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Penguatan Otonomi Desa Adat melalui Pendampingan Penyusunan Awig-awig Sekaa Teruna-Teruni di Banjar Luglug, Desa Adat Lembeng, Kabupaten Gianyar Sudharma, I Made
Sevanam: Jurnal Pengabdian Masyarakat Vol 5 No 1 (2026): Maret
Publisher : Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/sevanam.v5i1.6578

Abstract

This article examines the legal standing of the Sekaa Teruna-Teruni awig-awig within the framework of customary village autonomy under Article 18B of the 1945 Constitution and applicable legislation, particularly Bali Provincial Regulation No. 4 of 2019 on Customary Villages in Bali. Furthermore, this article describes the process of assisting in the drafting of the awig-awig of Sekaa Teruna-Teruni Dharma Laksana in Banjar Luglug, Desa Adat Lembeng, Gianyar Regency as a concrete manifestation of strengthening customary village autonomy in local governance based on customary law. This research employs a juridical-empirical method through observation, in-depth interviews, and documentary studies. The results indicate that the Sekaa Teruna-Teruni awig-awig holds a strong legal position as state-recognized customary law and serves as a vital instrument for Balinese youth to self-organize independently. The drafting assistance process contributes significantly to strengthening customary village institutional capacity, preserving local wisdom values, and increasing the active participation of youth in customary village governance. This research recommends that similar assistance be extended to all banjar across Bali as a sustainable strategy for strengthening customary village autonomy.
Restorative Justice in Customary Criminal Law in Indonesia: A Legal and Sociological Study Lestari, Putu Ulandari Sri; Sudharma, I Made
Jurnal Indonesia Sosial Sains Vol. 7 No. 5 (2026): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v7i5.2339

Abstract

Restorative justice has emerged as a critical response to the retributive paradigm in criminal justice systems, which often neglects victim recovery and social harmony. In Indonesia, this approach is not new but has long been embedded in customary criminal law as part of the living law, emphasizing deliberation, community involvement, and the restoration of social balance. This study aims to analyze the regulation of restorative justice in Indonesian positive law and to examine the urgency of reforming criminal procedural law through the integration of customary criminal law values. The research employs a normative legal method using statutory, conceptual, and historical approaches, supported by descriptive, argumentative, and evaluative analysis techniques. The findings reveal that although restorative justice has been recognized in several legal instruments, including Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and various internal regulations of law enforcement agencies, its regulation remains fragmented, sectoral, and not yet fully integrated into the national criminal procedural system. Meanwhile, customary criminal law demonstrates strong paradigmatic alignment with restorative justice, particularly in terms of community participation and social restoration. The study concludes that reforming national criminal law by integrating restorative justice principles based on customary law is essential to bridge the gap between positive law and living law, thereby fostering a more responsive, humane, and substantively just criminal justice system aligned with Indonesia's socio-cultural values.