The Essence of Pamidanda (Customary Sanctions) In Balinese Customary Law

Abstract

The purpose of this study is to examine the nature of pamidanda (customary sanctions) in Balinese customary law. According to Balinese customary law, the adat village as a unit of customary law community has original autonomy, namely the right or power to regulate and manage its own household. Based on this autonomy right, the customary village has the power to settle customary cases and impose pamidanda on its citizens who violate customary law. Lately, there has often been polemic in the community regarding the implementation of pamidanda, especially for the implementation of heavy pamidanda, such as pamidanda kasepekang (excommunicated) and kanorayang (dismissed as members of a traditional village), hence it is important to study the nature of pamidanda in order to understand the meaning and purpose of this pamidanda. The method used in this research is a normative legal research method, with a statutory approach and a conceptual approach. The results of the study show that the nature of pamidanda in Balinese customary law is a form of effort to restore the balance of the relationship between the elements of Tri Hita Karana (human-God-nature) which is disrupted as a result of violations of customary law. The purpose is to create a sekala-niskala kasukertan, namely an orderly, peaceful, peaceful, prosperous and happy atmosphere in the life of indigenous peoples, both physically and spiritually.