UTILIZATION OF INDIGENOUS LAND IN BALI IN LAW CULTURE PERSPECTIVE

UTILIZATION OF INDIGENOUS LAND IN BALI

IN LAW CULTURE PERSPECTIVE

By :

I Gusti Ngurah Dharma Laksana

The cultural value system contains basic values ​​related to the background of people's lives. Socio-religious characteristics in customary law inspire the legal culture of the community that can be relied upon to carry out legal provisions with compliance to safeguard what indigenous peoples have as their communal wealth. Values, customs, and customary law as a cultural value system of a legal community alliance function to organize and control the behavior of community members and relationships, in order to achieve the goal of living together, namely public order and order. This is the legal culture of the people, and it is important that we see it in the current dynamic development of traditional Balinese lands.

Both directly and indirectly in the era of globalization with a variety of contents is very influential on the existence of customary land in Bali, especially an assessment of the importance of land and its economic function in supporting people's lives. This certainly has a major influence on strategic land, including customary land, which is not impossible to change functions and can even switch ownership from communal to individuals and various other problems that have the potential to eliminate the identity of customary land itself.

Historically, indigenous peoples as a socio-religious community are bound by the value of togetherness and united by the territory where the community members reside and provide livelihoods for them, and is a place to bury the community members who die. Customary land as well as the nature and facts have a very important function and are attached together with the existence of community alliance (the right to control, use and collect the results of the land). Juridically, customary land received recognition in the 1945 Constitution of Article 18 B Paragraph 2, UUPA of 1960, and Regional Regulation No.4 of 2019 concerning Customary Villages in Bali. In Bali for people who get the rights (control and use) of customary land is governed by the provisions of customary law and burdened with obligations (ayahan).

The conversion of land functions cannot easily be prevented mainly on private land ownership, but the same phenomenon of customary land also occurs, even though it is still in the control of the adat village. However, this reality then builds hope that the preservation of the land of Bali in general in traditional village community organizations through its original authority with autonomy that can regulate their own households. Besides the existing authority, for example in formulating rules themselves through awig-awig, the culture of community obedience law, the implementation becomes the main key in realizing the ideal goals of customary law.

Utilization of customary land in Bali that should be according to the rules of Balinese customary law is how its allotment for indigenous peoples is maintained by promoting socioreligious values ​​and harmonizing living together. Although still in the management of traditional villages, Balinese customary land has moved towards change with a number of phenomena, at least there has been a doubling or shift due to tourism activities so that many have utilized land including customary land for tourism facilities. The problematic thing that has become controversial in land matters is the concept of economic function and social function of the land which is the basis of excessive land use. One source of the problem is the construction of tourism facilities, resulting in so high economic value of the land. The emergence of tourism facility buildings on PKd land (village reef), AyDs land (village sahan) Tanah Laba Pura identified that there has been a change of function of customary land, from the social-religious function which was dominant to the more dominant economic function. Many customary lands are used by villagers / villagers to build tourism facilities for the economic benefit of the community members privately, it is not impossible that buying and selling lands owned by customary villages, in fact in many cases there will be a lot of buying and selling of village plots.

The legal culture of indigenous peoples in the use of customary land if examined closely looks at the fundamental changes that occur over the function of land. Utilization of customary land according to Balinese customary law as its designation for indigenous people is maintained by promoting socioreligious values ​​and harmonizing living together. Transfer of functions does occur but not with ownership status that switches. This means that in the legal culture of customary land use there is compliance to continue to respect land in accordance with the individual and communal aspects of land in relation to social dynamics that occur, for example aspects of development, tourism which is also accompanied by changes in the function of land. Thus the legal culture of indigenous and tribal peoples is well preserved by promoting the values ​​of togetherness, also respecting individual rights in accordance with the dynamics of land development today, but the transfer of functions remains in accordance with the mutual agreement by the indigenous communities by maintaining retention obligations.

Based on the phenomenon of traditional Balinese land which is commonly known as the village Druwe land. So it is important internally there is awareness in the form of adherence to the values ​​of local wisdom that has been protecting indigenous peoples and traditional rights if they do not want their identity to be lost.