Bali Governor Wayan Koster ensured that Bale Kerta Adhyaksa's institution would not intersect with traditional village institutions.
This was conveyed by Koster at the Bali DPRD Plenary Session in response to the Gerindra-PSI faction in response to the Raperda Bale Kerta Adhyaksa of Traditional Villages in Bali in Denpasar, Tuesday, August 12.
Koster explained that Bale Kerta Adhyaksa is a different institution whose functions, duties, and positions are not the same as traditional village institutions, so they will not intersect or overlap.
"As regulated in the Bali Regional Regulation Number 4 of 2019 concerning Traditional Villages in Bali, traditional village governments have institutions consisting of village officials, village beds, village kertha, and banjar, while Bale Kerta Adhyaksa works in a traditional village environment but is not part of a traditional village," said Koster.
To the Bali DPRD, Governor Koster ensured that the proposed institution of the Head of the Bali High Prosecutor's Office would not take the work of village kertha, but to resolve general legal cases that occurred in the customary village environment.
The new institutions will assist the work of formal law enforcement agencies, because they will settle general legal cases with a restorative justice approach based on the principles of benefit, justice, kinship, togetherness, deliberation, and equality.
"The position is as a companion or facilitation which is regulated in the regional regulation, so the position is clear so that it is not confused whether Bale Kerta Adhyaksa's whereabouts will intervene in the existence of traditional villages," said the Governor of Bali.
The Bali Provincial Government in working on the Raperda has also compiled an organizational structure for the institutions to be formed in all traditional villages, consisting of coaches, directors, chairmen, deputy chairmen, secretaries, and members.
Koster explained, for the coach to be held by Kajati Bali; the director is a representative of the district/city government, the district/city traditional village panel (MDA), academics, or community leaders; the head is held as an element of the local village community who understands the principle of restorative justice; the deputy chairman is filled with representatives of the district/city government, the district/city traditional village council (MDA), academics, or community leaders.
"The secretary is filled with people who have administrative technical skills, communication, and documentation, and members are filled with elements of the traditional village community, community leaders, and other elements who have technical ability in resolving general legal cases," he said.
The Governor of Bali emphasized that cases that were not handled by Bale Kerta Adhyaksa were cases relating to customs that became the authority of traditional villages, moral crimes, cases that had entered the stage of investigation or trial in court, and cases involving the interests of the state, national security or other cases that could not be resolved restoratively.
The types of cases handled are general law including minor criminal cases, simple civil cases, violations of social norms that do not have a broad impact on public security and order, and cases related to the community that have the potential to interfere with social rights.
When the Raperda later becomes a regional regulation and runs, the institution can mediate with disputed parties to reach a peace agreement.
The Raperda also contains sanctions agreed by the parties such as fines, social work, and direct warnings accompanied by an apology for the perpetrators who were only given to the first violators.
To the Gerindra-PSI faction, Governor Koster also responded to the use of the word adhyaksa in the Raperda which was considered to have triggered other law enforcement agencies to participate in making rules with their respective jargons because adhyaksa was close to the prosecutor's office.
"The word adhyaksa in Sanskrit means that the supervisor or supreme judge, in this case, is not only identical to the prosecutor's office but as a representation of the values of honesty, justice, and wisdom, here it contains the meaning that in handling general legal cases that occur in traditional villages, Bale Kerta combines the application of customary law that lives in the community," said Koster.
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