Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

Sacred Justice: The Autonomy of Traditional Villages in Resolving Customary Disputes in Bali

View through CrossRef
The aim of this study is a fundamental part of Indonesia's state structure, as it has existed since Indonesia's independence and has been recognized within the legal framework. This recognition is enshrined in Article 18B of the 1945 Constitution and reinforced by Law No. 6 of 2014 on Villages. In Bali, customary law communities, known as krama desa, have special rights, including autonomous governance over local affairs. This study focuses on the autonomy of customary villages in Bali, particularly in resolving customary disputes. The study method used is normative legal research with a legislative approach, analyzing the legal provisions governing customary villages and their dispute resolution mechanisms. The novelty of this research contributes to the discourse on legal certainty and justice for customary law communities by clarifying the extent of the authority of customary villages in resolving customary law violations. The results of the study indicate that customary villages in Bali have legal authority to resolve customary law violations, as stipulated in Article 104(d) of the Village Law and Article 24(l) of the Bali Customary Village Regulation. This affirms their role in maintaining order through customary law traditions. In conclusion traditional villages in Indonesia, including in Bali, are constitutionally recognized and granted autonomy in governance and dispute resolution. To enhance legal certainty, traditional villages should establish clear procedural guidelines (awig-awig) for resolving disputes through traditional deliberative assemblies (paruman adat). This approach can ensure justice while maintaining environmental and social harmony within the customary legal system.
Title: Sacred Justice: The Autonomy of Traditional Villages in Resolving Customary Disputes in Bali
Description:
The aim of this study is a fundamental part of Indonesia's state structure, as it has existed since Indonesia's independence and has been recognized within the legal framework.
This recognition is enshrined in Article 18B of the 1945 Constitution and reinforced by Law No.
6 of 2014 on Villages.
In Bali, customary law communities, known as krama desa, have special rights, including autonomous governance over local affairs.
This study focuses on the autonomy of customary villages in Bali, particularly in resolving customary disputes.
The study method used is normative legal research with a legislative approach, analyzing the legal provisions governing customary villages and their dispute resolution mechanisms.
The novelty of this research contributes to the discourse on legal certainty and justice for customary law communities by clarifying the extent of the authority of customary villages in resolving customary law violations.
The results of the study indicate that customary villages in Bali have legal authority to resolve customary law violations, as stipulated in Article 104(d) of the Village Law and Article 24(l) of the Bali Customary Village Regulation.
This affirms their role in maintaining order through customary law traditions.
In conclusion traditional villages in Indonesia, including in Bali, are constitutionally recognized and granted autonomy in governance and dispute resolution.
To enhance legal certainty, traditional villages should establish clear procedural guidelines (awig-awig) for resolving disputes through traditional deliberative assemblies (paruman adat).
This approach can ensure justice while maintaining environmental and social harmony within the customary legal system.

Related Results

Autonomy on Trial
Autonomy on Trial
Photo by CHUTTERSNAP on Unsplash Abstract This paper critically examines how US bioethics and health law conceptualize patient autonomy, contrasting the rights-based, individualist...
STRENGTHENING THE ROLE OF CUSTOMARY VILLAGES IN SPIRITUAL TOURISM MANAGEMENT IN BALI
STRENGTHENING THE ROLE OF CUSTOMARY VILLAGES IN SPIRITUAL TOURISM MANAGEMENT IN BALI
Abstract   Spiritual tourism is becoming one of the trends in Bali. Many people are currently promoting spiritual tourism. Starting from the private sector as well as under the m...
Regulation of Customary and Official Village Authority in Managing Village Assets in Bali
Regulation of Customary and Official Village Authority in Managing Village Assets in Bali
The dualism of the village government system in Bali, consisting of Customary Villages and Service Villages, creates its own legal dynamics in the management of village assets. The...
PROGRAM ACARA GEGIRANG SEBAGAI MEDIA KOMUNIKASI BERLANDASKAN AGAMA HINDU DI LEMBAGA PENYIARAN PUBLIK (LPP) TVRI STASIUN BALI
PROGRAM ACARA GEGIRANG SEBAGAI MEDIA KOMUNIKASI BERLANDASKAN AGAMA HINDU DI LEMBAGA PENYIARAN PUBLIK (LPP) TVRI STASIUN BALI
Lembaga Penyiaran Publik (LPP) TVRI Stasiun Bali merupakan salah stasiun televisi lokal milik pemerintah Republik Indonesia yang dekat dengan budaya masyarakat setempat. Selain pen...
An Assessment of ESL Learners’ Autonomy in Online Classes during Covid-19 at Postgraduate Level
An Assessment of ESL Learners’ Autonomy in Online Classes during Covid-19 at Postgraduate Level
This study examined the multifactorial system of the autonomy of ESL learners in online classes during the COVID-19 period. The results showed that autonomous learning behaviors we...
FILOSOFI DAN PENERAPAN KONSEPSI BUNGA PADMA DALAM PERWUJUDAN ARSITEKTUR TRADISIONAL BALI
FILOSOFI DAN PENERAPAN KONSEPSI BUNGA PADMA DALAM PERWUJUDAN ARSITEKTUR TRADISIONAL BALI
Padma adalah sebutan bunga teratai merah dalam bahasa Sanskerta. Padma tumbuh secara alami di media lumpur dengan kandungan air yang cukup. Akarnya tumbuh menjalar di media tanah, ...
Analisis Penyelesaian Sengketa terhadap Upaya Pengambilalihan Hak atas Tanah Adat di Wilayah Kampar, Provinsi Riau
Analisis Penyelesaian Sengketa terhadap Upaya Pengambilalihan Hak atas Tanah Adat di Wilayah Kampar, Provinsi Riau
Customary land is an integral part of the identity and survival of customary law communities, including in the Kampar region, Riau Province. However, along with increasing investme...
LEGAL STANDING OF ADAT INSTITUTIONS IN DISPUTE RESOLUTION IN ACEH COMMUNITY, INDONESIA
LEGAL STANDING OF ADAT INSTITUTIONS IN DISPUTE RESOLUTION IN ACEH COMMUNITY, INDONESIA
The implementation of regional autonomy is carried out through regional regulations. Perda is the most important element for local government in order to fulfill the needs of the r...

Back to Top