KASEPEKANG SALAH SATU HUKUM DI BALI YANG MASIH DIPERMASALAHKAN

Abstract

The traditional villages (desa adat) in Bali, as regulated by Bali Provincial Regulation Number 4 of 2019, operate under a uniform system of governance. These villages manage customary and religious affairs, with each desa adat establishing its own customary rules, documented in the awig-awig (customary law) of the village. Desa adat governance is autonomous, meaning that each village has its own set of rules that apply solely to the residents of that specific village or banjar. These awig-awig contain a series of sanctions for violators, ranging from warnings, advice, and fines to minor customary penalties. More severe customary sanctions include increased fines or confiscation of property. One of the most feared sanctions is "kasepekang." Kasepekang, a form of social punishment in Bali, is imposed on members of the traditional community who break the rules set out in the awig-awig. Terminologically, kasepekang refers to ostracism, where the individual is socially isolated, not spoken to, and excluded from community activities. This article explores the differences in the application of kasepekang from the past to the present, noting that it is often misunderstood and misused. Kasepekang is intended to be a last resort after other minor sanctions have failed. Its proper implementation must follow clearly defined steps, involving the judgment of traditional elders and village officials to ensure justice. Additionally, this article examines the social impact of kasepekang, both on the individual and the community, noting that it can lead to social isolation and disrupt village harmony. The aim of this article is to promote a better understanding of kasepekang and dispel common misconceptions surrounding its use in contemporary society