EKSISTENSI OTONOMI DESA PAKRAMAN DALAM PERSPEKTIF PLURALISME HUKUM
Abstract: The purpose of this
research is to discover the existence of autonomy of Desa Pakraman in legal
pluralism perspective. Related with that purpose, there are two issues that
will be discussed, first, how does the existence of the autonomy of Desa
Pakraman in Indonesia’s legal system?,Second, how does the existence of the
autonomy of Desa Pakraman in legal pluralism perspective?. The research method
is normative legal research using statue approach, concept approach and
analytical approach and law analysis by using legal interpretation. Based on
the problems, the results of discussion are : first, the existence of the
autonomy of Desa Pakraman within the Indonesia’s legal system has regulated in
the 1945 Constitution of the Republic of Indonesia, national and local
Regulations. In the Constitution, specifically Article 18 B of paragraph (2),
declare that the states recognizes Desa Pakraman and their traditional rights.
In regulation of Law No.5 of 1960 concerning basic Agrarian Law (UUPA),
regulation of Human Rights, and regulation of Desa (Village) are clearly
recognize Desa Pakraman as traditional institution has traditional rights, one
of it is the autonomy of Desa Pakraman. At the local regulation, autonomy Desa
Pakraman has regulated in Local Regulation about Desa Pakraman. Second, that
existence of autonomy Desa Pakraman in perspective legal pluralism is that the
existence autonomy Desa Pakraman is a weak legal pluralism. In perspective weak
legal pluralism the state law as a superior and the customary law as an
inferior, its position in the hierarchy under State law. As a theory, the
semi-autonomous social field from Sally Falk Moore perspectives that Desa
Pakraman is semi-autonomous. Desa Pakraman has capacity to hold their village
based on the customary law and outomaticly Desa Pakraman to be in framework of
state law.
Penulis: Anak Agung Istri Ari
Atu Dewi
Kode Jurnal: jphukumdd140366
