PELANGGARAN HUKUM ADAT DAN SANKSINYA DI DALAM KEHIDUPAN MASYARAKAT BALI

Abstract

Customary law is an opinion of morality in a society whose truth is agreed upon by a certain group. Meanwhile, according to Van Vollenhoven, customary law is the rules that apply to indigenous people and foreign eastern people, which on the one hand has sanctions (so it can be said to be "Law" and on the other hand is not codified. In everyday life, communities are interconnected with each other, because each person has mutual interests. Customary conflicts occur because of clashes with what has been mutually agreed upon and contained in other customary rules. There are these customary conflicts that are criminal and there are also conflicts that are purely customary in nature (non-criminal). Balinese Customary Law is a written or unwritten law or regulation that contains orders and prohibitions to regulate the behavior of indigenous peoples in terms of maintaining human relationships with God, human relationships with the environment, and human relations with humans, which Bali is known as the Tri Hita Karana teachings. Bali Provincial Regulation No. 3 of 2003 concerning Traditional Villages, which changed the term "Pakraman Village" to "Traditional Village". The term customary law community is used in legal teaching in Indonesia because the law formed and implemented by this legal community is customary law, so the legal community that forms and implements customary law is called a legal community. The Balinese customary law community is a society that forms and implements its own law, namely Balinese customary law. What is meant by the Balinese traditional law community are Balinese Hindus who are bound by their legal alliance, both through regional ties and hereditary ties.