The Existence of Balinese Customary Law in Resolving Indigenous Community Conflicts in the Modern Era

Abstract

Balinese customary law, expressed through awig-awig, pararem and the Kerta Desa Adat institution, remains the main reference for resolving conflicts in 1,493 customary villages. It now faces land disputes, the presence of non-member residents and tourists, human-rights criticism of customary sanctions, and the limited binding force of customary decisions before state courts. This normative juridical study (statute, conceptual and case approaches) examines the existence of Balinese customary law in resolving conflicts in the modern era, drawing on Bali Provincial Regulation No. 4 of 2019. The findings show that its existence rests on three layers: normative legitimacy, peace-oriented institutions, and socio-religious legitimacy. These layers are pressured at four points: unwritten or missing norms, customary land, the status of krama tamiu and tamiu, and sanctions that may conflict with human rights. The article proposes a tiered, rights-safeguarded model of customary conflict resolution that combines prevention through written codification, paruman mediation, adjudication by Kerta Desa, and recognition through peace deeds. Its novelty lies in a cross-type synthesis of conflicts and in the proposed model