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All Journal Edunity: Kajian Ilmu Sosial dan Pendidikan Journal of Social Science
Erikson Sihotang
Universitas Mahendradatta, Indonesia
Humanities Computer Science & IT Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences

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Implementation of the Principle of Nationalism for Indonesian Citizens Who Carry Out Mixed Marriages Without Separation of Property Related to Ownership of Land Rights in Bali Province Hartono Hartono; Kadek Dedy Suryana; Erikson Sihotang
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 4 No. 8 (2025): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v4i8.422

Abstract

This research employs a normative-empirical legal research method to analyze the implementation of the principle of nationalism in land law for Indonesian citizens who enter into mixed marriages without prenuptial agreements in relation to land ownership rights in Bali Province. The empirical component involved in-depth interviews with five officials from the Regional Office of the National Land Agency (Badan Pertanahan Nasional or BPN) of Bali Province, eight notaries experienced in mixed marriage documentation, twelve legal practitioners specializing in agrarian law, and case study analysis of 25 mixed marriage property disputes processed through Bali courts from 2019 to 2024. Research objectives include analyzing the application of nationalism-based land law to Indonesian citizens in mixed marriages without property separation agreements and examining the legal consequences. The study reveals that Indonesian citizens are constitutionally entitled to land ownership rights under Article 33(3) of the 1945 Constitution. Main findings demonstrate that the principle of nationalism (grondverponding verbod) in Indonesian land law creates legal complications for mixed marriages. Indonesian citizens who acquire land rights after mixed marriage without property separation agreements face mandatory relinquishment within one year under Article 21(3) of the UUPA, or the land reverts to the state. However, Government Regulation No. 103/2015 provides solutions through court-determined property separation agreements, enabling Indonesian citizens to maintain land ownership rights while married to foreign nationals. The research concludes that urgent legal amendments are needed to balance the principle of nationalism with the constitutional rights of Indonesian citizens in mixed marriages, particularly regarding inheritance and protection of property rights.
Effectiveness Of Civil Judgment Execution In The Semarapura District Court A.A. Sagung Yuni Wulantrisna; Ni Ketut Wiratny; Erikson Sihotang
Journal Of Social Science (JoSS) Vol 4 No 9 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i9.492

Abstract

The execution of civil court decisions is a decisive stage in the enforcement of justice and serves as a test of the effectiveness of the judicial system. This study aims to analyze the effectiveness of the execution of civil judgments at the Semarapura District Court using an empirical juridical approach. The results show that although the legal basis and execution procedures are clearly regulated, their implementation in practice still faces various obstacles. Data from 2022–2024 indicate that only a portion of execution requests are successfully implemented, while the rest fail or are withdrawn due to structural, substantial, and cultural barriers. Key challenges include the limited number of bailiffs, insufficient supporting facilities, unclear court orders, changes in the status of disputed objects, and strong community resistance rooted in local customs and kinship values. The Semarapura District Court has made several efforts, such as increasing coordination with security forces, involving community leaders, providing bailiff training, and digitizing administration. Ultimately, the effectiveness of execution depends on the synergy between legal substance, institutional structure, legal culture, supporting facilities, and the level of legal awareness in society. Multi-stakeholder collaboration is needed to ensure that law enforcement through civil execution is effective, fair, and socially harmonious.
Law Enforcement on The Misuse of "Brong" Exhaust Pipes in The Community Within The Jurisdiction of Bali Regional Police I Made Dwiseptya Wiranta Putra; Erikson Sihotang; Anak Agung Gde Putra Arjawa
Journal Of Social Science (JoSS) Vol 4 No 9 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i9.507

Abstract

The Law Enforcement carried out by the Bali Regional Police in handling the use of brong exhausts is by enforcing traffic regulations, conducting compliant operations, providing services to the community, conducting patrols, conducting raids, and the Bali Regional Police also provide appeals regarding violations or driving regulations in the form of socialization to schools and the community and also providing appeals to shops selling brong exhausts not to sell brong exhausts. The obstacles for the Bali regional police in preventing violations by two-wheeled motor vehicle drivers that occur in their jurisdiction are internal and external obstacles. There are three internal obstacles experienced by the Bali Regional Police Traffic Police, including lack of socialization to the community, limited budget and lack of facilities and infrastructure. In addition to internal obstacles, there are also three external obstacles including lack of cooperation between the traffic police and other agencies related to traffic, low level of legal awareness of two-wheeled motor vehicle drivers, and also non-compliance by drivers with applicable regulations because there are always those who violate them. From these obstacles, the police continue to strive as their obligation to create a safe situation and condition for all parties.
Co-Authors A.A. Sagung Yuni Wulantrisna Anak Agung Gde Putra Arjawa Hartono Hartono I Made Dwiseptya Wiranta Putra Kadek Dedy Suryana Ni Ketut Wiratny