DENPASAR, Bali — As Indonesia prepares to implement a new national Criminal Code (KUHP) in January 2026, Bali’s Governor, I Wayan Koster, has highlighted a unique reality on the island: its traditional villages, or Desa Adat, have long operated with what he describes as a comprehensive and effective legal system that mirrors modern judicial principles.
Speaking at a memorandum of understanding signing between the Bali High Prosecutor’s Office and the Provincial Government on Wednesday, Governor Koster framed Bali’s customary law not as a relic, but as a fully functioning parallel system. “Desa Adat in Bali have awig-awig, which is akin to a law, and perarem, or regulations below that, similar to government decrees,” Koster stated. “These are implemented very effectively by the Desa Adat.”
His comments underscore a significant cultural confidence as Bali navigates the transition from a colonial-era penal code to a new national framework that explicitly incorporates local wisdom.
A Pre-Modern “Trias Politica” in Action
Governor Koster elaborated that Balinese customary governance has historically embodied a form of separation of powers. Each Desa Adat has its Prajuru (the executive body), the Sabha Desa (a legislative council), and the Kertha Desa, which serves as the judiciary. “It is within the Kertha Desa that the legal system operates, known as customary law,” he explained.
This system dispenses a range of penalties for transgressions, emphasizing social sanction over incarceration. Punishments can include mandatory community service (kerja bakti) or symbolic acts of public accountability, such as walking through the village displaying a sign describing one’s offense.
“These methods are quite potent in creating a deterrent effect,” Koster noted, adding that the majority of Balinese people deeply respect Dresta, or traditional regulations, which vary from village to village.
Critics, however, have long noted that the application and severity of customary sanctions can vary widely between villages, raising questions about consistency and oversight. “We have a system of local wisdom that has been practiced since the era of the kingdoms. If it can continue to be applied alongside state law, it could certainly reduce the number of people entering prison.”
A National Shift Toward Localized Justice
The new national KUHP, ratified in 2023, is designed to replace the Dutch colonial code and formally integrate Indonesian values. A key official present at the event, Undang Mugapol, Secretary for General Crimes at the Bali High Prosecutor’s Office, emphasized its importance. “The National Criminal Code has abandoned colonial values and adopted the values of Indonesia’s local wisdom,” he said.
The code introduces new types of sentences, including social service penalties, supervised probation, and additional sanctions based on customary law. “Imprisonment will no longer be the primary instrument going forward,” Mugapol stated. “It will become an ultimum remedium, or a last resort.”
Chatarina Muliana, Head of the Bali High Prosecutor’s Office, added that social service penalties offer offenders a chance to atone for their mistakes while benefiting the community and reducing the burden of purely punitive sentences. However, she clarified that such alternatives would not apply to severe crimes like corruption.
For Bali’s Global Community: A Living Legal Culture
For Bali’s international residents and visitors, this development offers a rare window into the sophisticated social contract that underpins the island’s famed cultural resilience. It reveals a society where legal authority is decentralized and deeply intertwined with social cohesion and spiritual harmony, principles like Tri Hita Karana.
The impending national law change does not seek to overwrite this system but, in theory, to create a formal bridge between the state and the village. The success of this integration will be a critical test, determining whether a modern nation-state can truly accommodate a living, ancient jurisprudence—rather than merely celebrating it from a distance.
Hey Bali News provides in-depth reporting on the intersection of Balinese culture, governance, and policy for the island’s global community.
