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

Authors

  • I Komang Agung Sri Brahmanda Universitas Dwijendra
  • Anak Agung Mas Adi Trinaya Dewi Universitas Dwijendra
  • I Kadek Yoga Artha Diputra Universitas Dwijendra

DOI:

https://doi.org/10.46650/kd.v22i2.1733

Keywords:

Sengketa, Kepemilikan Tanah, Perda No. 4 Tahun 2019, Dispute, Land Ownership, Local Regulation No. 4 of 2019

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.

References

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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Published

2025-09-25

How to Cite

I Komang Agung Sri Brahmanda, Trinaya Dewi, A. A. M. A., & Diputra, I. K. Y. A. (2025). IMPLEMENTASI PERDA NO 4 TAHUN 2019 TENTANG DESA ADAT BALI TERHADAP SENGKETA KEPEMILIKAN TANAH DI BR. JASAN, DESA SEBATU, KECAMATAN TEGALLALANG. Kerta Dyatmika, 22(2), 12–19. https://doi.org/10.46650/kd.v22i2.1733