The Indonesian Administrative Law Model for Managing the State Mandated Affair to the Adat Community: An Experience of Bali

Resumo

Indonesian adat village is an autonomous traditional community under the Constitution of the Republic of Indonesia. In conformity with the Constitution, the State may not intervene in the community's internal affairs. They may freely enjoy their historical and traditional rights within the State of Indonesia, including their conventional customary rights, cultural rights, historical rights, and self-governing authority. However, this status has produced an injustice with regard to the use of their culture. Adat community is an actual inheritance of the traditional Balinese culture. They own and maintain the culture at their own expense. But, when the culture produces tourism and tourism produces economic benefit, none of the benefits directly flows to the adat community. Most of them flow to the government and private sectors. Under McDougal’s policy-oriented approach and taking the case of Bali, this article would explore the nature of such injustice, its causes, the formulation of needs, the administrative law policy schemes, and the administrative rules formulation model for fixing the problem.