{"title":"CONVERSION OF VILLAGE DRUWE RIGHTS BECAME PROPRIETARY RIGHTS ACCORDING TO ARTICLE II PROVISIONS ON THE CONVERSION OF AGRARIAN LAWS (UUPA)","authors":"Nonik Latifah","doi":"10.26532/jph.v6i3.10872","DOIUrl":null,"url":null,"abstract":"ABSTRACTBali Provincial Regulation Number 3 of 2001 which has been amended by Bali Provincial Regulation number 3 of 2003 concerning Desa Pakraman article 9 paragraph (5) explicitly states that land owned by Pakraman village of Bali cannot be certified in the personal name and Decree of the Minister of Agrarian Affairs and Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights designates the pakraman village as the subject of joint ownership rights. This brings polemic related to the existence of the village Druwe's land rights. Then the focus of this research is whether the conversion of Druwe Village Rights Into Property Rights According to Article II Provisions for Conversion of the Basic Agrarian Law (UUPA) is in accordance with the law. How should the conversion of Druwe Desa rights to land rights according to the LoGA. as for the research methods used Normative law research (normative law research). The approach used. Statute Approach and Historical Approach. The results of this study are found. Conversion of Village Druwe Rights to Property Rights According to Article II, the Conversion Provisions for the Basic Agrarian Law (UUPA) are not in accordance with the law, because the rights of village druwe with ownership rights do not have in common or similarities either with respect to the subject of the holder of his land rights or the authority of the holder of his right, so that conversions cannot be carried out. This is reinforced by article 9 paragraph (5) of the Regional Regulation of the Province of Bali Number 3 of 2001 which has been amended by the Regional Regulation of the Province of Bali number 3 of 2003 concerning Desa Pakraman regarding land owned by the village of pakraman in Bali cannot be certified in the personal name and the Decree of the Minister of Agrarian Affairs Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2019-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Jurnal Pembaharuan Hukum","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.26532/jph.v6i3.10872","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
ABSTRACTBali Provincial Regulation Number 3 of 2001 which has been amended by Bali Provincial Regulation number 3 of 2003 concerning Desa Pakraman article 9 paragraph (5) explicitly states that land owned by Pakraman village of Bali cannot be certified in the personal name and Decree of the Minister of Agrarian Affairs and Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights designates the pakraman village as the subject of joint ownership rights. This brings polemic related to the existence of the village Druwe's land rights. Then the focus of this research is whether the conversion of Druwe Village Rights Into Property Rights According to Article II Provisions for Conversion of the Basic Agrarian Law (UUPA) is in accordance with the law. How should the conversion of Druwe Desa rights to land rights according to the LoGA. as for the research methods used Normative law research (normative law research). The approach used. Statute Approach and Historical Approach. The results of this study are found. Conversion of Village Druwe Rights to Property Rights According to Article II, the Conversion Provisions for the Basic Agrarian Law (UUPA) are not in accordance with the law, because the rights of village druwe with ownership rights do not have in common or similarities either with respect to the subject of the holder of his land rights or the authority of the holder of his right, so that conversions cannot be carried out. This is reinforced by article 9 paragraph (5) of the Regional Regulation of the Province of Bali Number 3 of 2001 which has been amended by the Regional Regulation of the Province of Bali number 3 of 2003 concerning Desa Pakraman regarding land owned by the village of pakraman in Bali cannot be certified in the personal name and the Decree of the Minister of Agrarian Affairs Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights.
摘要巴厘省2001年第3号条例经2003年关于Desa Pakraman的第3号条例修订,第9条第(5)款明确规定,巴厘Pakraman村所有的土地不能以个人名义和农业事务和空间规划部长/国家土地局局长第276号/ Kep-19号法令进行认证。2 / X / 2017号关于任命巴厘省Pakraman村为共同所有权主体的文件,指定Pakraman村为共同所有权主体。这就引发了与村庄德鲁威土地权是否存在有关的争论。那么本文研究的重点是,根据《基本土地法》第二条的转换规定,将德鲁威村权转换为财产权是否符合法律规定。如何根据《土地契约》将德鲁威德萨权利转换为土地权。在研究方法上,运用了规范性法研究(Normative law research)。使用的方法。法规方法和历史方法。本研究的结果被发现。《基本土地法》第二条认为,具有所有权的村姑权利在土地权利人的主体和权利人的权限上没有共同或相似之处,因此村姑权利向财产权的转换不符合法律规定。2001年《巴厘省第3号地区条例》第9条第(5)款加强了这一点,2003年《巴厘省第3号地区条例》对关于巴厘Pakraman村拥有的土地不能以个人名义证明的Desa Pakraman,以及农业事务空间规划部长/国家土地局局长第276号/ Kep-19号法令进行了修订。2 / X / 2017关于任命巴厘省Pakraman村为公有所有权主体的决议。