Source: Untar Public Relations – LA
I Wayan Eka Artajaya successfully defended his dissertation entitled “The Legal Validity and Binding Force of Customary Court Decisions in the Resolution of Pelaba Pura Customary Land Disputes in Balinese Indigenous Communities” during the Open Dissertation Defense of the Doctor of Law Program (Prodi DIH), Faculty of Law (FH) Untar, on Wednesday (26/6) at Campus I Untar.
His research was initiated by the increasing number of customary land disputes (land owned by indigenous communities) being resolved through litigation, despite the existence of customary judicial institutions in Bali that handle disputes concerning customary land. This situation has created legal uncertainty for indigenous communities, particularly because the Judicial Power Law stipulates that judges may not refuse cases submitted before the courts.
The open defense session was chaired by Dean of FH Untar Prof. Dr. Amad Sudiro, S.H., M.H., M.M., M.Kn., and was attended by Rector Prof. Dr. Ir. Agustinus Purna Irawan, M.T., M.M., I.P.U., ASEAN Eng., who served as a member of the examining committee. Other examiners included principal promoter Prof. Dr. Mella Ismelina F.R., S.H., M.Hum., co-promoter Prof. Dr. I Wayan Gde Wiryawan, S.H., M.H., Prof. Dr. Ariawan Gunadi, S.H., M.H., Dr. Hery Firmansyah, S.H., M.Hum., MPA., Dr. Gunawan Djajaputra, S.H., S.S., M.H., and Dr. AAA. Ngurah Tini Rusmini Gorda, S.H., M.M., M.H., CCD.
The dissertation introduced a novel legal proposal in the form of an additional norm stating that “Judges have the authority to reject customary land disputes that have already been resolved through the customary judicial system from being re-litigated through the formal court system” to be incorporated into Law Number 48 of 2009 concerning Judicial Power and proposed an amendment to Bali Provincial Regulation Number 4 of 2019 concerning Traditional Villages, namely that “Decisions of the Provincial Traditional Village Council regarding pelaba pura land disputes must be registered within the litigation system.”
I Wayan Eka Artajaya graduated with a perfect GPA of 4.00 and was awarded the distinction of cum laude, becoming the 34th graduate of the Doctor of Law Program (Prodi DIH), Faculty of Law (FH) Untar. (LA/YS/KJ)