THE ORIGINS OF DESA ADAT (CUSTOMARY VILLAGES): INITIAL UNDERSTANDING AND CONSEPTUAL REGULATION OF DESA ADAT IN BALI

The Use of Desa Adat (customaty village) and Desa Pakraman as a term.

The practice of legislation in Bali does not always use the term Desa Adat, but has also used the term Desa pakraman. Since 1986 until now (2020) there are three Regional Legislation of the Bali Province governing desa adat, and the third is in force. From the title of the Regional Regulation, the choice of terms has been seen. The three regional regulations are:

1.      Regional Legislation of  Level I  Region of Bali Province Number 06 of 1986 concerning Position, Function and Role of Desa Adat as the Unity of Customary Law Communities in Level I Region of Bali Province (hereinafter referred to as Bali Legislation 6/1986).

2.      Regional Legislation of Level I Region of Bali Province Number 06 of 1986 concerning Position, Function and Role of Indigenous Villages as the Unity of Customary Law Communities in of Level I Region of Bali Province (hereinafter referred to as Bali Legislation 6/1986).

3.      Bali Province Regional Legislation No. 3/2001 concerning Desa Pakraman as amended by Bali Provincial Legislation No. 3/2003 concerning Amendment to Bali Provincial Legislation No. 3/2001 concerning Desa pakraman (hereinafter referred to as Bali Legislation 3/2001).

4.      Bali Province Regional Legislation Number 4 of 2019 concerning Desa Adat in Bali (hereinafter referred to as Bali Legislation 4/2019).

The replacement of the term "Desa Adat" to "Desa Pakraman" on the grounds that the term "pakraman" has been used since the existence of a village in Bali (General Explanation of Bali Legislationn 3/2001). The replacement of the term "Desa Pakraman" again to "Desa Adat" was not found in the Bali Regional Legislation 4/2019. Former of this legislation states that customary law community units in Bali are called Desa Adat, Desa Pakraman, karaman, thani, banwa, or other names in accordance with the inheritance received by Desa Adat (General Explanation of Bali Legislation 4/2019). However, the reason for choosing the term Desa Adat among other terms is not found. The presumption is that the term "adat" is more commonly used in the practice of legislation than the term "pakraman", for example.

This treatise discusses the origins of desa adat, both in terms of etymology and terminology as well as in terms of desa adat institutions. This is important to do because a rule of law is formed from concepts and to understand a rule of law can be done with a conceptual approach. A conceptual approach is taken when the researcher does not depart from the existing rule of law. This was done because there were no or no legal rules for the problems faced (Marzuki 2005: 137). The conceptual approach in this treatise is used to understand the perspective of a concept, which is likely not all perspectives about the concept are revealed, so that they can better understand a rule of law. The concept approach taken is the desa adat concept approach, especially the adat concept which has been seen as derived from the Arabic word, which is adah which means habit.

The definition of Desa Adat. Regarding the term "desa (village)", said H. Ateng Syafrudin and Suprin Na'a (2010) etymologically derived from the Sanskrit word "swadesi" which means an autonomous, autonomous region, place or section. Sutardjo Kartohadikoesoemo (1984) stated the words "desa", "dusun (hamlet)", "desi", as well as the words "negara", "negeri", "negari", "nagari”, "negory" originally from the Sanskrit words which means homeland, original land, land of birth.

Regarding the term "Adat". Desa Adat is the bearer of Hukum Adat (Customary Law). Hukum Adat grows and develops in the Desa Adat. The phrase "desa adat" in literature is commonly referred to as coming from Arabic, as can be traced in the literature. H. Hilman Hadikusuma (2003) put forward the term "Desa Adat" derived from Arabic words, namely "Huk'm" which means an order or provision and "Adah" means habit, which is the behavior of the community that always occurs.

Opinion that the word "adat" comes from Arabic is not the only opinion. M. Rasjid Manggis Dt. Radjo Panghoeloe (1982) suggests the word "Adat" is older than "adat". Adat is a Sanskrit language formed from "a" and "dato". "A" means no, "dato" means something material. "Adat" is essentially anything that is immaterial. Next stated that:

1.      The meaning of Adat developed into participating in organizing society, as he put it, “In the past when initial community began it was Adat for spiritual perfection. Then at the following level, Adat participates in organizing the community ”.

2.      As a result of the social unrest centered on economic and political conflicts, then Adat developed into regulating the material world.

So, "Adat" in the above mentioned meaning to regulate the community or contain rules to regulate the community, which initially regulates something that is immaterial then becomes regulating the material nature.

H. Moh. Koesnoe (1992) also doubted that the term Desa Adat was taken from Arabic. According to him, the term Adat derived from Arabic is abstract, but in this society the term is better known than any other term which is about the actual form of Adat, namely urf. The term urf is less popular in society compared to the term "adat" because it is brought about by historical circumstances that the term "adat" has a predecessor in the Hindu period, the term "adhi" which comes from Sanskrit which means "from a time that is no longer remembered". Based on this, H. Moh. Koesnoe doubted that the term hukkum adat (customary law) came from Arabic.

It is also necessary to pay attention to the establishment of R. Van Dijk (2006), that the word "adat" is a term quoted from Arabic, but has been accepted in all languages ​​in Indonesia. At first the term meant "habit" and then the meaning developed into all Indonesian morals and habits in all fields of life, so also all regulations regarding behavior of any kind, according to which Indonesians used to behave (R. Van Dijk 2006).

Thus etymologically, Desa Adat means an autonomous region that regulates its citizens, immaterially and materially and based on customs and based on decency.

The emergence of a Desa Adat. The term desa (village) in Bali contains 2 (two) meanings, namely: (1) the unity of the area where the population together on joint responsibility (village manners) performs worship, with a view to maintaining the sanctity of the village land, as well as maintaining the temple in a village. In this case it is called a desa adat, and (2) one government territory. This village is called the desa dinas (administrative village) (Raka 1955: 19). This treatise focuses on traditional villages.

Initially the word "desa" (village) was used to designate a desa adat. This was revealed in the Explanation of the 1945 Constitution (before the amendment), that in the territory of the Indonesian State there were approximately 250 "Zelfbesturende landschappen" and "Volksgemeenschappen", such as villages in Java and Bali. In its development, the word "desa" is used to designate an administrative village or in Bali commonly called an desa adat.

The "desa adat" institution appears in accordance with the emergence of desa adat as an object of study in Dutch educational institutions. Desa Adat in Bali is a form of villages that are free from outside pressure or superiors. Then the Dutch formulated another village concept, using the former officer namely Perbekel. This is called Desa Dinas, a village model specifically formed to serve interests, official duties (from the Dutch word: diens), side by side with desa adat described as native villages (Parimartha 2013).

Article 18 of the 1945 Constitution prior to the amendment and the explanation states that special regions include zelfbesturende landschappen and volkgemeenschappen. Examples of volkgemeenschappen such as villages in Java and Bali, negari in Minangkabau, dusun and marga in Palembang and so on. In the 1945 Constitution, the term "special regional government units" is used in Article 18B paragraph (1) replacing the term zelfbesturende landschappen and in Article 18B paragraph (2) the term "local customary community units" is used instead of the term volkgemeenschappen . Examples of indigenous peoples such as villages in Bali, which in Bali are now called desa adat  and nagari in West Sumatra and so on.

Meaning of Desa Adat. Based on the description above, the naming of "Desa Adat" as the name of the Regional Legislation of Bali Province Number 4 of 2019 is not only understood in the conceptual framework that has been built so far, namely the word "adat" in the term "desa adat" is derived from the Arabic word, that is, which means habit. However, it can also be understood that both the word "desa" and the word "adat" come from Sanskrit. Desa means an autonomous region, whereas the word "adat" means immaterial, then its meaning develops to regulate the community, which is neither material nor immaterial.

Moving on from the above frame of thinking, etymologically the desa adat means an autonomous region, which regulates the community both on aspects that are immaterial and material and based on customs and decency. The meaning of desa adat which emphasizes more on their elements can be seen in Article 1 number 8 of the Bali Regional Regulation 4/2019: "Desa Adat  is a customary law community unit in Bali that has territory, position, original arrangement, traditional rights, own assets, traditions, social life rules for generations, inherited from a sacred place (kahyangan tiga or kahyangan desa), duties and the authority and right to regulate and manage their own households."

Based on this understanding, it appears that the elements of customary law community unit, namely owning territories, traditional governance (original arrangement and traditional rights), and own assets. In addition there are elements that are typical of desa adat in Bali, namely the existence of ties to the holy place ((kahyangan tiga or kahyangan desa), including the Desa Temple, Puseh Temple, and Dalem Temple. If the rejection of a regional legislation because the word "adat" comes from Arabic, the reason is not right.