PENULISAN HUKUMTINJAUAN YURIDIS SOSIOLOGIS TENTANG TANAH AYAHAN DESA DI DESA PAKRAMAN (Studi Kasus di Desa Adat Penglipuran)

The dimensions of adat in the life of the state cannot be separated, and are separated from the constellation of national law. The existence of customary law communities and their devices is always tested in the face of the times, including in the indigenous region of Panglipuran Village. Villages with high customary existence make the village have customary rights in the form of land, called Tanah Ayahan Desa. A variety of problems occur in the village, one of which is the intersection between the dimensions of customary law and national law. On this background, the formulation of the problem in this study are: First, why should the land of the village in Penglipuran Customary Village be not certified? Second, what is the shape and intensity of the conflict in the village land in the Penglipuran Customary Village? Third, what rights do the Penglipuran Traditional Village manners have in the management and control of the village land in the Penglipuran Customary Village according to Indonesian positive law? to answer this question, this research uses Socio-Legal research, and uses legal material obtained through interviews, literature, and legislation. The conclusions of this study are, First, that Tanah Ayahan Desa in the Penglipuran Traditional Village may be certified, but the proof of ownership rights to Tanah Ayahan Desa has been recognized in existing regulations. Second, the form of conflict that occurs is in the form of internal conflicts, with vertical and horizontal patterns among fellow communities. Third, there are rights owned by indigenous peoples, which are guaranteed rights in legislation from the constitution level to implementing regulations