Abstract

Seeing the development of the phenomenon of traditional villages that are harmoniously growing and existing from time to time is important to strengthen the existence of traditional villages, especially in Bali. one of the efforts made is by establishing the Regional Regulation of the Province of Bali No. 4 of 2019 concerning Traditional Villages in Bali. This regulation gives autonomy to traditional villages in Bali on a legal, formal, conceptual and juridical basis. The autonomy of the customary village in question is to organize customary justice and resolve customary cases/disputes in its territory through the Kerta Desa institution. The institution is then authorized to issue a decision, namely Pararem Panepas Wicara. However, a normative problem arises, where in the provisions of Articles 18 and 19 of the Village Customary Regulation which specifically regulate Pararem do not provide a detailed explanation regarding its legal force. So it is deemed necessary to study this issue further and in depth. The method used in this paper is a normative juridical research method. The results of this study are that juridical consequences will arise if the decision does not have strong legal force, then the parties will not comply with or implement the Panepas Wicara Pararem decision. Even though the Perda has been mandated to ratify and record the Pararem Panepas Wicara. It is felt that this has not provided legitimacy with strong legal force. It would be wiser if the phrase "force of law" was stated explicitly in Article 18 and/or 19 Perda Desa Adat which regulates Pararem, especially Pararem Panepas Wicara so that it can provide legal certainty and benefits for the parties to the dispute and also the Krama Desa concerned.