LEMBAGA PERKREDITAN DESA (VILLAGE CREDIT INSTITUSION) AS NON BANKING FINANCIAL INSTITUTION BASED CUSTOMARY LAW IN BALI

I Made Suwitra, I Wayan Arthanaya, I Wayan Subawa, Ni Putu Sawitri Nandari

Abstract


The study in this paper aims to show the strength of the Village Rural Institution owned by Desa Adat (costumory village) in Bali in the current globalization based on Awig-Awig (costumary law). This study is based on normative legal research methods and emperical law using satute approach, analytical, case, legal anthropology, and costumory law. The results of the study show that the presence of various financial institutions such as banking, finance, cooperatives have no significant effect on the existence of Lembaga Perkreditan Desa as a non-bank financial institution owned by Desa Adat. It is precisely the financial institutions established under state law are afraid of the existence of Rural Credit Institutions owned by Adat Village because of the strength of its legal alliance body and its awig-awig. So it can be concluded that the Village Rural Institution owned by Desa Adat in Bali can coexistence with various institutions and state law. Since the administration as a model of legal document used by Rural Credit Institution in credit distribution can imitate the model of banking administration in general with some adjustment to the local wisdom law for the welfare of the people of Desa Adat

Keywords


Lembaga Perkreditan Desa; Non-bank Financial Institution; Welfare of Desa Adat

Full Text:

PDF

References


Accountability Report of Village Credit Institution of Sesetan Customary Village 2016.

Bali Local Developmen Bank. (1997). “The opportunity and the challenge Bali Local Development Bank in building and developing business of LPD in Bali Province.

Budhiadnya, I Made. et al., (1998). “The Performance of Village Credit Institution (LPD) in Level I Area of Bali Province,” Research Report of faculty if Economy Udayana Universiry in cooperation with Developmenr Planning Agency of Level I Area of Bali 1998.

Darji Darmidiharjo and Shidarta. (1996). The Principles of Law Philoshopy, Second Edition, Revision Edition, PT. Jakarta: Gramedia Pustaka Utama.

Iman Sudiyat. (1981). Customary Law Principle Sketch. Yogyakarta: Liberty.

Johnny Ibrahim. (2006). The Teory & Methodologiy of Normative Law research. Revised Edition. Second Edition.  Malang Jawa Timur: Bayumedia Publishing.

Moh Keosnoe. (1979). The Notes of Customary Law Nowadays, First Edition I, Surabaya: Airlangga University Press.

Karen Lebacqz, 2013, Six Theoryies of Justice, Augsbung Publishing House, Indianapolis, 1986. Translated. Yudi Santoso Teori-Teori Keadilan, Nusa Media, Bandung.  

Lili Rasjidi, H., and Ira Rasjidi. (2001). The Basic Philosphy and The theory of law Dasar-Dasar Filsafat, Eighth Edition. Bandung: Citra Aditya Bakti.

Norbert Rouland, 1994, Legal Anthropology., Stanford University Press, Stanford.

Nurjaya, I Nyoman. (2006). The Management of Natural Resources in Law Anthrpological Perspective, First Edition. Malang: (The collaboration of Master of Law Study Program. Postgraduate program of Brawijaya Universities with Malang State University Press.

Roger Cotterrell. (1995). Law’s Community, Legal Theory in Sociological Perspektive. Oxford, USA: Clarenco Press.

Ronny Hanitijo Soemitro.(1983). The Methodology of Law Research. First Edition. Jakarta: Ghalia Indonesia.

Sahetapy, J.E. (1998). “Lettre de cachet”. Journal of Penal Cose and Criminalogy. I (I).

Surpha, I Wayan. (2002).  Adat Village and Customary Village Bali. Denpasar: BP Publisher.

Surojo Wignjodipuro. (1979). Introduction and Customary Law Principle. Bandung: Alumni.

Suwitra, I Made. (2000), “The Prospect of Customary Sanction in Overcoming Bad Credit in LPD a thought in Penal Code Renewel Thesis, Denpasar: Master of Law Study Program Postgraduate Program Udayana University. 

_____________. (2009), “The Existence of Tenure and Ownership of Customary Land in Bali in National Agriarian Law Perspective”, Dissertation, Malang: Doctor program of Law Faculty of Law Brawijaya Univesity.

Act of Republic Indonesia No. 1 Year 2013 on Micro Financial Institution, gezetted Year 2013 No. 12.

Act of Republic of Indonesia No. 4, Year 1996 on Amenability Right on Land together with Things that related to Land. Gezetted Year 1996, No 42.

Act of Republic of Indonesia No 42 Year 1999 Fiduciary, gezetted year 1999 No 168.

Goverment Regulation of Republic of Indonesia No. 21 tahun 2015 on enrollment mechanism and the cost of Fiduciary Deed Issuing

Regulation of Local Government of Bali Province No 8 Year 2002 on Village Credit Instituton, gezetted of Bali Province Year 2002 No. 20.

Regulation of Local Government of Bali Province No 3 Year 2007 on Alternation of Regulation of Local Government of Bali Province No 8 Year 2002 on Village Credit Instituton.

Regulation of Local Government of Bali Province No 4 Year 2012 on Second Alternation on Regulation of Local Government of Bali Province No 8 Year 2002 on Village Credit Instituton, gezetted of Bali Province Year 2012 No. 4.

Regulation of Local Government of Bali Province No 4 Year 2019 on Desa Adat di Bali.


Refbacks

  • There are currently no refbacks.


Copyright (c) 2020 Tadulako Law Review

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

statcounter

Flag Counter

 

 Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.