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ANALYSIS OF CUSTOMARY VILLAGE LAW ENFORCEMENT IN

JOINT DECREE (SKB) SAMPRADAYA NON-DRESTA

Sampradaya, customary village

control, driving and controlling for the community action to be able to run in accordance with

cultural values and dogma (Utama & Paramita, 2021). Indonesia is a pluralistic country with

ethnicities, races, and religion diversity (Suradi et al., 2020). The 1945 Constitution of the Republic

of Indonesia (hereinafter referred to as the 1945 Constitution) in article 29, paragraph 2 has

regulated that the state guarantees each citizen the freedom of religion and worship in accordance

with their religion and belief. The diversity of religions in Indonesia territory makes Bali a

Province famous for the population majority is Hindu. The phenomenon of the existence of

Hinduism in Bali does not necessarily become a social control of Balinese life. However, it also

becomes a terror in society which causes the fragmentation of social conflict

The Balinese Identity Crisis has developed into a Hindu monopoly, at least on their island of

or Sampradaya, which is one of them is the Hare Krishna sect.

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Sampradaya means to give, present, bestow, confer through a tradition bequeath a

philosophy, through Parampara or living lineage of purified teachers and manifests and transmits

Sampradaya through initiation (Gayatri, 2021). The phenomenon of Sampradaya ideology and

organization as well as the spiritual teachers who enter from overseas are the impact of

globalization, causing the social changes, limiting the human movement in their social territory,

and the culture becoming blurry. The shift of the agrarian society life into an industrial society,

mainly the tourism industry is the factor in the entry of Sampradaya ideologies and organization

the breakdown of the New Order, moving to political change in Indonesia, this spirituality group

started to be welcomed. However, the situation is different today. It turns out that opposition to

this group is still preserved at the grassroots such that it may arise if there is a trigger (Utama &

Paramita, 2021). Hindu Community Movement (Gema Hindu) is a manifestation of the dynamic

existence of dissociative social interaction through the horizontal conflicts between community

groups in Bali. This movement is intended to make blasphemy against Hinduism can be legally

dealt with and the existence of the Sampradaya transnational ideology and organization is out of

the PHDI's protection.

After the development of the video case showing the speech of the Regional Representative

Council (DPD) of the Republic of Indonesia, Arya Wedakarna, at Hare Khresna religious event,

Sampradaya ideology is a belief system and religion, which is also known as new religion

overseas with the term new age movement. The spirit of fraternity, equality, liberty, and humanity

are the noble jargon which is part of marketing the religion provided by the new religious

movement. These religious and mysticism or syncretism action mixes up several beliefs and

people, using yoga and meditation techniques, mystic, and individual cults supported by a touristic

religious attitude. Both Sampradaya transnational ideology and organization are believed to

subvert social order, erase national identity, and trigger latent conflict to manifest. Transnational

ideology and organization have evoked chaos that triggers latent conflict to manifest as a result of

ideology (teachings) and mixing up religion and religious communities (Kuckreja, 2022).

Dealing with globalization and tourism, Hindu people try to enforce the indigenous

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culture, including the mandatory use of the Balinese alphabet and ratification of customary villages

through the Customary Village Council (MDA, Majelis Desa Adat). MDA regulates the customary

village autonomous institution, allowing them to enact local laws that supersede provincial or

national regulations. The influence of a cultural, social, political, and economical sub-system as

well as the influence of other sub-systems will affect a system or will be interrelated/related to

each other. Satjipto Rahardjo is referred to as Cybernetics Relation in which the connection

between one sub-system with another sub-system can be seen when the systems that have a high

to Balinese culture, so the decision passed by the Governor has caused public restlessness among

Hindus in Bali and its surroundings. The Balinese people have to take drastic measures to protect

their Balinese culture as a political stance. It is the reason the incumbent Governor of Bali supports

island-wide limitations on Hare Krishna (and other non-Balinese Hindu movements). Antonio

Gramsci, with his theory of conflict, stated that the social conflict can be occurred because of a

hegemony (Patria & Arief, 2013). Hegemony can be described as a dominance power that is

exercised to create a desired ideology and culture (Kambo, 2022).

From the results of the search that the author has done, the writing of the article

entitled Analysis of Customary Village Law Enforcement in Joint Decree (SKB) Sampradaya

Non-Dresta can be said to be new and no one has reviewed it before. Hence, this article has an

Based on the observation, the research by Utama and Paramita (2021) focuses on Religious

Conflict. Meanwhile, the paper on analysis of customary village law enforcement in Joint Decree

(SKB) Sampradaya Non-Dresta. Therefore, it is ensured that this paper does not have plagiarism

elements and has elements of renewal which are expected to be useful for the development of

Legal Studies in Indonesia.

Analysis of Customary Village Law Enforcement in Joint Decree (SKB) Sampradaya Non-Dresta

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The research by Kuckreja (2022) focuses on localized religion and New Religion Movement.

Meanwhile, the paper on Analysis of Customary Village Law enforcement in Joint Decree (SKB,

Surat Keputusan Bersama) Sampradaya Non-Dresta. Therefore, it is ensured that this paper does

not have plagiarism elements and has elements of renewal which are expected to be useful for

the development of Legal Studies in Indonesia.

Thus, this conflict becomes the background of the issue of the Joint-Decree of Parisada

Hindu Dharma Indonesia in Bali Province and the Customary Village Council of Bali Province

METHOD

This research used a normative legal research method. The normative legal research address

a legal issue that requires approaches as a foundation to draw up legal arguments that are precise,

logical and accurate (Irwansyah, 2021). This research used a statutory approach due to the law and

regulation associated with legal issues dealth which in this case is Customary Village Law

enforcement in Joint Decree (SKB) Sampradaya Non-Dresta. In addition, it also used the historical

approach to examine the background and historical development regarding legal issues faced.

Sources of legal material used were law and regulations as a primary legal source, while the

secondary legal sources were document analysis techniques, including journals, books, and articles

releted to the research topic.

established by institutions in a certain format and procedure, and is usually accompanied by

As stipulated by the Government of Bali, customary villages have authority over the

customary villages as the closest state entity to their territory. The authority that can be carried out

by customary villages in Bali to run and implement policies in their territory is shown by Regional

Regulation of Bali Province Number 4 of 2019 concerning Customary Village in Bali, hereinafter

referred to as Perda Desa Adat in Bali. A customary village is a unit of a customary law

community in Bali. It has its own land, position, original structure, traditional rights, assets,

traditions, and ways of living that have been passed down from generation to generation in the

bond of sacred places (Kahyangan Tiga or Kahyangan Desa), duties, authority, and the right to

Analysis of Customary Village Law Enforcement in Joint Decree (SKB) Sampradaya Non-Dresta

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Customary Villages in Bali. The customary village in Bali has been designated as the legal subject

in the government system. Therefore, it can be the organizer of government affairs and the local

community interests in the government system. Specifically, the customary village in Bali also has

Regional Regulations regarding the existence of the customary village itself.

partners Customary Villages as working partners of the Regional Government according to levels

in the terms of custom, tradition, culture, socio-religious, local wisdom, and the traditional

Bali Province Customary Village Council regarding the Limitation of Non-Dresta

Sampradaya Teaching Activities in Bali, as one of the authority of the MDA, regulated in Article

76 in the second paragraph letter d stated that the MDA's authority is to discuss Balinese traditional

and cultural issues for the benefit of the Customary Village.

According to the theory of conflict proposed by Gramsci, social conflicts happen because of

the hegemony. In this case the existence of Hare Khrisna especially in Bali will result in the

appearance of new ideologies. The issuance of the Joint Decree (SKB) aims to consider the right

of having a religion and a belief belongs to human right that cannot be reduced in any

circumstances, in which the implementation is obligated to respect the human rights of others to

gain the orderly life among the society, nation, and state (Baliilu, 2020).

culture destroyed, and that States must provide effective ways to prevent and deal with any action

to destroy their integrity as a separate group. Indigenous peoples have the right to keep, control,

protect, and develop their cultural heritage, traditional knowledge, and traditional cultural

expressions. It includes their human and genetic resources, seeds, medicines, traditional games,

and performing arts. Article 31 of the United Nations Declaration on the Rights of Indigenous

People says that they also have the right to keep, control, protect, and develop their cultural

heritage, traditional knowledge, and traditional cultural expressions.

The Indonesian constitution regulates that every person shall be free to choose their religion

and being respect to the rights and freedoms of the others as well as to fulfill the fair demands in

accordance with the considerations of morality, religious values, security, and public order as

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Indonesia enacted Law No. 1/PNPS/1965 concerning the Stipulation of the President of

Republic Indonesia and concerning the Prevention of Religious Abuse and/or Blasphemy of

Religion. Indonesia enacted Law No. 1/PNPS/1965 stated that publicly, it is against the law for

anyone to say, support, or try to get public support for a certain interpretation of a religion practiced

by the people of Indonesia, or to do religious activities that look like the religious activities of that

religion when that interpretation and those activities go against the religion's basic teachings.

Whoever commits a violation will have his/her actions terminated, if the violation is committed

of Bali Province Number 006/S/PHDI-BALI/VIII/2020 concerning the Addressing to the

problems of Hare Krishna Sampradaya/ISKCON as instructed by the Bali Province Customary

Village Council to Bendesa Adat (Head of the Customary Village) or the other Designations of

Customary Villages throughout the Province of Bali Number 01/SI/MDA-PBali/VIII/2020

regarding the Instruction of Attitude Towards the Existence of Sampradaya in the territory of the

Customary Village or around the area of Customary Village. Therefore it can be determined by

Joint Decree (SKB) Number 106/PHDI-Bali/XII/2020 and Number 07/SK/MDA-Prov

Bali/XII/2020 about the Limitation Activities of the development activities on Sampradaya Non-

Dresta teachings in Bali which contained in it are as follow:

Villages in Bali to prohibit sampradaya non-dresta Bali in Bali Province from using

Analysis of Customary Village Law Enforcement in Joint Decree (SKB) Sampradaya Non-Dresta

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and the field to carry out their activities; to observe, monitor, and evaluate the existence

of Sampradaya Non-Dresta Bali in carrying out their teachings; to keep doing

coordination with the Customary Village Council according to the level as well as with

the Prajuru, or the person in charge, in the Customary Village in observing, monitoring,

and evaluating the existence of Sampradaya Non-Dresta Bali in Bali and reporting the

result of the activities of prohibiting, observing, monitoring, and evaluating toward the

existence of Sampradaya Non-Dresta Bali in Bali to the Parisada Hindu Dharma

well as Kahyangan Jagat Temple, etc.

customary village have the task of realizing the Kasukertan Customary Village which includes

harmonious, welfare, happiness, and peacefulness in Skala (visible) and Niskala (invisible) which

regulated in Article 21 of the Local Regulation of Customary Village in Bali, as well as

implementing authority based on the right of origin and local authority on the scale of Customary

Village as stipulated on Article 23 of the Local Regulation of Customary Village, regarding the

existence of Sampradaya especially Hare Krishna, in a circumstance that they want to carry out

activities at the Temple/Parahyangan (Dhang Kahyangan or Kahyangan Jagat) or any religious

places in Territory of the Customary Village which becomes the responsibility of each pengempon,

or those people who have the responsibility to take care of the religious places, in accordance with

the local Dresta, therefore, the monitoring, supervising and evaluating towards sampradaya non-

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Hindu Dharma Indonesia according to the level of observing, monitoring and evaluating the

existence of Sampradaya Non-Dresta Bali in Bali as well as reporting the result of the activities

of prohibiting, observing, monitoring, and evaluating toward the existence of Sampradaya Non-

Dresta Bali in Bali to the Bali Province Customary Village Council with a copy to the Parisada

Hindu Dharma Indonesia of Bali Province.

The Authority Analysis of Customary Village Law Enfoecement on SKB (Joint Decree)

the state (Adiyaryani & Sudiarawan, 2021).

In order to maintain the harmonious, peacefulness, and the orderly life of Hindu religious in

Bali as well as carrying out the teaching activities of Sampradaya Non-Dresta Bali, the Customary

Village has a function to realize the Kasukerta of the Customary Village, if there is a prohibition

on the ritual activities of Sampradaya Non-Dresta Bali in Territory of the Customary Village

which is not appropriate with the Sukerta Tata Parahyangan, Awig Awig (the regulations),

Pararem (the rule for implementing awig-awig), and/or Dresta in each Customary Village, the

prohibition of Sampradaya Non-Dresta Bali in Bali carries out the activities at the

Temple/Kahyangan in Territory of the Customary Village and/or at Kahyangan Tiga of each

Customary Village, coordinating with the Pengempon of each Temples to prohibit the activities of

towards a dynamical harmony. To be more specific, this theory states that there are various sub-

systems in a group of community, in which between one sub-system and other sub-systems are

interrelated and influenced each other. The referred sub-systems are including cultural sub-system,

social sub-system, political sub-system and economical sub-system.

The Local Regulation of Customary Village in Bali, especially the Article 81 has stipulated

that the Customary Village in their government activities can carry out relations with various

parties, one of those parties is MDA or the Customary Village Council in which the

implementations are characterized by:

1) Authoritative is the relationship between the Customary Village with the various parties

that cored on the authority of the Customary Village in giving the verification and

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validation of an activity in Territory of the Customary Village is in accordance with the

Awig Awig, Pararem, and/or the policies of the Customary Village.

2) Coordinative is the Customary Village with various parties in which each parties have

their own equal position to harmonize the authority or the implementation of an activity

which is related with the interest of a Customary Village.

3) Consultative is the Customary Village with various parties conduct an activity to

exchange idea in order to achieve the best suggestions or advices to solve the problems.

awig of the local customary village, so that it cannot be said that the SKB is binding to the

Customary Village.

CONCLUSION

The Customary Village Law Enforcement in Sampradaya Non-Dresta has to implement the

Kasukertan of the Customary Village. The existence of Sampradaya Non-Dresta in territory of the

Customary Village becomes the responsibility of each Customary Village as an autonomy in

conducting the governance. Hence, the SKB cannot be said as binding to the Customary Village.

Therefore, future research are expected to delve deeper into this topic to reveal more insight

regarding how Customary Village works, whether in Bali or other villages across Indonesia.

of Indonesia’s ethnicity. Institute of Southeast Asian Studies.

Baliilu. (2020). SKB PHDI dan MDA Bali Terbit, batasi pengembanan ajaran ‘Sampradaya’ Non-

‘Dresta’ Bali di Bali. Baliilu.Com.

Gayatri, I. A. M. (2021). Gerakan masyarakat hindu menolak pengayoman ideologi dan organisasi

transnasional Sampradaya di Parisada Hindu Dharma Indonesia (PHDI). Dharmasmrti:

Jurnal Ilmu Agama Dan Kebudayaan, 21(1). https://doi.org/10.32795/ds.v21i1.1670

Horii, H. (2019). Pluralistic legal system, pluralistic human rights?: teenage pregnancy, child

marriage and legal institutions in Bali. Journal of Legal Pluralism and Unofficial Law, 51(3).

https://doi.org/10.1080/07329113.2019.1683429

Irwansyah. (2021). Penelitian hukum: Pilihan metode & praktik penulisan artikel. Mirra Buana