THE JURIDICAL IMPLICATIONS OF VILLAGE MEMBERS CHANGING RELIGION FOR OCCUPANCY OF VILLAGE RESIDENTIAL LAND IN THE CUSTOMAY VILLAGE OF KETEWEL, SUKAWATI SUB-DISTRICT, GIANYAR REGENCY Wayan Harry Wijaya, I Nyoman Sujana, Anak Agung Istri Agung
Master of Notarial Law, Postgraduate Program of Warmadewa University Denpasar
Abstract
This thesis research analyzes the Juridical Implication of Village Members Changing Religion for Occupancy of Village Residential Land in the Customary Village of Ketewel, Sukawati Sub-District, Gianyar Regency. The study focuses on the position of customary village members changing their religion to the occupancy of village residential land in the Customary Village of Ketewel, Sukawati Sub-District, Gianyar Regency and the juridical implications for the occupancy of village residential land for the village members changing their religion in Ketewel Customary Village, Sukawati Sub-District, Gianyar Regency. The type of research applied is empirical legal research. As an analytical tool, the theory of justice, the theory of legal certainty and the theory of law enforcement are applied. From the results of the analysis, it was found that the position of the customary village members changing their religion to the occupancy of village residential land in Ketewel Customary Village, Sukawati Sub-District, Gianyar Regency is that every member of customary village changing his religion or the like is called a tamiu (guest). The juridical implications of occupancy on the village residential land for members changing their religion in the Ketewel Customary Village, Sukawati Sub District, Gianyar Regency, include: these members reserve no right to live or occupy the village residential land, can no longer use the customary village facilities such as graves, banjar halls and others. Reserve no right to occupy village residential land, in accordance with awig-awig of Ketewel Customary Village Article 4 Paragraph (1) which reads that: It is meant by krama desa (Village Members) is a family who is adhering Hindu Religion and lives in a village residential land house or rice field and dried land area in Ketewel Customary Village. Thus, indigenous people who are not Hindus have no right to live or occupy the village residential land.
Keywords: Juridical Implications, Changing Religion and Village Residential Land.
