I Dewa Ayu Dwi Mayasari, FH UNUD Lecturer Successfully Achieves Doctoral Degree in Doctor of Law Study Program

Author: UPIKS Team FH UNUD | Editor: Md Suksma PDS

Denpasar, FLUNUD.ac.id - I Dewa Ayu Dwi Mayasari, one of the lecturers of FH UNUD successfully earned her doctorate through a Doctoral Promotion held on Friday (07/21/2023) at the FH UNUD Hall, Denpasar Campus with the title Cumlaude. The Doctoral Promotion was chaired by Koprodi Doctoral (S3) Law Science FH UNUD (Prof. Dr. I Putu Sudarma Sumadi, S.H., S.U), attended by the Promoter Team: Prof. Dr. I Gede Yusa, S.H., M.H, Dr. I Ketut Sudantra, S.H., M.H. and Dr. I Ketut Westra, S.H., M.H along with 4 examiners.

Dr. I Dewa Ayu Dwi Mayasari, S.H., M.H. took her doctoral studies for 2 years and 11 months and raised the dissertation title: "Lease Agreement for Village Yard Land (PKS) as Customary Land from the Perspective of Covenant Law." The results of the research in his dissertation show that the nature of the lease agreement of the village yard land (PKD) in addition to having a juridical function, namely ensuring legal certainty, also has a philosophical function, namely realizing justice for the parties, both Krama Desa, tenants and the Customary Village. From the perspective of the law of agreements stipulated in the provisions of Article 1320 of the Civil Code, the lease agreement between Krama Desa and the tenant does not meet the subjective requirements (requirements of competence), where Krama Desa who makes and signs the agreement is not based on the permission / approval of the Customary Village, because the legal status of PKD land is customary land whose right holder is the Customary Village as a legal subject. 

The ideal format of the PKD land lease agreement in the future must reflect legal certainty and be able to realize justice for tenants, village krama, and indigenous villages. The lease agreement should be made in writing with an Authentic Deed (Notarial Deed) for legal certainty and evidentiary purposes, and fulfill the subjective and objective requirements, so as to guarantee its validity and binding force.