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Dinamika Peran Pacalang Dalam Menunjang Aktivitas Kepariwisataan di Desa Adat Tuban-Kuta Wesna Astara, I Wayan; Mardika, I Made
WICAKSANA: Jurnal Lingkungan dan Pembangunan Vol 1, No 1: 2017
Publisher : WICAKSANA: Jurnal Lingkungan dan Pembangunan

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Abstract

The dynamics of the Pecalang’s role in the Traditional Village of Tuban has experienced multifunctional roles after the splendor of the tourism activities happened in the village. As a tourism area that is supported by Ngurah Rai International Airport and heterogeneous and multicultural population, this traditional village requires an arrangement of the socialreligious institution of Pecalang, the Village Security Forces that are in synergy with the Civil Defense (Hansip). The problems that arose in this research were 1). How the form of the Pecalang in supporting the tourism activities in the traditional village of Tuban was?; 2). How the implications of the Pecalang’s involvement in supporting the tourism activities in the village was? The method of approach with the type of the qualitative research, that is, the analysis of field data collection with consideration of the nature and scope of the research problems is in the characteristic of multidisciplinary. Based on the results of the research, it can be described that the multifunctional role of the Pecalang is empirically in synergy with the Security Forces of the traditional village (Hansip). The Pecalang and the Security Forces of the village altogether form a single integrated post to maintain the security, tranquility, and the orderliness at the traditional village of Tuban. The role of the Pecalang in the tourism of a pluralistic community is at the beginning in the domain of “religion,” custom, and culture, then flows to the domain of “state”/security and to the social-economic function of tourism activities. In the real juridical, the formation of Pecalang and the Security Forces of the village was just written in the village role “Penyacah” when the traditional village followed village a contest of traditional villages in the level of Badung Regency in 2016. At that time, there was a mistake to put the role of the Security Forces of the village and the Pecalang. The role of the village Security Forces and the Pecalang should be not in the role of “Penyacah, but in the role of “Nyeje” or “Ngele”/ the released role. Key word: Pecalang, multifunction, tourism , village role
SOCIO-POLITICAL DYNAMICS TAKING PLACE AT KUTA TRADITIONAL VILLAGE, BALI: FROM DESA ADAT (TRADITIONAL VILLAGE) TO DESA PEKRAMAN (ANOTHER TYPE OF TRADITIONAL VILLAGE) IN THE PERSPECTIVE OF CULTURAL STUDIES Wesna Astara, I Wayan; Parimartha, I Gde; Sirtha, I Nyoman; Mariyah, Emiliana
E-Journal of Cultural Studies Vol. 4, No. 2 Juli 2010
Publisher : Cultural Studies Doctorate Program, Postgraduate Program of Udayana University

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Abstract

This research explores the socio-political dynamics taking place at KutaTraditional Village, Bali: from desa adat (traditional village) to desa pekraman (anothertype of traditional village) in the perspective of cultural studies. There are three problemsformulated in this research. The first problem is how the socio-political dynamics fromdesa adat (traditional village) to desa pekraman (another type of traditional village) tookplace at Kuta? The next problem is how the traditional village interacted with theadministrative village at Kuta? And the last problem, which is the third, is what were theimpacts and meanings of the change from desa adat to desa pekraman? In this studyqualitative method was employed. And the data needed was obtained by employing thetechnique of in-depth interview, the technique of participatory observation, anddocumentation study. To give responses to the problems mentioned above, the theory ofhegemony, the theory of deconstruction, the theory of conflict, the theory of power andknowledge and the theory of eclectically symbolic interaction were applied.The findings show that the socio-political dynamics taking place Kuta TraditionalVillage resulted in turbulence among the villagers. This is indicated by the Local Rulesand Regulations (Perda) issued by Desa Pekraman of Number 3 of Year 2001. Thiscould be responsible for the factors of pro’s and con’s in various aspects. Clause (6) ofArticle 3 of the Perda of Number 3 of Year 2001 was reversed by the leaders of KutaTraditional Village. They did not agree that non-Hindu people were included as thetraditional village members.As far as the interaction between the traditional village and the administrativevillage is concerned, the governmental hegemony took place. The government appliedhegemony to the traditional village through the administrative village in the form of rulesand regulations. The local rules and regulations issued by the desa pekraman, as a legalproduct in Bali, are left crystallized sociologically, philosophically, and juridically. However, the dynamism of the traditional villagers in Bali will “justify” to what extentsuch rules and regulations are justified and to what extent they are protective. The changeof the Perda issued by the desa adat into that issued by the desa pekraman was notfollowed by Kuta Traditional Village by replacing the awig-awig (rules and regulations)issued by the desa adat or making loose agreements to adapt to the higher rules andregulations in addition to anticipating the migrants through the change in rules andregulations applicable at Kuta Traditional Village. Basically, the socio-political dynamicstaking place at Kuta Traditional Village as a consequence of the change made from desaadat to desa pekraman resulted in no important things. However, from the “substance”point of view, the change can be seen in the formation of Majelis Desa Pekraman (theAssembly of Desa Pekraman) (Article 14), which is formed from below, and in theappearance of pecalang (traditional security) which is responsible for the security andorderliness of the village area especially when traditional and religious activities areperformed. Actually, pecalang is an “old product” which is newly packaged with “newenthusiasm” and is included in the Perda of Number 3 of Year 2001 issued by the DesaPekraman . The meanings created by the change made from Desa Adat to DesaPekraman are transformational, dialogic and dynamic. The desa pekraman is in the ongoingprocess (which will never come to an end) of being integrated into theadministrative village.The findings show that there were multiple interpretations given by the leaders ofKuta Traditional Village, as far as the articles in the Perda issued by the Desa Pekramanare concerned, governmental hegemony which was in the form of Rules and Regulationsas the social transformation of the State by which villages are organized.
Cultural Activities, Legal and Public Policy of Bali On Desa Pakraman and the Response of Prajuru the Traditional Village Management Kuta Wesna Astara, I Wayan
Jurnal Ilmiah Peuradeun Vol 6 No 3 (2018): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (841.355 KB) | DOI: 10.26811/peuradeun.v6i3.186

Abstract

In the New era, Bali was hegemonized by the politics of the State's law against traditional villages. There is a response from Bali Provincial Government to create a policy to protect traditional villages in Bali. The power of Bali in the traditional village is maintaining Balinese culture based on Hinduism and the philosophy of Tri Hita Karana. Relevant critical theories in this article's discussion are public policy theory which is micro, hegemonic theory, power relation theory and deconstruction theory. Qualitative method with case study design in traditional village of Kuta is used as the research of cultural studies. The result of the research explains that public policy in Bali in defending traditional village is that Bali Provincial Government responds to state law politics by establishing Bali Provincial Regulation. However, when the Provincial Regulation of Bali No. 3 of 2001 on traditional village, the traditional village of Kuta responded to Article 3 paragraph (6) was not accepted by the prajuru and also received a response from the traditional village council, so the pros and cons of the traditional village in Bali emerged.
The Legality of the Surrogate Mother Agreement Reviewed from Indonesian Civil Law I Wayan Suryadi, Yohanes; Mahendra Wati, Ni Luh Made; Wesna Astara, I Wayan; Bagus Suryawan, I Gusti; Kosasih, Johannes Ibrahim
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.279

Abstract

This research explores the legality of surrogate mother (uterus rental) agreements under Indonesian civil law, particularly given the absence of clear regulations governing such arrangements. The study aims to examine both the legal status of surrogate mother agreements and the legal status of children born through surrogacy, based on the provisions of the Indonesian Civil Code. This is a normative legal study employing a statutory approach, with secondary data collected through literature review and analyzed using descriptive-analytical methods. The findings indicate surrogate mother agreements are not legally valid under Indonesian civil law, as they fail to meet the essential requirements for a valid contract. The legal status of children born from such agreements depends on specific conditions. If the intended (biological) parents wish to establish a legal relationship with the child, they must go through an adoption process. Furthermore, the marital status of the surrogate mother determines the child’s legal status: (a) if the surrogate mother is legally married, the child is presumed to be the legitimate child of the surrogate and her spouse; (b) if the surrogate mother is unmarried or widowed, the child is considered to be born out of wedlock.
Cultural Activities, Legal and Public Policy of Bali On Desa Pakraman and the Response of Prajuru the Traditional Village Management Kuta Wesna Astara, I Wayan
Jurnal Ilmiah Peuradeun Vol. 6 No. 3 (2018): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v6i3.186

Abstract

In the New era, Bali was hegemonized by the politics of the State's law against traditional villages. There is a response from Bali Provincial Government to create a policy to protect traditional villages in Bali. The power of Bali in the traditional village is maintaining Balinese culture based on Hinduism and the philosophy of Tri Hita Karana. Relevant critical theories in this article's discussion are public policy theory which is micro, hegemonic theory, power relation theory and deconstruction theory. Qualitative method with case study design in traditional village of Kuta is used as the research of cultural studies. The result of the research explains that public policy in Bali in defending traditional village is that Bali Provincial Government responds to state law politics by establishing Bali Provincial Regulation. However, when the Provincial Regulation of Bali No. 3 of 2001 on traditional village, the traditional village of Kuta responded to Article 3 paragraph (6) was not accepted by the prajuru and also received a response from the traditional village council, so the pros and cons of the traditional village in Bali emerged.