Komang Giri Arta (2022) Desa Pakraman Sebagai Subyek Hak Milik Bersama (Komunal) Atas Tanah. Thesis thesis, UNIVERSITAS AIRLANGGA,.
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Abstract
Pakraman village as a customary law community’s unit has its own asset, inhabits an area and has a right to take care of its own community by making their own regulations called Awig awig. After the Ministerial decision of ATR/BPN No. 276/2017 appeared, Pakraman village appointed as the subject of communal rights on land. The appointment of Pakraman village has an law consequences, specifically related to wealth about land or druwe/paddruwen desa. The problems of the study are ratio legis of appoint Pakraman village as a holder of communal rights on land and the authority of Pakraman village as a holder of communal rights on land. This study use law research method with approach such statute approach, conceptual approach, case study approach. The law material sourcesare primary and secondary law material source. The result of this study are, firstly, Ratio Legis of the appointment of Pakraman village as a subject of communal rights because the conversion of Article II paragraph 1 UUPA, Pakraman village fulfill the requirement communal unity of customary law on ATR/BPN No.10/2016 to be a subject of communal rights on land also give a protection to law certainties on land of druwe existence. Secondly, an authority of Pakraman village as a holder of communal rights on land is closely the authority of usufructuary rights without time period as long is used. The right of Pakraman village is unlike the common right in Article 20 UUPA. The land of Pakraman village communal right cannot diverted or made as an object of Mortage rights, only cooperated.
| Item Type: | Thesis (Thesis) | |||||||||
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| Additional Information: | KKB KK-2 T.FH.K.13/22 Kom d | |||||||||
| Uncontrolled Keywords: | Pakraman village, Customary law community, Communal rights on land | |||||||||
| Subjects: | H Social Sciences > HT Communities. Classes. Races > HT51-1595 Communities. Classes. Races K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K623-968 Civil law > K720-792 Property |
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| Divisions: | 03. Fakultas Hukum > Magister Kenotariatan | |||||||||
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| Depositing User: | mat sjafi'i | |||||||||
| Date Deposited: | 24 Sep 2026 03:27 | |||||||||
| Last Modified: | 24 Sep 2026 03:27 | |||||||||
| URI: | http://repository.unair.ac.id/id/eprint/147789 | |||||||||
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