Abstract
The Indonesian island of Bali is internationally renowned as a popular tourist destination. Tourists from around the world have been attracted to Bali’s rich and colourful displays of culture and its friendly people for many decades. Intertwined with the predominately Hindu culture that is so readily visible is the invisible customary legal system of Bali that regulates much of the daily life of the Balinese. This autochthonous legal system exists in plurality with the Indonesian state legal system. As with all legal systems, the Balinese customary law system is in a state of flux. This article will examine the foundational sources and purposes of authority in the Balinese customary law system and analyse the pressures of change upon that system. It will be argued that an embryonic quasi-common law system is developing in the Balinese customary law system due to the recent formation of the Majelis Utama Desa Pakraman and the Bali mawacara jurisprudence.
Highlights
This article examines traditional customary law-making practices in Bali, analyzing the impact of contemporary pressures faced that would change the system
In all of that time there has never been any form of institutional hierarchy nor jurisprudential device that has exerted a unifying force on Balinese customary law
Given the recent legislative recognition of Bali mawacara as one of the foundations for developing customary law in Bali, it is timely and appropriate to consider how Bali mawacara itself should be developed in the near future
Summary
This article examines traditional customary law-making practices in Bali, analyzing the impact of contemporary pressures faced that would change the system. Such changes deeply effected the Majelis Utama Desa Pakraman (Pakraman Primary Village Council) and the jurisprudence of Bali Mawacara. The article develops a greater depth as to how the Council and the Bali Mawacara Jurisprudence influence customary law-making practices in Bali today. Bridging from this narrative, the article offers practical and philosophical suggestions to continue research within this area. Bali’s context of customary law is greatly interlaces within the province’s rooted principles in the Hindu religion. The Balinese political elite sought closer associations with India in order to strengthen their domestic and foreign affairs, underlining the DOI : http://dx.doi.org/1V0o.l1u5m7e492/Niluremvb.ve9rn33,.5Se8p7tember - December 2019 ~ INDONESIA Law Review
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