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9 Indon. L. Rev. 296 (2019)
Bali Mawacara: Is a Quasi-Common Law System Developing in Balinese Customary Law?

handle is hein.journals/indolawrev9 and id is 332 raw text is: Indonesia Law Review (2019) 3: 296 - 308 ISSN: 2088-8430 | e-ISSN: 2356-2129 BALI MAWACARA: IS A QUASI-COMMON LAW SYSTEM DEVELOPING IN BALINESE CUSTOMARY LAW? Danial Kelly*, Wayan P Windia** *School of Law, Charles Darwin University, ** Fakultas Hukum, Universitas Udayana Article Info Received: 4 November 2019 | Received in revised form: 10 January 2020 | Accepted: 17 January 2020 Corresponding author's e-mail: danial.kelly@cdu.edu.au; windiapendet@yahoo.com Abstract Internationally renowned as a tourist destination, the Indonesian Island of Bali displays a rich and colorful culture which has served as one of the many explanation for its global reach. Its primarily Hindu population is visibly seen through a rather invisible disposition that perpetuates itself through the Balinese customary legal system which influences daily life. 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 offlux. This article will examine the foundational sources and purposes ofauthority in the Balinese customary law system and analyze the pressures of change upon that system. It will be argued that an embryonic quasi-common law system is developing within the opus ofBalinese customary law system due to the recent formation ofthe Majelis Utama Desa Pakraman (Pakraman Primary Village Council) and the Bali Mawacara jurisprudence. Keywords: Bali, customary law, Bali mawacara, Majelis Utama Desa Pakraman I. INTRODUCTION 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 seeks several factors, namely law-making practices in Bali that were implemented before the emergence of the Council, forging out to the justification of how the Council was established. Furthermore, 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. II. INITIAL CUSTOMARY LAW-MAKING PRACTICES IN BALI BEFORE THE EMER- GENCE OF THE PAKRAMAN PRIMARY VILLAGE COUNCIL Bali's context of customary law is greatly interlaces within the province's rooted principles in the Hindu religion. This form of Balinese Hinduism formulates the worldview of the population, bringing forward the need for law, especially the necessity of Balinese customary law that can regulate the behavior of the community. Indic culture and the Hindu religion have greatly navigated life within the island for well over a millennia. 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/10.15742/ilrev.v9n3.587

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