Jurnal Pendidikan PKn
Vol. 7 No. 2 (2026): Oktober 2026

Reactualizing Pancasila Values to Harmonize Environmental Law and Customary Law in Ngurah Rai Grand Forest Park

Parwati, Ni Putu Ega (Unknown)
Adnyani, Ni Ketut Sari (Unknown)
Yasmiati, Ni Luh Wayan (Unknown)



Article Info

Publish Date
26 Oct 2026

Abstract

Management of the Ngurah Rai Grand Forest Park (Tahura) conservation area faces serious challenges in the form of regulatory conflicts between the national environmental law, which is positivist-centralist in nature, and the local Customary Village Awig-Awig based on Tri Hita Karana. This normative legal research aims to analyze the forms of norm conflicts (antinomy of norms) and to formulate a legal synchronization model based on Pancasila values to achieve ecological justice. Using legislative, conceptual, and philosophical approaches, the research results show a fundamental conflict between Article 63 paragraph (1) letter t in conjunction with Article 70 of Law No. 32 of 2009 (Environmental Protection and Management Law), which is passive, and Article 19 and Article 40 of Law No. 5 of 1990 in conjunction with Law No. 32 of 2024 (Natural Resources and Ecosystem Conservation Law), which monopolizes law enforcement only to the Civil Servant Investigators (PPNS) and the Police. The restriction of the hierarchy of norms in Article 7 paragraph (1) of Law No. 12 of 2011 and the rigid application of the Formal Legality Principle in Article 1 paragraph (1) of the Criminal Code systematically eliminate the legal standing of customary sanctions (mepasupati or kesepekangang), creating a legal enforcement vacuum at the grassroots level. To overcome this deadlock, a legal reconstruction based on Pancasila values was formulated: The Third Principle underpins the integration of harmonious legal pluralism, positioning Awig-Awig as complementary law; The Fourth Principle serves as the foundation for partnership governance (co-management) through the delegation of supervisory authority to Pecalang; and The Fifth balanced by the Second Principle's human dignity protections integrates customary restorative justice sanctions into environmental administrative instruments to ensure the sustainability of the mangrove ecosystem.

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Journal Info

Abbrev

JPPKn

Publisher

Subject

Humanities Education Environmental Science Social Sciences

Description

Jurnal Pendidikan Pancasila & Kewarganegaraan Jurnal Ilmiah Program Studi Pendidikan Pancasila & Kewarganegaraan Universitas Tanjungpura Journal Pendidikan Pancasila & Kewarganegaraan (JPPKn) with ISSN printed 2622-4697 and ISSN online 2723-0996 is a Peer-Review Journal published by Pancasila and ...