Legal Protection of Pauman Land in Karangasem District

I Gusti Putu BUDIADNYANA; I Made  SUWITRA; I Nyoman  SUKANDIA

doi:10.38142/pjlel.v1i2.596

Authors

I Gusti Putu BUDIADNYANA University of Warmadewa , Indonesia
I Made SUWITRA University of Warmadewa , Indonesia
I Nyoman SUKANDIA University of Warmadewa , Indonesia

DOI:

https://doi.org/10.38142/pjlel.v1i2.596

Keywords:

Ayahan, Pauman Land Registration, Pauman Land

Abstract

Disputes over the registration of pauman land as individual plots through PTSL have been frequent. The author sees a gap between the predetermined norm and the implementationof the practice that exists in the awig-awig of Pura Pauman. The issues studied are related to pauman's legal status as a legal subject who can have land rights, and the model of registering Pauman's land rights. It is an empirical legal study with a statute, historical, case, an analysis of legal concepts, and legal sosiology approach.

There are steps that can be taken to ensure that pauman has a strong position of ownership over the land, that is including using the subject of the temple, which is recognized by Decree of the Minister of Home Affairs Number SK.556/DJA/1986, so that a Certificate of Property Rights (SHM) can be issued on behalf of the Temple. Pauman cannot be referred to as a legal law that can disenfranchise title to land under state law.

For pauman who wish to register pauman land remains a communal property right then it would be better to use the subject name of the Temple as opposed to borrowing the name klian. In addition, the Prediction of dispute will exist because there are indications of re-recognition by the puri family so this needs to be anticipated by pauman.

References

Suwitra, I Made. 2010, The Concept of Religious Communal as the Main Material in the Formation of UUPA and Its Impact on Customary Land Tenure in Bali, Journal of Perspectives, Vol.XV, No.2

Sirtha, I Nyoman. 2008, Legal Aspects of Customary Conflict in Bali, Udayana University Press, Denpasar.

Suwitra, I Made. 2021, The Existence of Ownership and Ownership Rights over Customary Land in Bali, Pustaka Larasan, Denpasar.

Suwitra, I Made. I Made Minggu Widyantara., and I Nyoman Sujana. 2016, Pauman Land Tenure Model in Karangasem Regency, Journal of Law and Development, Year 46, No. 4.

Suwitra, I Made. I Made Sunday Widyantara., I Nyoman Sujana. 2016, Pauman Land Tenure Model in Karangasem Regency, Journal of Law and Construction, 46th Year, No. 4.

Suwitra, I Made. 2020, Land Registration Model as a Form of Customary Land Administration in Bali, Digital Book "Land, People and Investment After the Job Creation Law (1)", CV Media Sains Indonesia, Bandung.

Central Statistics Agency of Karangasem Regency.2022. Location and area. Karangasem: https://Karangasemkab.bps.go.id, accessed August 11, 2022

Constitution of the Republic of Indonesia of 1945

Law Number 5 of 1960 concerning Regulation of Dasa r Agrarian Principles

Government Regulation in Lieu of Law Number 56 of 1960 concerning Determination of Agricultural Land Area

Government Regulation of the Republic of Indonesia Number 38 of 1963 concerning the Appointment of Legal Entities That Can Have Property Rights to Land

Government Regulation No. 24 of 1997 concerning Land Registration

Regulation of the Minister of State for Agrarian affairs and Spatial Planning / Head of the National Land Agency Number 6 of 2018 concerning Complete Systematic Land Registration.

Decree of the Minister of Home Affairs Number 556 / DJA / 1986 concerning the Appointment of Temples as Legal Entities That Can Have Land Rights.

Decree of the Minister Agraria and Tata Rmoney/Head of the National Land Agency Number 575 of 2019 concerning the Designation of Pekraman Village as a Subject of Joint Ownership Rights (communal)

Awig-awig of Pauman Gedong Sari Temple, Duda Village, Selat District, Karangasem Regency

Civil Code