PERTIMBANGAN PUTUSAN HAKIM DALAM SENGKETA SENTANA NYEBURIN SEBAGAI SENTANAMENURUT HUKUM ADAT BALI (Studi Kasus di Pengadilan Negeri Gianyar)

WISTARA, GEDE ADI (2010) PERTIMBANGAN PUTUSAN HAKIM DALAM SENGKETA SENTANA NYEBURIN SEBAGAI SENTANAMENURUT HUKUM ADAT BALI (Studi Kasus di Pengadilan Negeri Gianyar). S1 thesis, UAJY.

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Abstract

This legal writing entitled “The consideration of judge’s verdict in the dispute of Sentana Nyeburin as a Sentana according to Balinese Customary Law, a Case Study in Gianyar State Court”. The problem were how are the considerations of judge’s verdict in the dispute of Sentana Nyeburin as a Sentana according to Balinese Customary Law; and what are the barriers that are faced by judge in handing down a verdict of the dispute of Sentana Nyeburin as a Sentana according to Balinese Customary Law. The purposes of this legal writing were to know the consideration of judge’s verdict in the dispute of Sentana Nyeburin as a Sentana according to Balinese Customary Law; and to know the barriers that are faced by judge in handing down a verdict of the dispute of Sentana Nyeburin as a Sentana according to Balinese Customary Law. This legal research used the empirical legal research. The results of this research were the considerations of judge’s verdict in the dispute of Sentana Nyeburin as a Sentana consist of consideration according to South Balinese Customary Law, consideration according to information and explanation of witness, consideration according to existence of evidence in the court, and consideration according to inner voice; and the barriers that are faced by judge in handing down a verdict of the dispute of Sentana Nyeburin as a Sentana is there are no comprehensive written documentation about Customary Law that are used by judge as some considerations. The recommendation submitted from this research is need to make some written Customary Law in Bali, especially about the dispute of Sentana Nyeburin as a Sentana. So that, all of considerations in the court can get their basing on written gorunds.

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