ius.v1i1.228

Abstract

The function of land is not just limited to the composition of the product tools, social asset and capital asset, politics, culture, but also about values and meaningful religious. Therefore, the land is in related directly with humans that gave birth to the concept of ownership since long time ago up to now according to the customary law. The history of druwe land in the beginning is belonged to the King’s authority with the status of ”Druwe Dalem” and possession of the royal dignitaries such as royalty and the retainer with the ownership right status of ”Druwe Jaba”. In Lombok, such as in Mataram and West Lombok until now its existence is still recognized by the people of Balinese people that are hereditary lived in Lombok. Authors interested in highlighting the existence of customary law as the basis of the land law provisions in Indonesia. When examined customary law that grow in Indonesia have diversity (pluralism of law). This will affect the color and resolution of various land cases in the country. There are a few theories that I use such as Emile Durkheim, that determine the law as the social morality, then Ehrlich introduce the types called Entscheidungnormen (norms of decision), and the theory of legal protection for the people by Philip M Hadjon. The approach used is a conceptual approach, and statute approach Keywords: Indigenous, Land of Druwe
KEBIJAKAN DI ERA PEMERINTAHAN JOKO WIDODO DAN JUSUF KALLA (PERSPEKTIF POLITIK HUKUM DAN AGRARIA) NI LUH ARININGSIH SARI; I WAYAN SUWANDA
GANEC SWARA Vol 13, No 2 (2019): September 2019
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (362.376 KB) | DOI: 10.35327/gara.v13i2.87

Abstract

   The political development of agrarian law in Indonesia is inseparable from the policies of the ruling government in each period of government. The period of development can be divided into 4 {four} periods, namely the colonial period, the Soekarno administration, the Soeharto era and the Reformation period. After the reformation, several presidential changes, namely Habibie, Gusdur, Megawati and Susilo Bambang Yudoyono, policies on the regulation of natural resources and resources are not clearly seen as the implementation of TAP MPR No. IX / 2001. Discourse related to changes in diagrammatic arrangements has been discussed but not implemented optimally. At present the Indonesian government is being led by President Joko Widodo trying to implement changes to the political law of diagramming in Indonesia
TINJAUAN YURIDIS PERJANJIAN PERIKATAN JUAL BELI TANAH DENGAN TRANSAKSI PEMBAYARAN BERTAHAP NI MADE SUNDARINI; I WAYAN SUWANDA
GANEC SWARA Vol 14, No 2 (2020): September 2020
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v14i2.149

Abstract

This study aims to determine the procedure for making land sale and purchase agreements with gradual payment transactions and to determine the legal strength of land sale and purchase agreements with gradual payment transactions.This research uses empirical normative legal research methods with a study approach based on statutory regulations, conceptual approaches, and case approaches. Types and sources of data used in this study are primary data and secondary data with data collection techniques through document study and interviews. The data obtained were analyzed by qualitative deductive.Based on the results of the research, the procedure for making a land sale and purchase agreement with a gradual payment transaction must carry out three stages, namely (1) the pre-contractual stage in the form of conforming the wishes of the parties based on the offer and acceptance, (2) the contractual stage in the form of signing the agreement, and (3) the post stage. contractual in the form of exercising the rights and obligations of the parties. A land sale and purchase agreement with a gradual payment transaction is a written agreement made in the form of an agreement deed, reciprocal in nature and is included in the nominaate agreement category, in which to make a sale and purchase agreement must fulfill the legal requirements of the agreement, namely agreement, skill, object of the agreement, and causa that is kosher. The sale and purchase agreement in stages is classified as an authentic deed that has formal evidentiary power and is made in the presence of an authorized public official, namely a notary
PERATURAN DAN PROSEDUR SERTA MEKANISE PERIJINAN SENJATA API I Wayan Suwanda; I Wayan Juliartha Suda
GANEC SWARA Vol 15, No 2 (2021): September 2021
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v15i2.235

Abstract

Advances in technology not only have a positive impact but technology can also have a negative impact on life, where technology is used as a means to commit crimes or criminal acts. If we look closely in the last few years, we are impressed and felt that people easily own firearms of various brands and types. People who have money can easily get, collect, even in an unnatural amount. It is easy for people to get firearms, of course, because the market has changed. At least, much different when compared to the decade around the 1980s. If in the past people were so proud to keep the FN rifle, now it is not so. The M-16, which is usually used on the battlefield by soldiers, has now entered the exclusive space of weapon collectors.To answer this problem, a normative legal research method is used with an approach study based on legislation, a conceptual approach. The types and sources of data used in this study are primary data and secondary data with data collection techniques through document studies where the data obtained will be analyzed deductively qualitatively. Based on the results of research and discussion that there are legal regulations in the form of regulations and procedures as well as the mechanism of the firearm licensing process