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Putu Sekarwangi Saraswati
Faculty of Law, Universitas Mahasaraswati Denpasar, Denpasar
Education Energy Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Religious-Ethical Perspectives on Traditional Health Law: Toward Culturally Sensitive Regulation Ni Luh Gede Yogi Arthani; Putu Sekarwangi Saraswati; Made Emy Andayani Citra
Contrarius Series: Law & Social Justice Vol. 1 No. 2 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i2.50

Abstract

Indonesia's rich natural resources and cultural traditions have given rise to a variety of traditional healing practices based on local wisdom passed down through generations. However, amidst the development of modern medicine, legal regulations regarding traditional health still face challenges in balancing medical effectiveness with the cultural, ethical, and religious values of the community. This study aims to examine the religious and ethical perspectives in the formation of traditional health laws in Indonesia and to formulate directions for the development of culturally sensitive regulations. The research method used is normative legal research with a legislative approach, and conceptual research using primary and secondary legal materials analyzed descriptively qualitatively. The results show that traditional health practices in Indonesia function not only as physical therapy but also have a spiritual dimension that strengthens the balance between body, soul, and faith. From an ethical perspective, legal regulations must guarantee patient protection, honesty, responsibility, and respect for the community's cultural autonomy. The integration of religious and ethical values in traditional health regulations has been shown to increase social legitimacy, legal compliance, and social justice. Therefore, the direction of the development of traditional health law in the future needs to be directed towards a legal system that is adaptive, inclusive, and rooted in the cultural and spiritual values of the Indonesian people, without neglecting the principles of medical safety and accountability.
Strategy for Strengthening Bagha Utsaha Padruwen Customary Villages (Bupda) Through Professional Management and Local Wisdom Ni Komang Sutrisni; Putu Sekarwangi Saraswati
Contrarius Series: Law & Social Justice Vol. 1 No. 2 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i2.133

Abstract

The development of the people's economy in Bali cannot be separated from the role of traditional villages as socio-cultural institutions that possess economic potential based on local wisdom. One of the institutional innovations of traditional economics developed is the Baga Utsaha Padruwen Desa Adat (BUPDA), a village-owned enterprise that aims to manage local assets and economic potential for the welfare of the village community. This study aims to examine strategies for strengthening BUPDA through the implementation of professional management and the integration of Balinese local wisdom values. The research method used is empirical legal research, with a normative-empirical approach to the laws and regulations and customary law applicable in Balinese society. The results show that the existence of BUPDA has a strategic role in strengthening the traditional economy, but still faces challenges such as a weak internal legal basis (BUPDA pararem), low human resource capacity, and a lack of professional governance. The implementation of professional management based on the principles of transparency, accountability, and effectiveness is a key factor in strengthening BUPDA institutions. Furthermore, the integration of the values of Tri Hita Karana, Tat Twam Asi, Nyama Braya, and Tri Kaya Parisudha serves as the moral and spiritual foundation for BUPDA management, ensuring its continued rootedness in Balinese culture. Therefore, strengthening BUPDA through professional management and local wisdom is expected to achieve sustainable, competitive, and independent traditional village economies while maintaining Balinese social and cultural harmony.
Co-Authors Made Emy Andayani Citra Ni Komang Sutrisni Ni Luh Gede Yogi Arthani