Involvement of Traditional Villages in Bali as Legal Subjects of Druwe Village Land Registration: An Effort to Prevent Conflict

10.2478/bjlp-2022-007021

Abstract

This study is aimed at anaylizing the existence of padruwen village land as customary land in Balinese society investigated from the perspective of Indonesian land law. At this time, its position is getting challenges and pressures due to the strengthening of individual land rights. The phenomenon of converting these lands into individual property rights is one of the triggers for customary land conflicts. The problem becomes even more complicated when the customary village as the owner is not aware of the conversion, and is not even involved in the process. As an effort to prevent conflict, it is very important to involve traditional villages in the registration process. Important to discuss First, the position of traditional villages in Bali as legal subjects; Second, ideally the involvement of traditional villages in Bali in the process of registering the village druwe land. De facto, traditional villages in Bali can be qualified as customary law communities domiciled as legal subjects. Legal subjects in this context are legal subjects that are equivalent to other legal subjects or are equally original, where one is not derived from the other, for the benefit of the nation and the State as a whole. The ideal of the involvement of the traditional village is carried out in terms of determining who is written as the right holder or on behalf of the village Druwe land, especially that which is controlled by the villagers. First of all, this must be conveyed and decided in a paruman (traditional meeting). The results of the decision became the basis for implementing the village Druwe land registration. After the decision was made, then formal procedures based on state law were applied until the issuance of a certificate of land rights. This compromising condition between the State and the customary law community is able to position the traditional village in Bali as one of the natural social entities, having co-existence with the State and other social entities.