IMPLEMENTASI PERDA NO 4 TAHUN 2019 TENTANG DESA ADAT BALI TERHADAP SENGKETA KEPEMILIKAN TANAH DI BR. JASAN, DESA SEBATU, KECAMATAN TEGALLALANG

Land disputes constitute one of the primary legal issues in Indonesia, frequently arising from weaknesses in the land administration system and a lack of public awareness regarding land rights. This research aims to examine the implementation of Regional Regulation (Perda) No. 4 of 2019 concerning Bali Traditional Villages (Desa Adat Bali) in resolving land ownership disputes in Br. Jasan, Sebatu Village, Tegallalang Sub-District, as well as to assess the legal certainty provided by the regulation. The research employs an empirical legal research method with a descriptive approach. The findings indicate that, based on Court Decision No. 89/Pdt.G/2023/PN Gin, the plaintiff's claim was declared inadmissible on the grounds that the proper legal subject in the dispute was the Traditional Village (Desa Adat) of Br. Jasan, which exercises actual control and utilization of the disputed land. This is in accordance with Article 5 of Perda No. 4 of 2019, which affirms that "Traditional Villages are recognized as legal subjects within the governance system of the Province of Bali." It is concluded that the implementation of Perda No. 4 of 2019 has been in accordance with applicable legal provisions and provides legal certainty for traditional villages. The underlying causes of the land dispute include lack of transparency and validity in land administration data, intra-family disagreements regarding inheritance, and socio-cultural factors. Strengthening the authority of traditional villages in land dispute resolution, in accordance with customary law (awig-awig), is therefore necessary going forward.

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Journal
Kerta Dyatmika
Published
2025-09-25
DOI
https://doi.org/10.46650/kd.v22i2.1733
Primary Topic
Coastal Management and Development
Type
article
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article

IMPLEMENTASI PERDA NO 4 TAHUN 2019 TENTANG DESA ADAT BALI TERHADAP SENGKETA KEPEMILIKAN TANAH DI BR. JASAN, DESA SEBATU, KECAMATAN TEGALLALANG

I Gst. Agung Rio Diputra, I Komang Agung Sri Brahmanda, A.A Sagung Laksmi Dewi
Kerta Dyatmika
Coastal Management and Development
article

IMPLEMENTASI PERDA NO 4 TAHUN 2019 TENTANG DESA ADAT BALI TERHADAP SENGKETA KEPEMILIKAN TANAH DI BR. JASAN, DESA SEBATU, KECAMATAN TEGALLALANG

I Gst. Agung Rio Diputra, I Komang Agung Sri Brahmanda, A.A Sagung Laksmi Dewi
article en

Abstract

Land disputes constitute one of the primary legal issues in Indonesia, frequently arising from weaknesses in the land administration system and a lack of public awareness regarding land rights. This research aims to examine the implementation of Regional Regulation (Perda) No. 4 of 2019 concerning Bali Traditional Villages (Desa Adat Bali) in resolving land ownership disputes in Br. Jasan, Sebatu Village, Tegallalang Sub-District, as well as to assess the legal certainty provided by the regulation. The research employs an empirical legal research method with a descriptive approach. The findings indicate that, based on Court Decision No. 89/Pdt.G/2023/PN Gin, the plaintiff's claim was declared inadmissible on the grounds that the proper legal subject in the dispute was the Traditional Village (Desa Adat) of Br. Jasan, which exercises actual control and utilization of the disputed land. This is in accordance with Article 5 of Perda No. 4 of 2019, which affirms that "Traditional Villages are recognized as legal subjects within the governance system of the Province of Bali." It is concluded that the implementation of Perda No. 4 of 2019 has been in accordance with applicable legal provisions and provides legal certainty for traditional villages. The underlying causes of the land dispute include lack of transparency and validity in land administration data, intra-family disagreements regarding inheritance, and socio-cultural factors. Strengthening the authority of traditional villages in land dispute resolution, in accordance with customary law (awig-awig), is therefore necessary going forward.

Kerta DyatmikaVol. 22(2)
Universitas Dwijendra (ID)
Openalex Percentile: Top 61%
Coastal Management and Development
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