沿海土地使用权的培训与云嘎山传统村落的村委会

Ni Komang, Rai Widhyaningsih, Made Suwitra
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摘要

本文分析了云嘎山传统村落中沿海土地的村规民俗。本文研究的重点是已经认证的土地,而Ulayat土地是与有关习惯法社区成员共同拥有的土地。本文采用的研究方法是实证法学研究方法,运用了法学方法、分析方法、案例方法、习惯法方法和法律社会学方法。本文对法律材料的分析是通过使用几种法律理论进行的,即法律确定性理论,权威理论,正义理论和利益理论,这些理论将在本研究中作为讨论法律问题的分析工具。可以得出的结论是,习惯土地对沿海土地的控制权遵循1945年《宪法》第33条第(3)款和《刑法》第2条第(1)款所规定的控制权概念。云加山传统村落管理的沿海土地使用规定已经有了明确的规定和规范,在云加山传统村落awigi - awig和云加山传统村落Perarem 2020年第06号中可以看出,云加山村落的沿海土地使用有明确的安排。Ungasan传统村落。关于Ungasan传统村对其领土内沿海土地的使用权的权威,其依据是Ungasan传统村根据1945年《联合国海洋法公约》第18条所拥有的习惯性土地权利的存在。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
TRAINING VILLAGE TENURE RIGHTS ON COASTAL LAND VS VILLAGE ULAYAT IN UNGASAN TRADITIONAL VILLAGE
This paper analyzes the Customary Village Tenure Rights on Coastal Land as Village Customs in the Ungasan Traditional Village. The focus of the study in this paper is on land that has been certified and Ulayat land is joint land with the members of the customary law community concerned. The research method used in this paper is an empirical legal research method using the Legal Approach, Analytical, Case Approach, Customary Law Approach, and Legal Sociology Approach. The analysis of legal materials in this paper is carried out by using several legal theories, namely Legal Certainty Theory, Authority Theory, Justice Theory, and Benefit Theory where these theories will later serve as analytical tools in discussing legal issues in this study. It can be concluded that the right of control over customary land to coastal land follows the concept of control rights regulated in Article 33 paragraph (3) of the 1945 Constitution in conjunction with Article 2 Paragraph (1) of the BAL. The regulation on the use of coastal land controlled by the Ungasan Traditional Village has been stated and regulated clearly as it turns out in the Ungasan Traditional Village Awig-Awig and Ungasan Traditional Village Perarem Number 06 of 2020, it can be seen that there are clear arrangements relating to the use of coastal land areas in the Ungasan Village. Ungasan Traditional Village. In relation to the authority of the Ungasan Traditional Village on the utilization of the coastal land area in its territory, it is based on the existence of the customary land rights owned by the Ungasan Traditional Village based on Article 18 of the 1945 B UUD.  
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