The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia

Research Article

The Construction of Customary Village Rules Tests After The Enactment of Law Number 6 of 2014 on Villages (A Study on Awig-awig of Customary Village/Pakraman Village in Bali Province Indonesia)

Download272 downloads
  • @INPROCEEDINGS{10.4108/eai.10-9-2019.2289465,
        author={Putera  Astomo and Retno  Saraswati and Sukirno  Sukirno},
        title={The Construction of Customary  Village Rules Tests After The Enactment of Law Number 6 of 2014 on Villages (A Study on Awig-awig of Customary Village/Pakraman Village in Bali Province Indonesia) },
        proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICIDS},
        year={2019},
        month={11},
        keywords={testing construction village customary rules law number 6 of 2014 on villages awig-awig of customary village/pakraman village in bali province},
        doi={10.4108/eai.10-9-2019.2289465}
    }
    
  • Putera Astomo
    Retno Saraswati
    Sukirno Sukirno
    Year: 2019
    The Construction of Customary Village Rules Tests After The Enactment of Law Number 6 of 2014 on Villages (A Study on Awig-awig of Customary Village/Pakraman Village in Bali Province Indonesia)
    ICIDS
    EAI
    DOI: 10.4108/eai.10-9-2019.2289465
Putera Astomo1,*, Retno Saraswati2, Sukirno Sukirno2
  • 1: West Sulawesi University, Majene, Indonesia
  • 2: Diponegoro University, Semarang, Indonesia
*Contact email: putraastomo_hukum@yahoo.co.id

Abstract

The formation of Law Number 6 of 2014 on Villages and its implementing regulations govern the mechanism of testing of Village Rules including the testing of Awig-awig as a Customary Village Rules applicable in Customary Village/Pakraman Village of Bali Province. However, the mechanism of testing of Village Rules governed in the Act poses various problems when applied to test the Awig-awig of Customary Village/Pakraman Village in Bali Province as follows: First,the type of village is divided by two, namely the Official Administrative Village and Customary Village/Pakraman Village,where both types of village have different characteristics. Secondly, the application of the Law as positive law is contrary to the customary law that applies in Customary Village/Pakraman Village because people still maintain the customary law, which is derived from the values of the teachings of Hinduism and traditions that live in the community. The problem formulated is: What are the consequences caused when Law Number 6 of 2014 on Villages and its implementing regulations applied in testing Awig-awig of Customary Village/Pakraman Village in Bali Province? The approach methods of this research are sociology law and anthropology law. The result of the research shows that Awig-awig of Customary Village/Pakraman Village cannot be tested because it causes terrible consequences for the life of Customary Village/Pakraman Village both philosophically, juridical, socially, and culturally.