Legal Certainty Perspective on Ulayat Land Ownership in Bali

DOI

10.2991/icblt-18.2018.24How to use a DOI?

Keywords

Pakraman Village, Ulayat Land, ownership rights, legal certainty

Abstract

This paper examines the model of certainty and legal protection on the ownership of Ulayat Land of Desa Pakaraman (Traditional Village). Normative legal research method was used to describe the uncertainty and duplication of norm between Agrarian Law, Decree of Minister of Agrarian and Awig-awig (Customary Law), as a local law of Balinese society. The data collected includes the written form of rules of agrarian law and Awig-awig, and library study utilizing documentation and recording techniques. The result shows that the model of Ulayat Land ownership is executed preventively and repressively based on customary law and government law. Meanwhile, legal certainty over the ownership of Ulayat Land can be realized in the form of proprietary proof. The simple consideration is that by the appointing Pakraman Village as the subject of communal ownership of land, there will be a rejection of the existence of the Ulayat Rights of individuals and the public.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - I Made Suwitra
AU  - I Nyoman Alit Puspadma
PY  - 2018/11
DA  - 2018/11
TI  - Legal Certainty Perspective on Ulayat Land Ownership in Bali
BT  - Proceedings of the International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2018)
PB  - Atlantis Press
SP  - 97
EP  - 100
SN  - 2352-5398
UR  - https://doi.org/10.2991/icblt-18.2018.24
DO  - 10.2991/icblt-18.2018.24
ID  - Suwitra2018/11
ER  -