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Original Research

THE CONCEPT OF RESOLUTION OF PELABA PURA ULAYAT LAND THROUGH THE BALI TRADITIONAL JUSTICE SYSTEM

I WAYAN EKA ARTAJAYA 1, MELLAISMELINAFARMARAHAYU 2, and I WAYAN GDEWIRYAWAN 3.

Vol 18, No 03 ( 2023 )   |  DOI: 10.17605/OSF.IO/XH9QM   |   Author Affiliation: Faculty of Law, Tarumanagara University, Jakarta 1,2; Faculty of Law, Mahasaraswati University Denpasar 3.   |   Licensing: CC 4.0   |   Pg no: 1809-1817   |   Published on: 30-03-2023

Abstract

The concept of settlement of customary land disputes in pelaba pura through the Balinese customary justice system, Land has a very important value in people's lives or in the lives of indigenous and tribal peoples because land has economic value, as well as a cosmic magical-relegio. The existence of customary law communities is inseparable from the ownership of customary rights of each indigenous community. Land is one of the main elements in the occurrence of a conflict in society, this can be seen from the increasing human development, while land cannot be developed or reproduced. This research is to analyze the concept of settlement of customary land disputes in pelaba pura through the Balinese customary justice system. This research uses the method Empirical legal research using a sociological juridical approach, the data collected in this study is primary data through interview data collection techniques. The results of this study are that the concept of dispute resolution carried out by the kerta desa customary justice system in resolving pelaba pura land disputes refers to the philosophy of the Balinese indigenous people, namely tri hita karana. In the decision to resolve customary disputes, it must refer to three elements, namely prahyangan, pawongan, and pekahan.


Keywords

Dispute Resolution, Pelaba Pura, Indigenous Courts