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All Journal Journal Equity of Law and Governance Jurnal Interpretasi Hukum
Kharisma Nanda Sattwika
Universitasi Warmadewa
Law, Crime, Criminology & Criminal Justice

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Penyediaan Karang Memadu bagi Warga yang Berpoligami di Desa Adat Penglipuran Kabupaten Bangli Kharisma Nanda Sattwika; Diah Gayatri Sudibya; Ni Made Puspasutari Ujianti
Jurnal Interpretasi Hukum Vol. 1 No. 1 (2020): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.1.1.2189.72-76

Abstract

The authority of the customary law community covers various fields of human life, including in the field of marriage. In the field of marriage, customary law community unity regulates its own marriage patterns as applied by customary law community unit in Penglipuran Adat Village, Bangli Regency, there are customary rules that forbid its citizens from polygamy by providing a place called coral combined for traditional village manners that do polygamy. The study examines two problem formulations namely how the marriage system in the Penglipuran traditional village, and what the function of the reefs is to integrate polygamy marriage in the Penglipuran traditional village. The research method used in this study is empirical legal research with the sociology of law approach. The results showed that the Penglipuran Indigenous Village implemented a Monogamy marriage system that had long been designed before it was published in Law Number 1 of 1974 concerning Marriage. Related to the function of coral reefs is to prevent polygamy marriages. The main goal is to give a woman's happiness as a wife. While the influence of the supply of coral blends is very effective because until now there are no residents who occupy the coral blends because there are no Penglipuran people who do polygamy. With this research it is expected that the Penglipuran Indigenous village should maintain and preserve the values ​​of its local wisdom, because the Indigenous Village of Penglipuran is a well-known tourist destination. In addition, the government should always provide guidance to village officers to maintain the preservation of cultural values.
Justice and Legality of Dudukan in the Practice of Traditional Village Autonomy in Bali Kharisma Nanda Sattwika; I Made Suwitra; I Nyoman Sujana; I Nyoman Gede Sugiartha
Journal Equity of Law and Governance Vol. 8 No. 1 (2026): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.8.1.2026.63-71

Abstract

This study examines the fairness and legality of dudukan in the practice of customary village autonomy in Bali, particularly in the context of the implementation of Bali Provincial Regulation No. 4 of 2019 concerning Customary Villages and Governor Regulation No. 34 of 2019 concerning the Management of Customary Village Finances. Dudukan, a mandatory contribution from krama adat (traditional community members) and krama tamiu (non-traditional community members) to support traditional and social activities, often causes controversy because it is associated with illegal levies. This study aims to analyse the model, regulations, and nature of dudukan within the framework of customary law and national law. The research was conducted using a sociological legal-normative approach through interviews, literature studies, and analysis of regulations and practices in the field. The results show that, according to customary law, the dudukan has a basis of legitimacy through the customary village's pararem (customary law). However, its implementation often does not meet the principles of fairness, transparency, and legal certainty stipulated in the rule of law. It was also found that there was a difference in perception between state officials and indigenous peoples regarding the legal limits of customary levies. This study recommends the need for harmonisation between customary law and positive law, strengthening the role of local government in facilitation and supervision, and applying the principle of substantive justice so that dudukan truly functions as an instrument of welfare and social harmony for the Balinese people.
Co-Authors Diah Gayatri Sudibya I Made Suwitra I Nyoman Gede Sugiartha I Nyoman Sujana Ni Made Puspasutari Ujianti