Arrangement of customary law community into customary village is an interesting discourse. As a matter of fact, the customary law community has not been fairly protected by the state, or pseudo-recognition.
The customary law community consequently remains in a weak position. The birth of Law No.6 Year 2014 on Villages gives hopes on the enhancement of legal status for such community.
Mulyanto, S.H., M.Hum in his doctoral promotion at Faculty of Law UGM on Tuesday (10/4) observes this issue particularly of the Bali province in the legal politics perspective.
Mulyanto said Law No.6/2014 has weaknesses conceptually, because it requires the selection of one type of village, integrated village model.
In fact, the social reality of the Balinese prefers co-existence model without negating one of the villages. Because customary village (Desa Pakraman) and Desa Dinas can live together, complementing each other.
As such, according to Mulyanto, it needs a basic reconstruction of the legal politics of customary legal community into customary village. By changing integrated village model into co-existence model, Desa Pakraman and Desa Adat can live together based on their own functions whilst complementing each other.
Meanwhile, enhancement of customary legal community can be done by state legal policy through arranging customary legal community into customary village by giving community autonomy (catur praja). The autonomy includes authorities to devise the law (zelfwetgeving), law implementation (zelfluitvoering), justice authority (zelfrechtspraak), and authority to do policing (zelfpolitie) in the Unitary State of the Republic of Indonesia.
"Legal politics of arrangement of customary legal community into customary village should use realistic requirement so a customary legal community unity can be achieved,” said the lecturer of Faculty of Law of Universitas Sebelas Maret (UNS) Solo.
Mulyanto further commented implementation of Article 6 of Law No. 6/2014 that requires the selection of one type of village. With legal politics paradigm of integrated model, this should be re-consulted whilst asking for direction from the central government. In Bali province, legal politics paradigm of co-existence is more suitable to the plurality of customary village so that it strengthens the existence of customary legal community of Desa Pakraman in Bali.