SURAT REKOMENDASI PARISADHA HINDU DHARMA INDONESIA SEBAGAI DASAR KANTOR PERTANAHAN DALAM BALIK NAMA SERTIFIKAT TANAH (Studi Kasus Tukar Menukar Tanah Pelaba Pura di Desa Adat Blangsinga Kecamatan Blahbatuh, Kabupaten Gianyar)
I Gede Made Fajar Marhaendra Putra, Dr. Agus Sudaryanto, S.H., M.Si.
2025 | Tesis | S2 Magister Kenotariatan
This study aims to determine and analyze the urgency of attaching a letter of recommendation from the Parisadha Hindu Dharma Indonesia of Gianyar Regency as a basis for consideration used by the Land Management Office of Gianyar Regency to process the exchange of temple’s land in Blangsinga Village, Blahbatuh District, Gianyar Regency, and to determine the implications of the absence of a letter of recommendation from Parisadha Hindu Dharma Indonesia (PHDI) Gianyar in exchanging temple land.
The type of research used was empirical juridical research. Empirical juridical research was conducted by interviewing several sources, namely the parties involved in the transfer of temple land rights: the Land Management Office of Gianyar and PHDI Gianyar, and from academics: Professor of Customary Law at Udayana University and Professor of Agrarian Law at Warmadewa University. Secondary data were obtained through an examination of laws and regulations . The reaserch data were analyzed qualitatively and concluded using a deductive method.
The results of the study show that the PHDI Gianyar Recommendation Letter serves as a means of legitimizing the transfer of land rights. Its main purpose is to ensure that the sacred land is eligible for transfer, prevent social conflicts in the village, and protect temple assets from misuse by interested parties. Thus, this recommendation letter is not a bureaucratic obstacle, but rather a preventive mechanism to ensure transparency, harmonize laws, and ensure that the use of the land is ultimately for the benefit of the indigenous community. Failure to attach a recommendation letter from the PHDI can lead to horizontal conflicts with the indigenous community, such as protests from the indigenous community, social exclusion, access disputes, and so on. Without the recommendation from the PHDI Gianyar, the Land Management Office of Gianyar will not register the land.
Kata Kunci : Balik Nama, Tanah Pelaba Pura, Desa Adat, Kantor Pertanahan, Parisadha Hindu Dharma Indonesia