Criminal Law Policy against ‘Pratima’ Theft: Perspective of Balinese Customary Criminal Law

Law enforcement of the crime of Pratima theft in Bali does not provide a sense of justice for traditional law communities as victims. In response to this, it is necessary to construct law enforcement for the crime of Pratima theft to achieve a sense of justice, benefit, and legal certainty for the Balinese customary law community. This research method is sociological law (sociological jurisprudence), emphasizing the study of the operation of law in traditional law communities in Bali. The object of the study is the legal facts related to the crime of Pratima theft. Based on the research results, it was found that law enforcement prioritized legal certainty rather than social justice itself. The Balinese traditional law community desires fair and beneficial law enforcement. The provisions on the principle of legality in deciding pratima theft cases in Bali do not prevent the application of laws that exist in society. Judges should also apply customary criminal sanctions, thereby demonstrating that criminal law policies protect customary law communities. In imposing sanctions, the panel of judges is expected to be guided by the harmony of law enforcement objectives, based on local wisdom. The application of the Tri Hita Karana concept as local wisdom in customary criminal sanctions shows that criminal law policy provides a sense of justice and protects customary law communities as victims, and restores harmony in the lives of Balinese customary law communities.