I Nyoman Prabu Buana Rumiartha, I Nyoman Prabu Buana
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STATUS OF VILLAGE-OWNED LAND TRANSFER INTO THE DISTRICT GOVERNMENT ASSETS IN KINTAMANI BANGLI BALI Rumiartha, I Nyoman Prabu Buana
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 2, No 6 (2014): PLURALISME HUKUM
Publisher : Jurnal IUS

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (291.706 KB) | DOI: 10.12345/ius.v2i6.190

Abstract

The objective of the study is to determine the legal status, and factors inhibiting the transferof the villaged-owned land into the asset status of the Local Government in the sub-district ofKintamani Bangli Bali. This research employs empirical research method. The result of thestudy: the legal status of village-owned land transfer into local government assets based on the regulation for the village-owned land. The legal status of land comes from the customary law, while the land transfer regulation relates the state’s right to control the land for the purpose of public interest. The process of the village-owned land transfer into government assets seems to be based on the right to control the land for the purpose of public interest and the regional autonomy administration and decentralization.The provisions described in Article 2 paragraph (4) of Agrarian Law states that the state’s right to control can be delegated to the region and the customary community as required and is not in contradiction with the national interest, in accordance with the Government Regulation. The regulation serves as the basis for customary land administration. The factor hampering the transfer of village-owned land is the absence of legal product for land transfer and in this case is the absence of regional regulation. The external factor is that the land is the primary option for tourism development thus the legal certainty for its transfer has yet to exist..Keywords: Legal Status, Village-owned Land , & Local Government Asset.
The Comparative Law on the Distribution of Power in the 1945 Constitution of the Republic of Indonesia and the Constitution of the Republic Timor Leste Rumiartha, I Nyoman Prabu Buana; Astariyani, Ni Luh Gede; Amaral, Armindo Moniz
Jurnal IUS Kajian Hukum dan Keadilan Vol. 10 No. 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1134

Abstract

The research purposes is to explain the comparison of the legal division of powers in the constitution in the 1945 Constitution of the Republic of Indonesia and in the Constitution of the Republic Democratic Timor Leste. The division of powers within a country, both in Indonesia and in Timor Leste, are stipulates in a constitution, in this case a state that protects and guarantees the implementation of human rights and other civil rights and limits its powers in a balanced manner between the interests of state administrators and their citizens. The research method used in this study was normative legal research. In addition, this research also applied comparative legal research method is a research methodology carried out by comparing one legal system to another, an activity in which experts compare the positive legal system of a nation to that of other nations. In this case, legal comparison of Indonesia and Timor Leste. The novelty of this research is to examine and analyze comparative law on the distribution of power in the constitutions of Indonesia and Timor Leste, it can be explained that there is a difference in the division of power. In Indonesia there is constitutive power, executive power, legislative power, judicial power, examining/inspective power, and monetary power, while in Timor Leste it is based on the constitution of the Democratic Republic of Timor Leste division of power consisting of the power of the president, the power of the national parliament, the power of the government and the power of the court.
Comparative Law on the Authority of the House of Representatives (Indonesia) with the National Parliament (Timor Leste) Rumiartha, I Nyoman Prabu Buana; Indradewi, Anak Agung Sagung Ngurah; Gomes, Alarico
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1075

Abstract

Introduction: Based on the history of the formation of the state constitutions of Timor Leste and the state of Indonesia, it is interesting to conduct special research on a comparison of the legal powers contained in the constitution of the DPR (Indonesia) and the National Parliament (Timor Leste).Purposes of the Research: The purpose of this study is to explain the legal comparison of the powers granted by the Constitution, in this case the legal comparison of the powers of the House of Representatives (Indonesia) and the National Parliament (Timor Leste).Methods of the Research: This research uses normative research methods and comparative law research methods.Results of the Research: The similarity between the people's representative assembly (Indonesia) and the national parliament (Timor Leste) is that they both have the authority to formulate laws, as well as the similarity of legislative functions, budgetary functions, and oversight functions. The difference lies in the right to elect a general high councilor. In the Indonesian constitution, there is no general ministry high council election. The People's Representative Council does not have the authority to elect and appoint ministers, this is the President's authority as a perrogative right. Meanwhile in Timor Leste, the National Parliament elects the high council of general ministries.
The Rights of Customary Law Communities to Resources: The Relationship of Coexistence of State Law and Customary Law Jayantiari, I Gusti Agung Mas Rwa; Rumiartha, I Nyoman Prabu Buana; Arjawa, I Gst Pt Bagus Suka; Laksana, I Gusti Ngurah Dharma; Indradewi, Anak Agung Sagung Ngurah
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 1 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i1.1329

Abstract

This research aims to determine and analyze the relationship between state law and customary law regarding the rights of customary law communities to natural resources. The application of state law and customary law is a fact related to the lives of customary law communities and their areas of life which are inseparable from natural resources. Apart from constitutional recognition as stipulated in 18 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, various laws and regulations in the natural resources sector also provide space for regulation of customary law communities based on policies that tend to be centralized. The research method used is normative legal research with statutory, conceptual and factual approaches with qualitative prescriptive analysis. The research results found that customary law as a guideline for managing natural resources by customary law communities does not yet fully exist because the recognition of customary law communities is partial. In the perspective of John Griffith’s theory of legal pluralism, the relationship between state law and customary law is categorized as weak legal pluralism because of the dominant right to control the state through state law. Integration of coexistence between customary law and state law can only be realized if there is a law that specifically regulates customary law communities so that it is no longer determined based on the sectoral ego of various laws that regulate natural resources.
Metode Rule Identification Urgency Solution (RIUS) dalam Penyusunan Naskah Akademik Peraturan Daerah Rumiartha, I Nyoman Prabu Buana; Gede Astariyani, Ni Luh; Sukma Wedayanti, Ni Kadek Ari; Yasana Putri, Kadek Angelina
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.183-196

Abstract

The purpose of this research was conducted to offer a new method in the preparation of academic texts on laws and regulations. Academic Manuscripts contain the results of research regarding the contents of the content or proposals submitted to be regulated in a provision of statutory regulations and or regional regulations. Provisions related to the preparation of academic manuscripts have been regulated in laws and regulations, but a special method is needed in preparing academic manuscripts so that they are in accordance with the needs of the community. In this study using normative legal research methods. The findings in this study are that there is a novelty method that can be used in the preparation of academic manuscripts, namely the Rule Identification Urgency Solution (RIUS). With the RIUS method, an academic text can be used as a basis or basis for argumentation in the formation of laws and regulations or regional regulations. In conclusion, the RIUS method is a method that can analyze the rule of law, identify problems, the urgency of why these regulations are needed, and the solutions that can be provided. The RIUS method was first applied by researchers in preparing academic texts for regional regulations in the Badung Regency Government and Jembrana Regency Government, in this case researchers as experts in preparing academic manuscripts. Suggestions that can be given are that in the preparation of academic papers it is best to focus on analyzing what problems occur in society so that a regulation is needed.
Analisis Hermeneutika Yuridis Pasal 239 Ayat (2) Huruf D dan G Undang-Undang No.17 Tahun 2014 Utari, Anak Agung Adik Sri; Rumiartha, I Nyoman Prabu Buana
Advances In Social Humanities Research Vol. 2 No. 3 (2024): Advances in Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v2i3.221

Abstract

Article 239 paragraph (1) and paragraph (2) of the MD3 Law regulates the right of political parties to conduct inter-term dismissal (PAW) of DPR members. However, the ambiguity in Article 239 paragraph (2) letters d and g caused controversy because the terms of PAW became unclear and often misused to resolve internal party conflicts. This study aims to analyze the juridical hermeneutics of the provisions of Article 239 paragraph (2) letter d and g of Law Number 17 of 1014 concerning MPR, DPR, DPD, and DPRD. The results showed that abstract interpretations of the phrases "proposed by political parties" and "statutory provisions" open up opportunities for subjectivity in dismissing DPR members. Therefore, the recalling arrangement of DPR members requires further clarification to address the abstract issue of interpretation.