KEPASTIAN HUKUM ATAS PENUNJUKAN DESA PAKRAMAN DI PROVINSI BALI SEBAGAI SUBJEK HAK PEMILIKAN BERSAMA (KOMUNAL) ATAS TANAH SESUAI DENGAN PASAL II AYAT 1 KONVERSI UUPA

The issuance of the Decree of Minister of Agrarian Affairs/Head of the National Land Agency Number 276/KEP-19.2/X/2017 concerning the appointment of indigenous village in Bali as the subject of communal ownership rights over land does not align with the provision of Article II Paragraph 1 Conversion of Regulation Number 5 Year 1960 concerning Basic Agrarian Law (BAL) that one of which clearly confirms about druwe land of the indigenous village. So, it causes multiple interpretations. Therefore, it is interesting to research the basics of the issuance of the Decree of Minister of Agrarian Affairs/Head of the National Land Agency Number 276/KEP-19.2/X/2017 concerning the appointment of indigenous village in Bali as the subject of communal ownership rights over land and its binding strength. This study used normative law study as its method. The result shows that the appointment of indigenous village in Bali as the subject of communal ownership rights over land is inconsistent with its higher rules. Even from the legal uncertainty caused a legal vacuum to the status and position of rights overdruwe land of the indigenous village in Bali. The arrangements of indigenous land in Bali is ideally in accordance with Article II Paragraph 1 of Conversion of BAL, one of which confirms rights of village druwe. Subject of village druwerights is surely indigenous village and it has arranged rights over village druweland in Bali. Hence, it is expected that lawmakers will immediately issue laws that are synchronous, have legal certainty, as well as accommodate all kinds of druwe desa land exist in Bali.