LARANGAN UNTUK PEMINDAHAN TANAH DALAM MASYARAKAT HUKUM ADAT BALI: PERSPEKTIF HUKUM TANAH NASIONAL

Main Author: Suwitra, I Made
Format: Article eJournal
Bahasa: eng
Terbitan: [ 3 ] JURNAL HUKUM & PEMBANGUNAN , 2012
Online Access: http://lib.law.ugm.ac.id/ojs/index.php/jhp/article/view/1592
Daftar Isi:
  • Traditional as communal land which is tenanted individually, whether in the form of Pekarangan Desa or Ayahan Desa, has religious and communal aspects because it is always attached to the ayahan as the form of individual duty of the tenant for serving their traditional village. But, lately, most of the land has been converted into full individual land based on Law No 5 year 1960, so that the land does not have communal and religious aspect. but it has social functions in the form of secularism. In some traditional villages in Bali nowadays the transference of 'the tenancy of the communal land cannot be avoided so that it can make conflict because up till now there hasn't been any clear agreement in understanding the tenancy, ownership, including the transference, in which for this time the understanding is only in relation to right of the tenant, not the status of the land. Key Words: transference, communal land, ayahan, conflict