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All Journal Sriwijaya Law Review Community Service Journal of Law
Ni Made Jaya Senastri
Faculty of Law, Universitas Warmadewa, Indonesia
Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

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Efforts to Improve Legal Compliance Through the Writing of the Awig Screening Pararems in the Dalem Yangapi Traditional Village I Ketut Sukadana; Ni Made Jaya Senastri; I Made Gianyar; Kadek Ayu Surya Dwi Utami; Ni Putu Putri Pebriyanti Apsari
Community Service Journal of Law Vol. 4 No. 1 (2025): Community Service Journal of Law
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/csjl.4.1.2025.48-55

Abstract

One factor for good law enforcement is legal awareness and compliance with the law. Legal compliance can be achieved through the existence of good regulations. In Bali, Customary Villages (Desa Adat) are traditional villages in Bali that have autonomy in creating regulations. Each Customary Village has its own administrators and assets, and has the authority to create regulations, known as awig-awig and/or pararem. The situation of the program partners is that they do not yet have a pararem panyahcah awig as a regulation for implementing awig-awig. The goal of this program is to empower the Customary Village community so that they have a regulation in the form of a pararem panyahcah awig. The methods used in this community service program are: (1) providing lectures or legal counseling on the importance of a pararem panyahcah awig in life in a Customary Village, (2) conducting focus group discussions (FGDs) on the draft pararem, and (3) providing assistance in creating customary village pararem. The result of this program is the development of a set of 64 articles (pawos) to address customary law (adat), in accordance with the mandate of the customary law (adat) outlined in the articles.
The Legitimacy Crisis of Customary Villages Under Indonesia’s Village Law Sri Wahyu Kridasakti; Rina Elsa Rizkiana; Purwaningdyah Murti Wahyuni; Ni Made Jaya Senastri; Henny Yuningsih
Sriwijaya Law Review Volume 9 Issue 2, July 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v9i2.3998

Abstract

The absence of clear institutional linkages between bureaucratic villages (BVs) and customary villages (CVs) raises significant concerns regarding the legitimacy and effectiveness of their governance structures. Understanding the institutional relationship between these entities is therefore essential. This research analyses the legitimacy and legal implications of customary village regulations and investigates the disharmony between these regulations and Law Number 6 of 2014 in relation to the 1945 Constitution of the Republic of Indonesia (UUD 1945). Employing a socio-legal case study approach, this study focuses on five key sites: Gampong-Mukim in Aceh, Tosari-Tengger Village, Kanekes-Baduy, Tenganan Pegringsingan-Karangasem, and Pecatu-Badung. Legal materials were collected through document reviews and focus group discussions related to customary village governance. Findings reveal that Law Number 6 of 2014 concerning Villages fails to align with constitutional principles and shows inconsistencies when compared with regional regulations across the observed areas. Furthermore, the study identifies state intervention in customary village governance through the implementation of Law Number 6 of 2014—an approach deemed inappropriate unless such villages are fully and formally recognised. These regulatory inconsistencies and interventions undermine the legitimacy of Law Number 6 of 2014 in the context of customary village governance and threaten the autonomy and legal standing of Indonesia’s indigenous communities.
Co-Authors Henny Yuningsih I Ketut Sukadana I Made Gianyar Kadek Ayu Surya Dwi Utami Ni Putu Putri Pebriyanti Apsari Purwaningdyah Murti Wahyuni Rina Elsa Rizkiana Sri Wahyu Kridasakti