scholarly journals Peranan Bendesa dalam Penyelesaian Sengketa Tanah Waris di Desa Adat Buduk

2020 ◽  
Vol 2 (1) ◽  
pp. 32-36
Author(s):  
I Gede Suka Widyantara ◽  
I Ketut Sukadana ◽  
Diah Gayatri Sudibya

Abstract-In the inheritance system, people in Bali have a system of inheritance that originates from the male kinship system which causes the relationship to be emphasized more according to the husband's lineage. Generally, any inheritance disputes do not have to end in court, because disputes about inheritance involve adat law in their resolution. Moreover, if the inheritance land dispute is still a family dispute, then the settlement should also be settled amicably through the active role of the Bendesa as the Leader in Pakraman Village. The formulation of the problem in this study is: How is the regulation of inheritance in Pakraman Buduk Village ?, What is the role of Bendesa in the settlement of inheritance land disputes in Pakraman Buduk Village? The problems discussed are examined from an empirical point of view. The results showed that the inheritance arrangement in Pakraman Buduk Village was in accordance with the contents of awig-awig Pakraman Buduk village contained in Palette 4 Pawos 75 to Pawos 78 which included inheritance, heirs, heir obligations, inheritance distribution, and loss of rights to be heir. The role of adat Bendesa in the settlement of inheritance land disputes in Desa Pakraman Buduk as a mediator. Keywords: Inheritance, Bendesa, Dispute Resolution Abstrak-Dalam sistem kewarisan, masyarakat di Bali memiliki sistem kewarisan yang bersumber dari sistem kekerabatan laki-laki yang menyebabkan pertalian hubungan lebih dititikberatkan menurut garis keturunan suami. Umumnya pada setiap sengketa tanah waris tidak harus berakhir di pengadilan, karena sengketa tentang waris melibatkan hukum adat dalam penyelesaiannya. Apalagi kalau sengketa tanah waris tersebut masih merupakan sengketa yang bersifat kekeluargaan, maka penyelesaiannya pun seharusnya diselesaikan secara kekeluargaan melalui peranan aktif dari pihak Bendesa selaku Pemimpin di Desa Pakraman. Rumusan masalah dalam penelitian ini adalah Bagaimana pengaturan warisan di Desa Pakraman Buduk ?, Bagaimana peranan Bendesa dalam penyelesaian sengketa tanah waris di Desa Pakraman Buduk ?. Permasalahan yang dibahas dikaji berdasarkan sudut pandang empiris. Hasil penelitian menunjukkan, bahwa Pengaturan warisan di Desa Pakraman Buduk sesuai dengan isi awig-awig Desa Pakraman Buduk termuat dalam Palet 4 Pawos 75 sampai dengan Pawos 78 yang mencakup tentang harta warisan, ahli waris, kewajiban ahli waris, pembagian warisan, dan kehilangan hak untuk menjadi ahli waris. Peranan Bendesa adat dalam penyelesaian sengketa tanah waris di Desa Pakraman Buduk sebagai mediator. Kata Kunci: Warisan, Bendesa, Penyelesaian sengketa

2019 ◽  
Vol 5 (1) ◽  
pp. 133-146
Author(s):  
Cornelia Junita Welerubun

Unalienated land dispute resolution in a way that is custom done by indigenous chiefs to resolve the dispute relating to customs. To resolve the disputes of indigenous chiefs hold a customary or sitting often known as judicial customs. The judicial nature of the Customs mediation, there is King as a mediator in it. The important role of indigenous chiefs of in dispute resolution is needed, this is because Community law is very respectful of indigenous chiefs. Legal protection must be viewed stages namely legal protection was born from a provision of the law and the rule of law given by a society that basically is the community's agreement to regulate the relationship between the behavior members of the society and between the individuals with the Government deemed to represent the interests of the community. Legal protection is not a true picture of the work function of the law itself that its purpose is not to provide other guarantees of fairness, expediency and also legal certainty. Legal protection will be more evident in the ownership of land rights is supported by the presence of certificate of land rights, as a means of proof of land ownership rights.


2021 ◽  
Vol 38 (4) ◽  
Author(s):  
Siham Jabraoui ◽  
Hasnaa Gaber

Can we consider customer culture as a prerequisite for the CRM success? This is the core proposition of this research, which aims to study customer culture as a determining variable in CRM projects on one hand, and to analyze the impact of these projects on the development of customer culture in three Moroccan banks on the other hand. The first proposition illustrates the first meaning of the relationship by studying the impact of a CRM project on the development of customer culture. The second illustrates the other meaning namely the role of customer culture in the implementation of a CRM project. In order to analyze these proposals from an empirical point of view, we chose to conduct a qualitative survey via semi-structured interviews with CRM project actors in three Moroccan banks: Alpha, Beta, Gamma.


Author(s):  
N.V. Belov ◽  
U.I. Papiashwili ◽  
B.E. Yudovich

It has been almost universally adopted that dissolution of solids proceeds with development of uniform, continuous frontiers of reaction.However this point of view is doubtful / 1 /. E.g. we have proved the active role of the block (grain) boundaries in the main phases of cement, these boundaries being the areas of hydrate phases' nucleation / 2 /. It has brought to the supposition that the dissolution frontier of cement particles in water is discrete. It seems also probable that the dissolution proceeds through the channels, which serve both for the liquid phase movement and for the drainage of the incongruant solution products. These channels can be appeared along the block boundaries.In order to demonsrate it, we have offered the method of phase-contrast impregnation of the hardened cement paste with the solution of methyl metacrylahe and benzoyl peroxide. The viscosity of this solution is equal to that of water.


2019 ◽  
Vol 3 (3) ◽  
pp. 395-416
Author(s):  
Rahmat Nofrizal ◽  
Husni Jalil ◽  
Muhammad Saleh

Pada tahun 2016, Pemerintah Aceh membentuk Dinas Pertanahan Aceh yang kewenangannya mengurusi di bidang pelayanan pertanahan. Salah satu kewenangannya adalah dalam hal penyelesaian sengketa pertanahan. Pada Kenyataannya, Badan Pertanahan Nasional (BPN) juga memiliki kewenangan dalam penyelesaian sengketa pertanahan di Aceh. Terdapat tumpang tindih kewenangan dua lembaga negara dalam hal penyelesaian sengketa pertanahan di Aceh. Penelitian ini bertujuan untuk mengetahui kedudukan Dinas Pertanahan Aceh dalam penyelesaian sengketa pertanahan pasca Perpres Nomor 23 Tahun 2015. Penelitian ini menggunakan metode penelitian yuridis normatif. Hasil penilitian menunjukkan bahwa kedudukan Dinas Pertanahan Aceh memiliki peranan penting dalam penyelesaian sengketa pertanahan yang terjadi di Aceh. Lahirnya Dinas Pertanahan Aceh dapat mempermudah akses masyarakat dalam hal penyelesaian konflik tanah. Disarankan DPR Aceh bersama Gubernur Aceh perlu mempercepat proses pengesahan draf Qanun Pertanahan Aceh sebagai payung hukum bagi Dinas Pertanahan Aceh dalam mengoptimalkan peran dan fungsinya terkait penyelesaian sengketa pertanahan di Aceh.In 2016, the Aceh Government formed the Regional Land Office of Aceh whose authority held government affairs in land services. One of the authorities of the Regional Land Office of Aceh is in terms of land dispute resolution and conflict. The National Land Agency (BPN) also has authority in resolving land disputes in Aceh. There are overlaps in the authority of two state institutions regarding resolving land disputes in Aceh. This study aims to determine the position of the Regional Land Office of Aceh in settlement of land disputes after the issuance of the Presidential Regulation Number 23 of 2015. This study uses a normative juridical research method. The research results show that the position of the Regional Land Office of Aceh has a significant role in resolving land disputes that occurred in Aceh. The establishment of The Regional Land Office of Aceh can facilitate public access in terms of resolving land conflicts. It is suggested that the Aceh House Representative together with the Governor of Aceh need to accelerate the process of ratifying the draft of Qanun (Islamic bylaw) of Aceh Land as a strong legal standard for the Regional Land Office of Aceh in optimizing its roles and functions related to land dispute resolution in Aceh.


2018 ◽  
Vol 7 (1) ◽  
pp. 71-96
Author(s):  
María Mare ◽  
Enrique Pato

The distribution of DDPP in raising constructions –depending on the embedded clause’s formal properties– has been essential for Case Theory and movement. Likewise, the behavior of DDPP, according to agreement facts, has given rise to relevant discussions about the kind of movement involved (A-Movement/A’-Movement). Nevertheless, this distribution is not so clear in certain Spanish dialects, which shows a double agreement effects. It means that the embedded verb as well as the raising verb (parecer ‘to seem’) present inflectional number (and person) morphology: Parece-n que lo olvida-n (seem.3PL that it forget.3PL ‘They seem to forget him’). The analysis of the data in these varieties allows us to define many characteristics which are relevant from a descriptive and a theoretical point of view. Descriptively, it is possible to identify some notable particularities, with respect to the position of the DP, which triggers agreement and the interaction of these constructions with dative experiencers as well (Me parece que... ‘It seems to me that...’). From a theoretical point of view, these data have consequences for approaches on agreement, on the relationship between Case and movement, and on the discussion regarding the Experiencer Paradox in Spanish. Additionally, they allow us to identify a new empirical domain in which a DP plural number feature has an active role in the Probe-Goal domain.


Asian Studies ◽  
2015 ◽  
Vol 3 (1) ◽  
pp. 129-144 ◽  
Author(s):  
Kristýna VOJTÍŠKOVÁ

 According to some thinkers, in the 21st century, the Japanese society is facing a crisis of values. The postmodern approach to the individual and society may be one of the causes of this problem. In this point of view, an inadequate grasp of the relationship between the individual and the society seems to play an important role. The problem of this relationship was elaborated by the early 20th century philosopher Watsuji Tetsurō who endeavoured to re-define the role of an individual in the society. This paper attempts to examine the contemporary problem of Japanese identity from the perspective of Watsuji’s conception of interpersonal relationships. 


1970 ◽  
Vol 117 (539) ◽  
pp. 397-403 ◽  
Author(s):  
R. S. Ferguson ◽  
M. W. P. Carney

There is a body of opinion which regards psychiatrically ill individuals, or at least one great class or subdivision of them, as suffering primarily from disturbances in personal relationships and social interaction processes generally. Sullivan, Horney and Fromm have made the most significant theoretical contributions to this subject, and empirical applications have been reported by Balint (1957), Maxwell Jones (1968), Rapoport (1960) and Laing (1961). These writers have at least this in common, that they take the point of view that since the pathology of the illness lies in social relationships the fundamental treatment process must lie there also—must, in fact, consist of re-experiencing social interaction within a therapeutic re-educative framework. In the past attention has been directed principally to the doctor-patient relationship as a heuristic model of social interaction, but Rapoport has extended the operational range of significant interaction to include all staff-patient, staff-staff and patient-patient encounters. As the recent Subcommittee of the Central Health Services Council has pointed out (1968), little has been written of the nurse as therapist, but a considerable literature has accumulated concerning the role of the social worker or caseworker or counsellor (e.g. Halmos, 1965). Halmos investigates the nature of such relationships, and finds therapeutic utility to be unrelated to intellectual skills. The therapeutic process is adjudged to lie in the relationship, true enough, but the essential qualities have more to do with the interpersonal styles of the therapist, than with his analytical expertise. Such is his conclusion. Apparently social skills are necessary for the professional worker, but intellectual skills for the problems to be unravelled are of little importance, and are largely irrelevant.


Author(s):  
Татьяна Черкашина ◽  
Tatiana Cherkashina ◽  
Н. Новикова ◽  
N. Novikova ◽  
О. Трубина ◽  
...  

The article considers the conceptualization of the world from the point of view of its methodological paradigm assessment in the context of the globalizing world. A retrospective analysis of the relationship between language and human speech activity is given. The authors explain the role of language as a socio-cultural phenomenon in the formation of worldview systems that develop in the consciousness with the help of minimal units of human experience in their ideal meaningful representation in special concepts, which allows the individual to think within the boundaries of a certain linguistic picture of the world. Analyzes the problems of the functioning of communicative norms with regard to the hierarchy of the spiritual representations of the world. The article attempts to consider the impact of the “blurring” of the information boundaries of the globalizing world on the cognitive abilities of the individual in the nomination, qualification of the subject, phenomenon, process.


2016 ◽  
Vol 4 (4) ◽  
pp. 367-384 ◽  
Author(s):  
Thomas Birkner ◽  
Daniel Nölleke

Using the concept of mediatization, in this article, we analyze the relationship between sport and media from a sport-centered perspective. Examining the autobiographies of 14 German and English soccer players, we investigate how athletes use media outlets, what they perceive as the media’s influence and its logic, and—crucially—how this usage and these perceptions affect their own media-related behavior. Our findings demonstrate the important role of the media for the sports systems from the athlete’s point of view and demonstrate the research potential of mediatization as a fruitful concept in studies on sport communication. On the one hand, the sport stars reflect in their autobiographies that their status and income depend on media coverage; and on the other hand, they complain about the omnipresence of the media, especially offside the pitch and feel unfairly treated by the tabloid press, both in England and in Germany.


Popular Music ◽  
2006 ◽  
Vol 25 (2) ◽  
pp. 221-234 ◽  
Author(s):  
MATT BRENNAN

This article explores the relationship between musicians and the music press from the musicians' point of view, based on a collection of recent interviews with musicians working in the pop and jazz fields. It will expose some of the concrete effects of the music press using examples from the everyday experiences of musicians, which include the influence of the press in record retail, genre labelling, and creating industry buzz. But while musicians may have a pragmatic understanding of the role of music criticism, their perspectives are emotionally heated in direct proportion to the influence the press holds over their own livelihoods. The interests of the working music critic often conflict with the interests of the working musician, and this article will conclude with a discussion of how the practical conflict of interests between musicians and critics is reflected in ideological differences between the two groups.


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