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All Journal Protection: Journal Of Land And Environmental Law
I Made SUWITRA
University of Warmadewa , Indonesia
Environmental Science Law, Crime, Criminology & Criminal Justice

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Legal Protection of Pauman Land in Karangasem District I Gusti Putu BUDIADNYANA; I Made SUWITRA; I Nyoman SUKANDIA
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.v1i2.596

Abstract

Disputes over the registration of pauman land as individual plots through PTSL have been frequent. The author sees a gap between the predetermined norm and the implementationof the practice that exists in the awig-awig of Pura Pauman. The issues studied are related to pauman's legal status as a legal subject who can have land rights, and the model of registering Pauman's land rights. It is an empirical legal study with a statute, historical, case, an analysis of legal concepts, and legal sosiology approach. There are steps that can be taken to ensure that pauman has a strong position of ownership over the land, that is including using the subject of the temple, which is recognized by Decree of the Minister of Home Affairs Number SK.556/DJA/1986, so that a Certificate of Property Rights (SHM) can be issued on behalf of the Temple. Pauman cannot be referred to as a legal law that can disenfranchise title to land under state law. For pauman who wish to register pauman land remains a communal property right then it would be better to use the subject name of the Temple as opposed to borrowing the name klian. In addition, the Prediction of dispute will exist because there are indications of re-recognition by the puri family so this needs to be anticipated by pauman.
Co-Authors I Gusti Putu BUDIADNYANA I Nyoman Sukandia