SANKSI ADAT TERHADAP PARA PELAKU PENCABUTAN PENJOR DI WILAYAH TARO TEGALLALANG KABUPATEN GIANYAR

Abstract

This study is motivated by a customary law violation involving the removal of apenjor in Taro Traditional Village, Tegallalang, which triggered tensions betweencustomary law and national law. The objective of this research is to examine theapplication of customary sanctions against perpetrators of such violations and toanalyze the preventive measures taken by Taro Traditional Village to avoid therecurrence of similar incidents. The research employs a normative juridical approach combined with empirical legal research, focusing on the implementationof positive legal norms within the community. Data were collected throughliterature review and field interviews. The findings reveal that the seven traditionalofficials (prajuru) of Taro Kelod who were implicated in the penjor removal werenot subjected to customary sanctions, as the victim was under an existing customarysanction of kasepekang (social exclusion). However, they were convicted undernational law and sentenced to eight months of imprisonment for committing acriminal offense of religious blasphemy, in accordance with Article 156a inconjunction with Article 55 paragraph (1) point 1 of the Indonesian Criminal Code(KUHP). Preventive efforts include maximizing the role of traditional authoritiessuch as the bendesa adat, prajuru desa, and wali desa to enhance supervision andcoordination. The traditional village has also sought to strengthen its awig-awig(customary law) by incorporating specific pararem (customary bylaws) regulatingviolations such as the removal of penjor or other religious ceremonial objects,while fostering a correlation between customary and national legal systems andraising legal awareness among the community. Repressive measures involvesharpening sanctions through a review of the awig-awig in customary councilmeetings (paruman adat) and urging greater caution among traditional authoritiesbefore taking actions that may constitute violations. In cases of similar violations,customary adjudication may be pursued through paruman adat. The studyconcludes that although customary law remains the primary reference within thetraditional community, a harmonious integration between customary and nationallaw is essential to uphold order, justice, and the preservation of cultural values insociety.