I Nyoman Sumardika
Faculty of Law, Universitas Warmadewa, Indonesia

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The Existence of Bale Kerta Adhyaksa as an Instrument for Resolving General Legal Cases in Bali I Nyoman Sumardika; Anak Agung Sagung Laksmi Dewi; Ni Made Puspasutari Ujianti; Anak Agung Ngurah Adhi Wibisana
Community Service Journal of Law 29-37
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/csjl.4.1.2025.29-37

Abstract

The paper entitled “The Existence of Bale Kerta Adhyaksa as an Instrument for Resolving General Legal Cases in Bali” was prepared in connection with the enactment of the Draft Regional Regulation of the Province of Bali concerning Bale Kerta Adhyaksa into a Regional Regulation, which will take effect following the implementation of Law Number 1 of 2023 on the Criminal Code on 2 January 2026. This paper examines and discusses two legal issues relevant to the existence of Bale Kerta Adhyaksa, namely: (1) the authority of Bale Kerta Adhyaksa in Bali, and (2) the scope of the substantive provisions of the Regional Regulation on Bale Kerta Adhyaksa in Bali. The writing method is grounded in the doctrine of legislative law, thereby adopting a normative research type which utilizes normative or non-empirical research materials with a statutory approach and a conceptual approach, drawing from both primary and secondary legal materials. The analysis employs the concept of regulatory impact assessment and consistency analysis, applied both at the stage when the regulation was still in draft form and after its stipulation as a Regional Regulation of Bali Province. This analysis is carried out using systematic interpretation through inductive and deductive reasoning, presented in a structured and coherent manner. The authority of Bale Kerta Adhyaksa in Bali is to resolve general legal cases occurring within the jurisdiction of customary villages. Institutionally, it is expected to resolve cases by prioritizing a win–win solution, particularly for minor criminal cases and minor civil cases. Meanwhile, the scope of the substantive content of the Regional Regulation on Bale Kerta Adhyaksa in Bali includes the realization of an effective, efficient, comprehensive, and conclusive system for resolving general legal cases, as well as the reduction of the frequency of minor criminal and civil cases within customary villages areas. The formulation of case resolution is embodied in the form of a “Peace Statement Letter or Deed” and a “Peace Agreement Letter or Deed”, which are recorded in a mutual agreement between the parties, signed by them, and must be carried out in good faith. The decisions are final and binding.
Regulation of Customary Villages as Legal Subjects and Appointment of Temples as Religious Legal Entities Related to Land Ownership Rights I Nyoman Sumardika; I Nyoman Sutama
Community Service Journal of Law 38-47
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/csjl.4.1.2025.38-47

Abstract

This study analyzes the legal position of temples (pura) as religious legal entities in the context of land registration following the enactment of Bali Provincial Regulation Number 4 of 2019 on Desa Adat (Customary Villages). The regulation introduces new classifications of legal subjects eligible for land registration, particularly concerning land owned by Desa Adat and temple property. These developments raise two fundamental legal questions: (1) whether temple-owned land can be categorized as land belonging to the Desa Adat, and (2) the legal basis for registering temple land under the 2019 regulation. The research adopts normative legal methods, relying on statutory, conceptual, and case approaches to clarify the legal norms relevant to temple land registration. Analysis is conducted through grammatical and systematic interpretation, enabling a structured understanding of the regulatory framework. Desa Adat is formally recognized as a holder of communal land rights under the Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 276/KEP-19.2/X/2017, a status further supported by Bali Provincial Regulation Number 4 of 2019. Two forms of customary village land eligible for registration are identified: (a) land directly managed by the Desa Adat, including cemeteries, certain temple areas, and markets; and (b) land owned by the Desa Adat but managed by customary community members, such as village yards and ayahan land. The function of Desa Adat in customary land registration does not conflict with the Minister of Home Affairs Decree Number 556/DJA/1986, which is based on Government Regulation Number 38 of 1963 regarding legal entities permitted to hold land ownership rights. Nonetheless, these regulations differ substantially in scope and purpose. The key finding of this study is that temple land remains legally distinct from customary village land, as temples and Desa Adat constitute separate legal entities. Consequently, temple-owned land cannot automatically be treated as Desa Adat property, and its registration must follow legal provisions specific to temples as religious legal bodies.