Human Right and Conflict of Custom in Bali (The Case of “Caste Status” Change Caused Kesepakang in Bungaya Traditional Village of Karangasem)

Abstract

The State is responsible for protecting human rights of various aspects of life. Bali with its values of local wisdom cannot be avoided from conflicts which at the beginning was an individual conflict of Balinese with traditional village leading to violations against human rights.This article studies the human rights and custom conflicts in Bali (the case "caste status” change resulted in Kesepekang in Bungaya Traditional Village of Karangasem). This study focuses on two main points, namely, (1) finding human right instruments underlying the behavior of people in Bungaya Village, (2) what are the responsibilities of Bungaya Traditional Village to residents changing their caste status in the Traditional Village related to the enforcement of human rights?This study uses socio-legal research in combination with research methods of cultural studies to find out local cultural values ​​that can trigger the sanction of kesepekang.The results of this study explained that the Law of Human Rights in Bungaya Traditional Village has been ruled out by Custom Officers (Prajuru Adat). The traditional case of Kesepekang is a social sanction for indigenous residents who violate the change of "caste status". The Traditional Village Officers of Bungaya perceived that values ​​or commandment belief/ fatwa Kebayan Wayan is an absolute truth, therefore it can sentence to Kesepekang for the village members in the event of custom violation.

Keywords: Human rights, Caste Status Change, Kesepekang sanctions.