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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Akta Jurnal Notariil KERTHA WICAKSANA Jurnal Konstruksi Hukum Jurnal Preferensi Hukum (JPH) Postgraduated Community Service Journal Law Doctoral Community Service Journal Protection: Journal Of Land And Environmental Law Journal of Political And Legal Sovereignty
I Nyoman Sujana
Program Studi Magister Kenotariatan, Program Pascasarjana Universitas Warmadewa
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Protection: Journal Of Land And Environmental Law

 1 
Implications Of Control Of Coastal Lands By Foreigners In The Tourism Business I Wayan Kartika Jaya UTAMA; I Nyoman SUJANA; Putu Ayu Sriasih WESNA; Leonito RIBEIRO
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (204.077 KB) | DOI: 10.38142/pjlel.v1i2.472

Abstract

The focus of the study in this paper is the legal aspects of coastal land control by foreigners in Bali to benefit the tourism business. In analyzing these legal issues, the author uses empirical legal research methods with a statutory approach, a conceptual approach, a sociological approach, and a case approach. Based on the theory of authority, the theory of expediency, and the theory of legal protection as an analytical knife, the tourism business in Bali cannot be separated from the existence of foreigners. Similarly, the control of coastal land in Bali-pun does not escape the control of foreigners, both through legal investment and some illegal, by utilizing mutually beneficial cooperation between residents and with prajuru Indigenous Villages on the basis of sharing profits.It is in this philosophy that the principle of good faith in investing is reflected so that the possession of coastal lands by foreigners for the benefit of the tourism business is obliged to respect this very noble principle; however, in empirical facts, it turns out that the control of coastal lands in Bali by foreigners under the guise of mutually beneficial cooperation is likely to harm the use of indigenous villages in carrying out the religious values attached to these coastal lands. So that in this case, the concept of mutually beneficial cooperation is contained in the lousy faith of foreigners to control the land of Bali to get personal benefits at the expense of Balinese nature wrapped in mutually beneficial Works.
The Implementation Of Grant Of Marriage Properties Distribution Through Conciliation Agreement Yussie Masyuni DANIYANTHI; I Nyoman SUJANA; Anak Agung Istri AGUNG
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i2.646

Abstract

This paper is the result of empirical legal research aiming at identifying legal issues regarding the discrepancy in the implementation of joint properties distribution in marriage pursuant to Balinese customary law and the practices occurring in society. And in addition, a legal breakthrough exists to set aside court order regarding the distribution of joint assets through legal actions based on a conciliation agreement. It can be understood that this study aims at contributing ideas to the implementation of the distribution of marital joint properties through a conciliation agreement. By applying the statutory approach, case approach and sociological approach, it can be understood that parties whose marriages have been broken up due to divorce can waive court order through a conciliation agreement in marital joint properties in marital joint properties. In the event that there is a struggle over the division of joint properties as a result of the breakup in a marriage due to divorce, based on the results of study and analysis of legal materials it can be understood that the distribution of marital joint properties granted through a conciliation agreement does not necessarily or automatically transfer the object of the grant. However, if what is distributed in the joint property is in the form of land rights, then in order to be able to transfer into being on behalf of each party and moreover to children who are still minor, a deed of grant shall be firstly drawn up by a Land Deed Conveyancer (PPAT).
Co-Authors Anak Agung Gede Krisna PRABHAWISNU Anak Agung Istri Agung I Kadek Yukik Okta Dwipayana I Made Pria DHARSANA I Made Pria Dharsana, I Made Pria I Nyoman Alit PUSPADMA I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Wayan Kartika Jaya Utama I Wayan Kartika Jaya Utama John MADE FERRARI Leonito Ribeiro Leonito RIBEIRO Ni Komang Arini Styawati Ni Nyoman Santi Wulandari Ni Putu Indianita Cahyanti Nyoman Chrisna Dewi Asmarani Putu Ayu Sriasih Wesna Putu Ayu Sriasih Wesna Ryan Permana Wijaya Trisna Sandya MAHARANI Yussie Masyuni DANIYANTHI