Ni Putu Sawitri Nandari’s scientific contributions

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Publications (5)


Good Faith as a Basis For Claims of Control in the Settlement of Disputes Over Traditional Land Rights in Bali
  • Article
  • Full-text available

March 2025

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6 Reads

Journal of Lifestyle and SDGs Review

I Made Suwitra

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Ni Made Jaya Senastri

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Ni Putu Sawitri Nandari

Introduction: This writing aims to negate the main function of good faith in land registration through sporadic or systematic conversion so that it is useful in ensuring justice and certainty regarding control and/or ownership of land rights after the certificate is issued. Objective: The primary objective of this research is to investigate how the principle of good faith functions in land registration, particularly in the context of sporadic and systematic conversion. The study seeks to understand how good faith influences justice and certainty in land control and ownership after the issuance of certificates. It also aims to evaluate the different perspectives from judges and the local customary culture in resolving land disputes in Bali. Theoretical Framework: This research is grounded in the theories of coherence and correspondence, which offer valuable frameworks for understanding the alignment of legal principles with real-world land ownership disputes. The theory of coherence examines the logical consistency and interrelations within legal arguments, while the theory of correspondence addresses the alignment between legal rules and the actual physical control of land. These theories are applied to evaluate the role of good faith in validating land ownership claims during the conversion process. Method: The research employs a combination of normative and empirical legal research methods. Normative research is utilized to analyze existing legal frameworks and regulations related to land registration and ownership, while empirical research involves purposive sampling of land disputes resolved in District Courts and traditional village settings. The study includes analysis of court judgments and local customary practices to examine how good faith is interpreted and applied in the conversion of land certificates. Results and Discussion: The findings reveal a significant divide in judicial perspectives concerning land ownership claims through the PTSL conversion process. Some judges prioritize the issuance of a certificate as the final indicator of ownership, while others give greater weight to the principle of good faith, evaluating claims based on the intent and behavior of parties involved in the land conversion. The research also highlights the role of the village community (krama desa) and their reliance on physical control of land, contrasting with the legal validation of ownership based on certificates. The discussion emphasizes the need for a balanced approach that incorporates both legal formalities and the cultural practices of land control. Research Implications: This study provides important implications for legal practitioners, policymakers, and scholars in the field of land law. The findings suggest that there needs to be greater clarity in the application of good faith within the land registration process to ensure equitable outcomes for all parties. Furthermore, the research advocates for the integration of customary practices in the legal framework to enhance the consistency and fairness of land ownership claims. The study also contributes to the ongoing discourse on land disputes and the challenges in balancing legal rights with community traditions. Originality/Value: This research is valuable in its exploration of the interaction between legal principles and cultural practices in the context of land registration. It provides original insights into how the principle of good faith can be applied in land conversion processes, contributing to a more comprehensive understanding of land rights and ownership in Bali. The study's use of both legal theory and empirical data makes it a unique contribution to the field of land law.

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Management model Management Model of Unda River in the Development of Traditional Village Based on Custom Village in Paksebali Village Klungkung Bali

October 2021

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7 Reads

Randwick International of Social Science Journal

This research is intended to identify the water resources management model carried out by Paksebali Village in the development of Tourism Villages in Klungkung Regency. Water resources (SDA) managemet in the development of tourism villages through coexistence between the Customary Villages and the Dinas (state) Villages which are oriented towards empowering rural communities for community welfare. So the Paksebali Village can coexit both the legal structure and the legal substance of the use of Unda River's surface water as a water attraction, restaurant, prewed in the development of new tourist destinations in Klungkung Regency through the development of a tourism village.


STRENGTHENING BALI TRADITIONAL LAW THROUGH WRITTING CUSTOMARY LAW OF TRADITIONAL VILLAGE

October 2021

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6 Reads

Journal Equity of Law and Governance

The formulation of customary law norms for marriage and inheritance needs to be constructed through Awig-Awig (customary law) formulation to ensure legal certainty in strengthening Balinese customary law. The Awig-Awig formulation is a form of codification of Balinese customary law, which regulates traditional village members and their various activities, Parhyangan (temple) as a forum for village members to connect with Ida Sang Hyang Widi Wasa (God Almighty) and at the same time as a means of preserving Balinese culture, Palemahan (land) as a manifestation of the territory and at the same time as an area that becomes the foundation of the source of life and a foothold in living life until death in a harmonious relationship. In the development of the life of village members, which are always in process, it is necessary to confirm the arrangement through Awig-Awig formulation, such as in the field of membership of village members with their rights and obligations, marriage, inheritance with the intention of being enforced consistently and dynamically according to appropriate values in a society that is always developing.


Figure 1. Problem of Waste.
Waste Management Based on Banjar and Customary Village in Denpasar City-Bali

April 2020

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46 Reads

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1 Citation

International Journal of Law and Society


Citations (1)


... Reviewed articles show that Balinese people have strong cultural values called Tri Hita Karana, which means the three causes of happiness, in which the relation between human and god (parahyangan), human and another human being (pawongan) and human with environment (palemahan) is regulated (Agnes et al., 2020). This value is reflected in Balinese daily life, regulated through customary law, and implemented by the customary village, or desa adat (Made Suwitra et al., 2020). The concept of palemahan for Balinese in regards to solid waste management was implemented through the existence and utilisation of teba, or backyard (Waridin and Astawa, 2021). ...

Reference:

Applying cultural perspective in Indonesia municipal solid waste management process towards a grounded climate concept and action: A mini-review of opportunities and challenges
Waste Management Based on Banjar and Customary Village in Denpasar City-Bali

International Journal of Law and Society