Anak Agung Ngurah Adhi Wibisana
Universitas Warmadewa, Indonesia

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Journal : Community Service Journal of Law

The Regulation of Traditional Villages as Legal Subjects and the Designation of Temples as Religious Legal Entities in Relation to Land Ownership Rights Anak Agung Sagung Laksmi Dewi; I Nyoman Sumardika; I Gusti Agung Ayu Gita Pritayanti Dinar; I Made Minggu Widyantara; Anak Agung Ngurah Adhi Wibisana
Community Service Journal of Law Vol. 3 No. 2 (2024): Community Service Journal of Law
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/csjl.3.2.2024.64-69

Abstract

This study aims to discuss the implementation of the Bali Provincial Regulation which has given birth to various legal provisions regarding the registration of land rights, both for Customary Village and Temple land, both of which are recognized as legal entities. The material is presented using a normative approach to identify legal rules and principles. The legal sources for this study are derived from statutory provisions, including: 1) Law No. 5 of 1960 on the Basic Agrarian Law (UUPA), 2) Government Regulation No. 24 of 1997, 3) Bali Provincial Regulation No. 4 of 2019 on Customary Villages, 4) Ministerial Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 276/KEP-19.2/X/2017 on the Designation of Customary Villages in Bali Province as Legal Subjects for Joint (Communal) Land Ownership, 5) Minister of Home Affairs Decree No. 556/DJA/1986 on Legal Entities Eligible for Land Ownership Rights. The results of the study show that the Traditional Village was officially designated as the subject of customary rights based on the Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 276/KEP-19.2/X/2017 concerning the Determination of Traditional Villages in Bali Province as Subjects of Collective (General) Land Ownership Rights. Procedurally, the initial land ownership certification process for Pura followed the standard land certification procedure. It began with a written application submitted to the Head of the National Land Agency Office of Tabanan Regency, accompanied by the required administrative documents.
The Existence of Bale Kerta Adhyaksa as an Instrument for Resolving General Legal Cases in Bali I Nyoman Sumardika; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti; Anak Agung Ngurah Adhi Wibisana
Community Service Journal of Law Vol. 4 No. 1 (2025): Community Service Journal of Law
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/csjl.4.1.2025.29-37

Abstract

The paper entitled “The Existence of Bale Kerta Adhyaksa as an Instrument for Resolving General Legal Cases in Bali” was prepared in connection with the enactment of the Draft Regional Regulation of the Province of Bali concerning Bale Kerta Adhyaksa into a Regional Regulation, which will take effect following the implementation of Law Number 1 of 2023 on the Criminal Code on 2 January 2026. This paper examines and discusses two legal issues relevant to the existence of Bale Kerta Adhyaksa, namely: (1) the authority of Bale Kerta Adhyaksa in Bali, and (2) the scope of the substantive provisions of the Regional Regulation on Bale Kerta Adhyaksa in Bali. The writing method is grounded in the doctrine of legislative law, thereby adopting a normative research type which utilizes normative or non-empirical research materials with a statutory approach and a conceptual approach, drawing from both primary and secondary legal materials. The analysis employs the concept of regulatory impact assessment and consistency analysis, applied both at the stage when the regulation was still in draft form and after its stipulation as a Regional Regulation of Bali Province. This analysis is carried out using systematic interpretation through inductive and deductive reasoning, presented in a structured and coherent manner. The authority of Bale Kerta Adhyaksa in Bali is to resolve general legal cases occurring within the jurisdiction of customary villages. Institutionally, it is expected to resolve cases by prioritizing a win–win solution, particularly for minor criminal cases and minor civil cases. Meanwhile, the scope of the substantive content of the Regional Regulation on Bale Kerta Adhyaksa in Bali includes the realization of an effective, efficient, comprehensive, and conclusive system for resolving general legal cases, as well as the reduction of the frequency of minor criminal and civil cases within customary villages areas. The formulation of case resolution is embodied in the form of a “Peace Statement Letter or Deed” and a “Peace Agreement Letter or Deed”, which are recorded in a mutual agreement between the parties, signed by them, and must be carried out in good faith. The decisions are final and binding.