Untangling Sad Kerthi as a Legal Concept of Self Determination for Balinese Indigenous People

Abstract

This study aims to deploy the historical and cultural aspects of sad kerthi as a legal terminology that is part of the traditional knowledge of indigenous people in Bali, one of the culturally richest provinces of Indonesia. The recognition and respect for indigenous communities have been a significant topic since the enactment of article 18b, paragraph (2) under the 4th amendment of the Constitution. The provision set a foundation to the flourishment of legislations and regulations that empower indigenous communities to exercise self-governance in their social matters within the framework of the contemporary globalised society. By utilising socio-legal research methods, namely the statute approach and legal facts, this research reveals that the self-determination of indigenous peoples in Indonesia is significantly hindered by the absence of explicit legal norms and definitions that uphold their existence. However, not all indigenous peoples in Indonesia face this problem. In the context of Bali, traditional knowledge has been recognised as a part of the national legal system through the enactment of Law Number 15 Year 2023. This law is further being translated into several local regulations that allow Balinese to preserve their social structures and self-determination in everyday activities. Based on legal evidence collected from three different types of customary villages in Bali, namely Baliaga, Apanage, and Anyar, it can be concluded that the indigenous communities in each of these traditional villages are autonomous and enjoy specific privileges that have been maintained since the time of their ancestors.

Keywords

• Bali
• Indigenous people
• Local wisdom
• Self-determination
• Traditional knowledge