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All Journal Randwick International of Social Science Journal Journal Equity of Law and Governance
I Made Suwitra
Universitas Warmadewa, Denpasar, Bali, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Existence of Customary Land and its Utilization Pattern for Tourism Business I Made Suwitra; I Ketut Sudiarta; I Ngurah Suryawan; Dimas Imaniar; Niko Pahlevi Hentika
Randwick International of Social Science Journal Vol. 4 No. 2 (2023): RISS Journal, April
Publisher : RIRAI Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47175/rissj.v4i2.644

Abstract

The purpose of this study are: (1) A comparison of the existence of customary land rights owned by indigenous villages in Gianyar Regency and those owned by indigenous communities in Banyuwangi Regency.; and (2) patterns of utilization of customary land for the provision of tourist facilities and attractions. Customary land owned by Batuan Traditional Village and Padangtegal Traditional Village in Gianyar Regency, Bali still exists mainly in the form of customary village druwe land. Meanwhile, the Osing Indigenous Community of Kemiren Village in Banyuwangi Regency, East Java is not explicitly recognized as having customary land rights over land or other physical resources. Customary rights are reflected in the ownership of intangible cultural assets/heritage, such as art, rituals, and traditions. The utilization of customary rights for tourism businesses in Batuan Customary Village and Padangtegal Customary Village is managed individually or institutionalized by customary villages based on local regulations. (awig-awig and/or pararem). Whereas in the Osing indigenous community of Kemiren Village there is the utilization of intangible cultural heritage owned by indigenous communities such as art, rituals, and traditions as tourist attractions and attractions.
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 Dimas Imaniar I Ketut Sudiarta I Ngurah Suryawan I Nyoman Gede Sugiartha I Nyoman Sujana Kharisma Nanda Sattwika Niko Pahlevi Hentika