Abstract

This article discusses Ngelinggihang Dewa Hyang ceremony in Gianyar Regency which is different from the traditions in other regions in Bali. This tradition originates from Hindu law but is implemented differently by each customary village. This study aims to assess the position of Hindu law in Indonesian legislation, discuss Hindu law as the basis for implementing Ngelinggihang Dewa Hyang ceremony, identify the autonomy of customary village in Ngelinggihang Dewa Hyang process, and reveal the public perceptions of this ceremony in Jero Kuta Customary Village, Batubulan Village, Sukawati District, Gianyar Regency. This paper is a socio-religious research that is combined with a legal research. The research suggested that Hindu law does not have an explicit position in national law, but is used as the guideline for Balinese customary law. Sources of Hindu law used in this ceremony are Lontar Purwa Bhumi Kamulan and Manawa Dharmasastra that have been derivated into customary law. The autonomy of the customary village in the process of Ngelinggihang Dewa Hyang can be seen from the dresta (customary law) adopted by the villagers of Jero Kuta Customary Village who carry out this procession on a different day from other rituals. The public perception of this ceremony can be seen from the interaction in family and community scope. It has been revealed that the society does not fully understand the meaning of this religious procession due to the following factors; differences in community understanding of the existence of the Ngelinggihang Dewa Hyang ceremony; ignorance of the community, education Level, and the development of globalization in people's life.

Highlights

  • The legal research is used to add the legal aspects related to the position of Hindu Law in Indonesia, primarily in the region of Bali, and the legality of the customary village in Bali to create and adopt customary law that is inspired by Hindu teachings

  • Hindu law does not have an explicit position in national law, but is used as the guideline for Balinese customary law

  • Hindu law establishes an obligation on humans to carry out responsibilities to their ancestors through the holding of the Ngaben ceremony along with a series of other ceremonies

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Summary

Introduction

Indonesia is a very pluralistic country from all aspects (ethnicity, race, group, and religion). The state and law paradigm have shifted from centralization into decentralization as reflected in the Amendment to the 1945 Constitution of the Republic of Indonesia (hereinafter, Indonesian Constitution) regarding the recognition of customary communities along with their traditional rights.[1] The **. Ius Quia Iustum 15, no.[3] (2008): 338-35). Recognition of indigenous people has existed since the independence of the Republic of Indonesia. See Luh Putu Yeyen Karista Putri, and Eric Gordon Withnall, “Protecting the Village Credit Institution: Should Traditional

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