The Implementation of the Kasepekang Customary Sanction in the Customary Legal System of Bali and Subak from a Justice Perspective in Jembrana Regency, Bali Province

One type of pamidanda, kasepekang, tends to require reexamination of its existence and application to align with societal developments. The aim of this research is to analyze the fairness of the application of kasepekang customary sanctions and their development in the modern era. The questions are: How can kasepekang customary sanctions be applied fairly in customary courts and subaks in Jembrana Regency? What are the benefits of kasepekang customary sanctions in the development of customary law in Bali? This research is classified as qualitative empirical research using a legislative approach, a case approach, a conceptual approach, and a customary law approach. The research results show: First, the determination of kasepekang is carried out through the paruman krama desa (village community leaders), not by a single group of individuals or village customary leaders (prajuru). To create balance, the wisdom of the customary leaders (prajuru adat) is required to lead the paruman when exercising judicial authority. Likewise, the krama desa can carry out a supervisory function as a "jury" by participating in determining aspects of wrongdoing and the relevance of sanctions. Second, the benefits of Kasepekang customary sanctions are to maintain and uphold the dignity of the norms stipulated in Balinese customary law and to serve as a "means of coercion" to maintain order in line with the objectives of those regulations