scholarly journals Kedudukan Krama Desa yang Beralih Agama dalam Tanah Karang Desa di Desa Adat Canggu Badung

2020 ◽  
Vol 1 (1) ◽  
pp. 59-67
Author(s):  
I Komang Suartama Yasa
Keyword(s):  
Social Problems ◽  
Legal Research ◽  
Land Disputes ◽  
The Status ◽  
Customary Land ◽  
And Function ◽  
The Village

The status and function of customary land causes land problems to become complex, which can be a source of legal and social problems that appear in various forms of land disputes. Likewise with respect to the village plots, it is not free from disputes. There are many factors that lead to the disputes in village yards. The objectives of this study is to examine the rights and obligations of the village manners who occupy the village reef land and to examine the position of the village manners who are no longer Hindu towards the village coral land are in accordance with the Canggu Badung Adig village awig-awig. The type of study used is empirical legal research. The results of this study is 1) the rights and obligations of the village manners who occupy the village reef land in accordance with awig- awig Adat Canggu Badung Village is to occupy the village coral land, bearing in mind the village manners who occupy the village coral land have been regulated in Awig-Awig Canggu Adat Village, Pawos 4 Paragraph (1) and is obliged to participate in retribution, carrying out village directives and paying contributions. 2) The position of the village manners who are no longer Hindu towards the village coral land is in accordance with the awig-awig of the Traditional Village of Canggu Badung every village manners who convert, then the manners are called tamiu manners. Based on this, all the assets or facilities of the customary village must be returned to the customary village, including the village coral land it occupies, as stated in the Pararem of the Canggu Customary Village, Pawos 4 Paragraph (3).

scholarly journals PENYELESAIAN SENGKETA TANAH SOKO PADA SUKU BENDANG KAMPAR RIAU DENGAN CORAK HUKUM ISLAM

2018 ◽  
pp. 289
Author(s):  
Hengki Firmanda
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Empirical Studies ◽  
Land Ownership ◽  
Maternal Lineage ◽  
Legal Research ◽  
Land Disputes ◽  
The Status ◽  
Customary Land ◽  
Ownership Of Land

The purpose of this study was to describe the ownership status of Soko land in the Indigenous People of the Bendang Tribe, Kampar, Riau; and explain the settlement of the transfer dispute over the ownership of Soko Land to the Indigenous People of the Bendang Tribe, Kampar, Riau. The existence of indigenous peoples will not be separated from their customary lands. The existence of indigenous peoples will be determined by ownership of their customary land. Indigenous people will not be called indigenous peoples without owning their customary land. This type of research is sociological legal research, namely research in the form of empirical studies to find theories about the process of occurrence and the process of working the law in society. The results of this study are, the status of ownership of Soko land in the indigenous people of the kampar tribe of the kampar district is attached to the community that has a maternal lineage. The transfer of ownership of soko land to the indigenous people of the dam tribe of Kampar District is the transfer of ownership of land between generations according to lineage and the transfer of land ownership to the settlement of land disputes.

scholarly journals IMPLEMENTASI DANA DESA MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2014

2020 ◽  
Vol 1 (2) ◽  
pp. 22-29
Author(s):  
Kasman Siburian ◽  
Hisar Siregar ◽  
Tri Dennis Boy Silitongan
Keyword(s):  
Financial Management ◽  
Descriptive Analysis ◽  
Analysis Approach ◽  
Legal Research ◽  
Fund Allocation ◽  
Village Community ◽  
The Status ◽  
The Law ◽  
The Village

The presence of the Law on Villages, namely Law No.6 of 2014 strengthens the status of the Village as a community government as well as a Village power to build infrastructure and prosper the Village community. Villages receive transfer funds from the regions in the form of Village Fund Allocation (ADD). This research was conducted in Lobusiregar II Village, Siborongborong District, North Tapanuli Regency. This study aims to analyze village financial management in managing the Village Fund Allocation. This type of research is a juridical emipirical legal research with a descriptive analysis approach. This research was conducted using documentation techniques and interviews with parties involved in ADD management. The results of the description are obtained through the analysis of Permendagri No. 113 of 2014 by comparing the realization in the field.  

scholarly journals PEMANFAATAN TANAH NON-SERTIFIKASI MENURUT HUKUM PERJANJIAN BARAT & ISLAM (Studi Kasus Rencana Pemanfaatan Tanah oleh PT. Solusi Bangun Indonesia dengan Pemerintah Desa Sawir, Kecamatan Tambakboyo, Kabupaten Tuban)

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Ario Patra Nugraha ◽  
Chamim Tohari
Keyword(s):  
Qualitative Research ◽  
Land Use ◽  
Land Rights ◽  
Land Ownership ◽  
Legal Research ◽  
The Status ◽  
Customary Rights ◽  
Village Government ◽  
The Village

This research discusses about the status of land rights whose ownership has been not clear yet, which is the object of cooperation in utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk, according to the laws and principles in force in Indonesia. The problems that will be answered in this study include: (1) What is the status of land rights that are used as objects of utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk? (2) How is the land use cooperation between Sawir Village Government and PT Solusi Bangun Indonesia Tbk according to Western and Islamic Covenant Law? This type of research is a qualitative research, while the approach used is an empirical juridical approach, namely legal research that functions to see the laws that apply in the community. The results of this research are: (1) According to the Sawir Village Government, the land belongs to the Village Government as evidenced by the existence of a field map in the village C book. Meanwhile, according to the Tuban Regency Government, the Tuban Regency National Land Agency, and PT Solusi Bangun Indonesia Tbk, the land ownership is not registered and cannot be claimed as an asset of Sawir Village. According to Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles article 19 paragraph 1, the land cannot be referred to as land belonging to Sawir Village until the certification is completed on behalf of the village. And to get the ownership certificate, the Sawir Village Government must register or submit an application for ownership of the land to the National Land Agency of Tuban Regency. (2) According to the Islamic Covenant Law, the status of the land does not meet the requirements as an object of the agreement. This is because the land has not been legally proven to be owned by the Sawir Village Government. Whereas one of the main requirements for the validity of an agreement is that the object of the agreement must be legally owned by one of the parties who entered into the agreement.Keywords: Utilization, Non-Certified Land, Covenant Law, Customary Rights

scholarly journals Moronene Indigenous Recognition and Protection Regulation Hukaea Laea in Bombana County

2021 ◽  
Vol 5 (2) ◽  
pp. 160-166
Author(s):  
Bakri Sulaiman
Keyword(s):  
Indigenous Peoples ◽  
National Park ◽  
Customary Law ◽  
Legal Research ◽  
The Status ◽  
The Law ◽  
Park Area ◽  
Customary Land

Regulations on the Recognition and Protection of Customary Law Communities are not always effective. This study was to determine the concept of recognition and protection of the Customary Law Community in Rawa Aopa Watumohai National Park. This research is a normative legal research. The results of the research are First, the law still provides conditional recognition of indigenous peoples, which limits their space. second, that the recognition and protection of the customary MHA of Moronene Hukaea Laea in Bombana Regency has not been maximized. They have received recognition and protection through a recognition of perda, but their customary territory still has the status of designating a National Park Area, so they cannot use it as customary land.

scholarly journals IMPLEMENTASI DANA DESA SESUAI UNDANG-UNDANG NOMOR 6 TAHUN 2014 (STUDI KASUS DESA LOBUSIREGAR II KECAMATAN SIBORONG-BORONG KABUPATEN TAPANULI UTARA)

2021 ◽  
Vol 2 (01) ◽  
pp. 80-92
Author(s):  
Rinsofat Naibaho ◽  
Hisar Siregar ◽  
Tri Dennis Boy Silitonga
Keyword(s):  
Financial Management ◽  
Descriptive Analysis ◽  
Analysis Approach ◽  
Legal Research ◽  
Fund Allocation ◽  
Village Community ◽  
The Status ◽  
The Law ◽  
The Village

The presence of the Law on Villages, namely Law No.6 of 2014 strengthens the status of the Village as a community government as well as a Village power to build infrastructure and prosper the Village community. Villages receive transfer funds from the regions in the form of Village Fund Allocation (ADD). This research was conducted in Lobusiregar II Village, Siborongborong District, North Tapanuli Regency. This study aims to analyze village financial management in managing the Village Fund Allocation. This type of research is a juridical-emipirical legal research with a descriptive analysis approach. This research was conducted using documentation techniques and interviews with parties involved in ADD management. The results of the description are obtained through the analysis of Permendagri No. 113 of 2014 by comparing the realization in the field.

scholarly journals Kedudukan Hukum Wanita yang Mulih Daha di Banjar Munggu Kecamatan Mengwi Kabupaten Badung

2020 ◽  
Vol 1 (2) ◽  
pp. 142-147
Author(s):  
Ni Komang Tri Intan Suaristiwayani ◽  
I Ketut Sukadana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Indigenous People ◽  
Research Method ◽  
Legal Research ◽  
Sociological Approach ◽  
Legal Provisions ◽  
The Status ◽  
The Right ◽  
The Village

For Balinese indigenous people, a woman returning to her parents’ home due to divorce has the status of mulih daha. With this status, a woman will have swadharma (obligations) and swadikara (rights) just like before the marriage took place in their respective homes. Several women who have experienced a mulih daha case have visited Banjar Munggu to regain their rights and carry out their obligations. This study examines the procedure for the return of a Balinese woman with the status of mulih daha and their customary position in Banjar Munggu Mengwi Badung. To achieve this goal, this research was conducted using an empirical legal research method with a sociological approach to law. Data were collected through selecting and summarising the data obtained from applicable legal provisions into relevant data with the object of the study. The results reveal that a woman with mulih daha status as a result of divorce does not have the right to inherit from her husband’s assets and / or that of their parents’, except from joint assets in inheritance. In Banjar Munggu Mengwi, the inheritance provisions for women with mulih daha status are clearly stipulated in the Awig-Awig of Banjar Adat, stipulating that every woman with the status of mulih daha is prohibited from joining in the village organisation.

Peran Sekretaris Desa Setelah Pengangkatan Menjadi Pegawai Negeri Sipil

2019 ◽  
Vol 5 (1) ◽  
pp. 68-78
Author(s):  
Muhammad Muhammad
Keyword(s):  
Qualitative Research ◽  
Civil Servant ◽  
Civil Servants ◽  
Spoken Words ◽  
Aceh Province ◽  
The Status ◽  
And Behaviors ◽  
And Function ◽  
The Village ◽  
Role And Function

This study aims to identify and report the effectiveness of the role and function of the Village secretary after his appointment as a Civil Servant. This research is a descriptive qualitative research that generates data in the form of written or spoken words from observable events and behaviors. The technique of obtaining data through observation, interviews, and documentation. The results showed that of the 47 Gampong (a village in the Aceh province called Gampong) in Tanah Jambo Aye sub-district, North Aceh, only 16 Gampong have village secretaries with the status of Civil Servants. The inference of the study is that the roles and functions of the Gampong secretary after his appointment as Civil Servants in 16 Gampong in Tanah Jambo Aye District have been carried out according to their respective abilities, even though the implementation of their main duties and functions has not been realized effectively. It is recommended that the Gampong Secretary who has been appointed as a Civil Servant can carry out his main duties and functions professionally by having competence in the administrative field.

scholarly journals WAKAF SEBAGAI BENDA PUBLIK DAN PERLINDUNGAN HUKUM KEABADIANNYA TERHADAP PERALIHAN DAN PERUBAHAN FUNGSINYA

2020 ◽  
Vol 2 (02) ◽  
Author(s):  
Helza Nova Lita
Keyword(s):  
Legal Protection ◽  
Active Role ◽  
Legal Research ◽  
International Attention ◽  
The Status ◽  
Hagia Sophia ◽  
Direct Duty ◽  
The Government ◽  
And Function

<p><em>Various cases of the loss of the status of waqf objects, including the change in their function, are a number of problems that occur in the practice of waqf. For example, in the re-functioning of Hagia Sophia as a mosque which was announced by the Government of Turkey, it became news that attracted international attention, including in Indonesia, where previously the building was used as a meseum. The transition of waqf objects is interesting to study considering that the change in the function of waqf  has also occurred in Indonesia. For this reason, this article will discuss how the legal protection of waqf as public good against the transfer of their status and function as waqf. The method used in this article is a legal research method with a normative juridical. </em><em>Waqf is a public object whose existence and function must be protected so that it is not illegally abused</em><em>. </em><em>The importance of protection of waqf  in a comprehensive manner includes the registration and publication. Likewise, in terms of the supervision of waqf, either from the state or the government or Nazhir, which has a direct duty to supervise and manage waqf , including the active role of the community.</em></p>

scholarly journals Peranan Tu’a Golo Dalam Menyelesaikan Sengketa Tanah Ulayat Di Kecamatan Cibal Barat Manggarai Nusa Tenggara Timur

2020 ◽  
Vol 1 (1) ◽  
pp. 23-43
Author(s):  
Afradiana Murni ◽  
I Wayan Landarawan ◽  
I Nyoman Natajaya
Keyword(s):  
Peace Treaty ◽  
Land Dispute ◽  
Land Disputes ◽  
Qualitative Descriptive ◽  
Descriptive Approach ◽  
Customary Land ◽  
The Village ◽  
The Way

This studyamis are to find out how golo tu’a resolving ulayat and disputes, the factors causingthe land disputes, the from of land disputes the occur in the village of Golo Lanak, West Cibal Subdistrict, Mangarai NTT, and the way tu’a golo ( adat head) in resolving ulayat and disputes in Golo Lanak Village, Cibal Barat District, Manggarai, NTT. This study use qualitative descriptive approach and the data was collected using the method of observation, interviews and documentation. The results of the study indicate that : the cause of ulayat land disputes is due to the land boundary of Golo Lanak Village is unclear. Disputes that onccur in Golo Lanak Village are the traditional community of Golo Woi Village (kina tribe) controlling the customary land owned by Golo Lanak Village (maki tribe) disputes is namely in the from of utterances of words where each thinks that they are right and entitle to land. The method of golo tua in resolving the costomary land dispute in the village of Golo Lanak is through lonto leok (deliberation). These are the customs and symbols of the Manggarai tradisional community that are used. In this from. Efforts to resolve ulayat land diputes are resolved with the hambor damai (somekind of peace treaty)

scholarly journals Neutrality of Village Heads and Village Officials in Pemilukada in Luwu Regency

2020 ◽  
Vol 5 (1) ◽  
pp. 81-87
Author(s):  
Asbudi Dwi Saputra
Keyword(s):  
Research Method ◽  
Role Model ◽  
Prevention Strategies ◽  
Legal Research ◽  
Political Interests ◽  
Practical Politics ◽  
And Function ◽  
The Village ◽  
Role And Function

The leadership of a Village Head in each village must be able to be a good example and role model for the community. The involvement of the Tirowali village head in Luwu Regency in practical politics in the last 2018 regional head elections is of course contrary to the provisions stipulated in the Law, this is very contrary to his position as a government official who is expected to be neutral in politics. The strategic and significant role of the Election Supervisory Agency, namely how to avoid potential election violations arises by implementing optimal prevention strategies. This study aims to determine the role and function of Bawaslu in carrying out prevention and prosecution of violations of the neutrality of village heads and to determine the factors that affect the credibility of village heads in regional head elections. This study uses a normative legal research method with a case approach which is carried out by examining cases related to the issue of the neutrality of the village head in Luwu Regency, and has become a decision that has permanent legal force. The results of this study indicate that the need to strengthen regulations to give authority to election supervisory agencies to impose sanctions on violations of neutrality in regional head elections, the involvement of village heads in practical politics indicates that government bureaucrats can still be covered by political interests.

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