THE CONCEPT OF SEKALA NISKALA IN CREDIT AGREEMENTS AT LABDA PACINGKREMAN DESA BALI TRADITIONAL VILLAGE

Abstract

Indigenous Balinese people strive to achieve the ideals of life, namely physical and spiritual well-being (Mokshartam Jagadhita) by means of virtue (dharma). One of the common efforts is to enter into a credit agreement. Credit agreements based on dharma can be made at LPD Bali, a traditional community financial institution, making a credit agreement by harmonizing Balinese customary law and positive law. The harmonization of the two results in a credit agreement that has legal implications, namely applying tri-danda sanctions in resolving disputes that occur later. This study aims to know and understand the concept of a credit agreement based on the dharma. This study uses an anthropological approach that focuses on the philosophy and concepts of sekala niskala law in credit agreements at LPD Bali. Data were obtained through interviews, direct observation, and document studies. Interviews were conducted with prajuru (customary village leaders), LPD administrators, and traditional village communities. Research shows that LPD has and implements the practice of credit agreements with the glocation mechanism, on the one hand following the provisions of the Civil Code and on the other hand incorporating sekala niskala legal concepts according to Hindu teachings adopted by the Balinese indigenous people.

Keywords

• agreement
• sekala niskala concept
• balinese customary law
• tri danda