Abstract
This study aims to elaborate which in the long run can contribute to the policy model for the existence of the legal culture of the profit sharing agreement for the management of village-owned land in Bali. The realization is by tracing the procedures and contents of the share farming agreement on the management of customary or village-owned land in Bali, which in its use is based on the values of local wisdom and strengthens it into a legal culture. The method used is an empirical legal research method, namely legal research that analyzes and reviews existing data relating to the legal behavior of individuals or indigenous peoples in accordance with what is deemed appropriate by the rules and order of the legal value of the community concerned. The data source used is primary data, namely data obtained from direct sources in the research field, especially in the indigenous community of Bali and this research focuses on the profit sharing agreement for the management of village-owned land. Another approach to enriching information and analyzing data obtained is a comparison approach. Based on the research it can be stated that the implementation of the share farming agreement for village-owned land in general still exists in accordance with the rules of Balinese customary law through verbal meetings/agreements despite the dynamics of the procedures and contents of the agreement. This reflects that customary law as a living law is conceptualized as a legal system that is formed and originates from empirical experience that is deemed appropriate and has gained legitimacy from the customary authorities of local customs. Based on that fact, it can be concluded that the implementation of the agreement for the cultivation of customary land in Bali is built by compliance and legal awareness that is inherent and built by a positive and strong legal culture. As well as being cultivated in such a way that the aspects of legal culture appear to be well preserved in the indigenous community of Bali. Keywords : Legal Culture, Share farming Agreement, Cultivation, Village Owned Land DOI : 10.7176/JLPG/85-04 Publication date :May 31 st 2019
Highlights
The Republic of Indonesia is an agricultural country whose livelihoods are largely dependent on land
The development of the study of law and culture in which the law is considered to be the embodiment of the system of cultural values of society, the recognition of a new term of legal culture as a compound between legal and cultural variables
When linked to the value structure that is formed in indigenous communities and become a legal culture that grows to build legal awareness of indigenous peoples, this is based on the customary legal system (Otje Saman Soemadiningrat, 2011:27).When viewed in reality, the values contained in the law are different from the values that have been embedded in the lives of indigenous peoples, this is clearly seen in the research carried out, even though the production sharing agreement has been regulated in Law No.2 of 1960 but in reality the agreement for profit sharing is not stated in written/oral form
Summary
The Republic of Indonesia is an agricultural country whose livelihoods are largely dependent on land. Because humans and land have a very close relationship. There are two things that cause the land to have a very important position in customary law, namely because of the "nature" and "facts" of the land itself. When viewed from its nature, the land is the only asset, regardless of its circumstances, it remains as it is in its original state, not even infrequently because certain natural events of the land provide better benefits than the original condition. When viewed from the facts, land is a place to live and provide life and a place for the members of the community to be buried later after death
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