KONSTRUKSI PENGAWASAN PERATURAN DESA ADAT SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA (STUDI AWIG-AWIG DESA PAKRAMAN DI PROVINSI BALI)

Abstract

This research was conducted with the background that Law Number 6 of 2014 years on The Village and its implementing regulations govern supervision mechanism of Village Regulations/Customary Village Regulations set forth in the Act pose problems when applied in supervision the Awig-awig of Pakraman Village between others: (1) Type of Village is divided into two, namely Office Village and Pakraman Village where both types of Villages have different characteristics. (2) The application of the law as a positive law is contrary to customary law which is valid of Pakraman Village. (3) The Office Village has a hierarchical relationship with Government, Local Government, and Districts, whereas Pakraman Village is autonomous so that Pakraman Village of Prajuru can create, establish, and approve Awig-awig after being agreed by Pakraman Village of Krama through Paruman as a regulation in order to organize and manage the Pakraman Village of Krama life in the field of religion, social, and culture. (4) It should be understood that Law Number 6 of 2014 years on the Village and its implementing regulations governs the supervision mechanisms of Village Regulations/Customary Villages Regulations consisting of evaluation of Village Regulations/Customary Villages Regulations and clarification of Village Regulations/Customary Villages Regulations that have been endorsed by the Village Head along with Agency Parliament Village (BPD) in the form of APB Village, levy, spatial, and organization of Village Government/Customary Village. While in Pakraman Village, the Awig-awig Plans of Pakraman Village are not supervised through evaluation mechanisms by the Regent/Mayor. Similarly Awig-awig Desa Pakraman that has been established and endorsed by Pakraman Village of Prajuru not supervised through clarification but only registered in the Office of Regent/Mayor and applies in the Pakraman Village so the Law Number 6 of 2014 years on the Village and its implementing regulations shall not be applicable in the supervision of Awig-awig. Therefore, The problems formulated in this research include: (1) What are the characteristics of Customary Village arranged in the Law Number 6 of 2014 years on The Village different from the characteristics of Pakraman Village in Bali Province so that supervision the Awig-awig as a Pakraman Village Regulations can not be done? (2) How the consequences if The Law Number 6 of 2014 years on the Village and its implementing regulations enacted in supervision the Awig-awig of Pakraman Village? (3) How the ideal construction of supervision Awig-awig Pakraman Village? The structure of research used include: The point of view is This research is in the category of qualitative research. The type of legal research is socio legal. Paradigm used of constructivism. The approach method is sociology of law and anthropology of law. The research results showed that characteristics of Customary Village arranged in Law Number 6 of 2014 years on The Village different with the characteristics of Pakraman Village in Bali Province. This difference can be seen in the following aspects: legal basis, village form, governmental style, authority, legal product, democracy, property, and revenue. The resulting consequences if the Law Number 6 of 2014 years on The Village and its implementing regulations enacted in supervision the Awig-awig of Pakraman Village covers: philosophically, juridically, socially, and culture. The ideal construction of supervision of Awig-awig Pakraman Village is done directly by the Pakraman Village of Krama because they are better understanding the characteristics of Pakraman Villages life in terms of customs/traditions and customary law. Keywords : Construction Supervision, Customary Village Regulations, The Law Number 6 of 2014 years on The Village, Awig-awig Pakraman Village of Bali Province.