LEGAL PROTECTION OF RIGHT UPON CUSTOMARY LAND OF DESA PAKRAMAN AT BALI BASED ON THE NATIONAL AGRARIA LAW

Abstract

Customary land in Bali which is called as tanah druwe desa is land the owned by custom communal and desa pakraman as a unity of Balinese customary law society that have been firmed based on Regional Regulation No.03 Year 2001 juncto Regional Regulation No.03 Year 2003, but the Stipulation of the conversion in UUPA gives opportunity especially to tanah druwe desa (conversion stipulation: the right upon druwe, the right upon druwe desa) is converted to be (individual) property right. Tanah druwe desa is customary communal land belongs to desa pakraman.  Conversion stipulatio cause impact to the loss of tanah druwe desa as customary communal land.  This cause conflict between customary law and national agraria law that cause tanah druwe desa in Bali is not protected.

Key words, desa pakraman and tanah druwe desa.