The Law Impact on Murder Trial From Balinese Customary Law Perspective (Case Study

This study aims to analyze what legal sanction and what consequences for the heirs trying to commit the murder of the inheritors in the perspective of Balinese customary law. The research method used is empirical research that is the observational and field study research in the Desa Pakraman Sukawati. Data were collected through observation. The result of the research is that the legal sanction for the heirs in perspective of Balinese customary law is a sentence of sanction given by Balinese traditional court law. The criminal matters are resolved in traditional court and it is not yet exist in the criminal code or state law. This sanction for violation of mistreatment of the heir tried to murder the inheritors occurred in Desa Pakraman Sukawati is determined by village peace judge. This is specially done by Prajuru Adat (Balinese indigenous custom village officers). The legal consequences described on Balinese customary law are based on Article 838 of the Civil Code. It states that it is one of those who has been convicted or blamed for killing or attempting to kill the inheritors, the consequence is that the inheritance is void although the heirs are entitled for inheritance. It is a principle that every person including a person who has inheritance rights of inheritance does not receive anything. This has been determined by law and it is excluded from inheritance due to inappropriateness (onwaardig) to receive inheritance.


I. INTRODUCTION
Inheritance customary law contains provisions governing the transfer of assets both tangible and intangible from inheritors to the heirs. The process of inheritance of assets may occur when the inheritor is still alive or after the death of the heir. Inheritance customary law according to (Nantri, 2007), is a process of inheriting both material and immaterial goods from inheritors to the heirs with an involvement of rights and obligations. This inheritance process is carried out by the inheritors. The inheritance is based on tangible and intangible assets, all of which involve rights and religious obligations. According to the Balinese customary law, this inheritance contains several elements, namely: (a) Traditional inheritance customary law is a rule, (b) the rule consists of the process of inheritance, (c) the obtained inheritance can be any tangible and intangible property, (d) the transfer of this inheritance takes place from generation to generation. The traditional Balinese inheritance law is the most difficult part of Balinese customary law. It is partly because of the differences on each region within the Balinese jurisdiction called desa (place), kala (time), and patra (condition). Regardless of either the number of inherited items or customary court decisions, the study of inheritance Balinese customary law cannot be separated from family relationship. This is especially in link with the family kinship system. This is generally related to marriage pursued by the customary law community in Bali. Inheritance in Bali is largely determined by the applicable kinship system and the marriage process of the people.
The Balinese Hindu followers adhere to a patrilineal kinship system. The patrilineal kinship system in Bali is commonly referred to as the "kepurusa or purusa" (patrimonial) system. In this system, patrilineal kinship becomes the sole basis for this arrangement. The family of the father, or the male family lineage (kepurusa) is the most important ones for inheritance process. For example, the male family lineage inherits everything and the children are all following the patrilineal system. But, only boys later become descendants of the inheritance. In patrilineal system, male status is steadily concrete, while the status of girls is changed. This is because women follow their husbands and be part of their husband's family member when they got married. The inheritance Balinese customary law is determined that the heirs are sons (sentana rajeg) and legal adopted children. A daughter only has the right to enjoy the wealth of her parents as long as she is single. When girl gets married, the right of inheritance is null and void. The constitution and regulations clearly stipulate that every citizen is equal in law. Thus, there will be disharmony between the state law and inheritance Balinese customary law. The theoretical study of the legal certainty can be interpreted as the legal instrument of a country that is able to guarantee rights and obligations. Mertokusumo stated that legal certainty is legal protection against arbitrary actions, which means that a person will be able to obtain something under certain circumstances. According to Kelsen, law is a norm system. Norms are statements that emphasize the "should" or das sollen aspects, including some rules about what should be done. Norms are deliberative human products and actions. Laws contain general rules as guidelines for individuals behaving in society, both in relations with fellow individuals and in relations with the community. The rules become a limit for society in burdening or taking action against individuals. The existence of these rules and the implementation of these rules are the legal certainty. Legal certainty contains two meaningful things. They are the existence of general rules and legal security for individuals. It is with the existence of general rules that individuals can know anything which might be charged or carried out by the State. The doctrine of legal certainty comes from dogmatic juridical teachings which are based on the positivistic school of thought in the world of law. It tends to see law as something autonomous and independent. Due to this thought, law is nothing but a collection of rules. For adherents of scholar, the purpose of law is nothing but guaranteeing the implementation of legal certainty. Legal certainty is realized by law on its nature which only makes a general rule of law. The general nature of law proves that the law does not aim to bring about justice or expediency, but merely for certainty. Inheritance customary law is the legal norms which determine material and immaterial assets from which a person can deliver to his descendants and at the same time regulates the time, method and process of inheritance (Projodikoro, 2010). Inheritance customary law includes rules related to a continuous process from century to century as a continuation and transfer of wealth both material and immaterial from one generation to the next (Sujatmika, 2011) Inheritance customary law has broad meaning in the form of organizing the transfer of wealth from one generation to other next generations. Based on these opinions, it can be concluded that the inheritance customary law regulates the process of transferring tangible and intangible assets. In addition, there are three basic principles in inheritance customary law. These are the principle of harmony, the principle of propriety and the principle of alignment. These three principles can be applied to various problems in the community when they are related to the desa (place), kala (time) and patra (circumstances). By implementing and the process of these three principles in relation to place, time and circumstances, it is expected that all problems can be resolved properly and completely. Referring to inheritance customary law above, it contains several levels namely (a) inheritance customary law is a rule of law, (b) the law contains the process of inheritance, (c) the given inheritance can be tangible and intangible assets (Mourik, 2007).
From the problems described above, research issues are formulated. They are; 1. What is the legal sanction for the heirs who try to commit the murder of the heir in terms of Balinese customary law?; 2. How are the legal consequences applied for the heirs trying to commit a murder for the heir in Balinese customary law? The objective of the research is to find out the legal basis for the heirs in Balinese customary law and to find out what the legal consequences for the heirs trying to commit a criminal act against the heir in Balinese customary law.

II. METHOD
The method used in this study is an empirical research method focusing on community behavior (law in action), and used primary and secondary data.
The primary data used in this study are as follows (1) data from Desa Pakraman Sukawati in the form of awig-awig (village traditional rules), (2) interviews with the Prajuru Adat, Bhabinkamtibmas (local authority officers) in charge at Desa Sukawati and (3) interviews with parties related to legal consequences for heirs who try to commit the crime of murder of the testator in terms of customary law of Bali (Case Study in Desa Pakraman Sukawati). As for the secondary data used in this study using primary legal materials, secondary legal materials, primary legal materials including: (1)  Data is collected directly from the research field. It is done to obtain primary data using observation and interview techniques. Interviews are taken place in Desa Pakraman Sukawati to get indicators about the legal consequences for the heirs who try to murder the inheritor. This is examined using traditional Balinese customary law. This research study uses data processing techniques and qualitative analysis. The collected legal materials are presented in descriptive scientific writing. It is done by describing the specific aspects related to the problem to be discussed and analyzed to get the truth. Year 2001 about desa Pakraman, it is affirmed that the village peacekeepers have the task of reconciling and resolving customary disputes among other tasks. The same task is also mentioned in the Desa Pakraman Sukawati palet 20 paos 2indik kesukertan , which is "the people of the banjar who spend money. If this is to become a talk or a rebuke, the banjar leaders should think about how to do it. The whole community is concerned, when that is a matter, then the village leaders can solve it with Based on the foregoing, an heir may be denied his right to inherit his parents' inheritance. This is due to Balinese customary law stipulates that heirs will be denied the right to inherit one of the causes if the child is considered ungodly. This means that his position as a child is dismissed by his parents. Regarding the resolution of criminal cases through customary law or court, the first thing to do is refer to Law No. 1 Year 1951 concerning Temporary Actions for Organizing the Composition of Power, Power and Procedures of Civil Courts as the legal basis for resolving criminal acts through adat courts. Referring to Article 5 paragraph (3) sub b of the Drt. Law 1/1951 about civil criminal material law which until now applies to the subjects of the Swapraja (self-government) area and people who were tried before by the Customary Court, still applies to the subjects and that person with the understanding that an act must be considered a criminal offense. But, in the Civil Criminal Code, it is unequal and is considered to be threatened with a sentence of no more than three months in prison or a fine of five hundred rupiahs. It is as a substitute penalty if the customary sentence imposed is not followed by the convicted party. The substitution referred to is deemed commensurate by the Judge with the magnitude of the guilty sentence. If the customary sentence handed down according to the judge, the defendant's mistake may be subject to a substitute sentence as many as 10 years in prison. With the understanding of the judge, it is no longer harmony and the act must be considered as a criminal act. When this is comparable in the Civil Criminal Code, it is considered threatened with a sentence equal to the criminal act.

III.RESULT AND DISCUSSION
Regarding Article 5 paragraph (3)  According to customary law applied in Bali, the right of the heirs is to inherit the inheritance, while the obligation is a series of activities that the heirs must perform to the parents, their families and their community. It is a religious obligation and a daily duty in society aimed at parents and the good name of the family by performing religious ceremonies and be socialized person in the community. In addition, social obligations related in the Desa Adat (indigenous village) are participating in village social activities such as gotong royong (social service) and other religious ceremonies. The indigenous people generally adopt the patrilineal family system or the term purusa (patrimonial system). It is considered that a man or the sons in the family are the important heirs. The son is the successor and savior of the family line and it is a hope for the parents to depend on later in life. The son must be born from legal marriage. A daughter has the right to enjoy her parents 'inheritance as long as she still lives in her parents' home and is not yet married. However, women can also become heirs when they are given status as purusa called sentana rajeg (groom passionate marriage). They will be the ones responsible for fulfilling the duties assigned to them. The obligation is to pay off the heirs both the material and the immaterial debt. Although the inheritors leave the debts alone without leaving the inheritance, the heirs are obligated to repay the debts left. This would be similar to purusa or kapurusa (the patrilineal) line of patrimony.
According to this kinship system, almost all the responsibilities of family and offspring are basically on the shoulders of the purusa (male). What is meant by responsibility in this case, includes three levels, namely: (1) parhyangan, maintaining places of worship such as temples and religious activities. They are also taking responsibilities on the ancestors ceremonies like funeral, cremation, ngelanus and nyegara gunung (continuation of cremation ceremony; (2) pawongan, having responsibilities in social life and social services as a member of banjar (community); (3) palemahan, maintaining the environment, including family and social environment. All these responsibilities are legally and morally the responsibility of boys as heirs. This can cause a stressful situation and it is found out an attempt to kill the inheritor occurred in Desa Pakraman Sukawati. This might have been worried that she would not get a share inheritance because parents do not involve the child when selling the inheritance. It is a frantic situation. The child pushes his parents into the house and wanted to burn the entire house. The arrival of his eldest brother could prevent the incident. The trial of out by is a This criminal legal event was resolved holding a family gathering attended by the Prajuru Adat and was resolved by consensus in a statement to repeat act. Otherwise, heir may lose his to the This is due to the fact that in of Bali and the Criminal a enforcement of rights The current legislation and under the Constitution of 1945, there are laws and government regulations which can substitute the laws. Understanding the hierarchical and substantial of the law, it is the governing law of the village is the Local Government Law which applies for this research. In the last two Local Government Laws, the Law No. 22 Year 1999 and the Law No. 32 Year 2004, it is stated that village is the unity of the legal community, as defined by Article 18B of paragraph (2) of the Constitution of 1945. Earlier, at the time of the Law No. 22 Year 1999, the function of the village justice judge was recognized as one of the village chief 's duties. Referring to Article 101, the duty is to settle disputes in the Village. Even the explanation of the article emphasized the power of binding the resolution at the village-level settlements by stating that: "All disputes settled by the Village Head are binding on the parties at stake". When this law was replaced by the Law No. 32 Year 2004, such provisions were no longer in force. This new law regulates the disputes at the village applied into the Local Regulations. Thus, the only legal ground for a village justice judge is the Emergency Law No. 1 Year 1951 which many have long recognized as the juridical foundation of a village peace judge. Law Year 1951 was actually the Law on Temporary Action to Hold the Union of Power and the Event of the Civil Courts. Indeed, in Article 1 paragraph (1) and paragraph (2)  Matters for examination by customary law as the authority of the judiciary of the minority community (village magistrate) are still subject to their examination.
What is specified in paragraph (1), shall not in any way diminish the authority of the parties to each time submit its case to the judge referred to in clause 1.2.
The judges referred to in paragraph (1), adjudicate on customary law, they cannot impose penalties. The term "authority for village peace judge" referred to in Article 1 paragraph (3) (1) of the law stipulates that all courts in all regions of Indonesia are state courts and are determined by law. General Explanation No. 7 of this law states that: "affirmation that the judiciary is a state court, intended to cover all possibilities for or the holding of a self-defense court or customary court conducted by a non-state judicial body". Because the village court (village peace judge) is not a state court, according to this view after the enactment of the Basic Law on Judicial Power, this court is no longer exist (Berata, 2007), this law is considered a bell death for the village peace judge (Hazairin, 2009).
Apparently, this view is based on a wrong understanding of the village peace judge which is understood as part of the adat (customary) court. This misconception was shown by Atmaja in his writings published in Pro Justisia Magazine entitled "Hakim Perdamaian Desa dan Undang-undang Pemerintahan Desa" (Village Peace Judge and the Law on Village Governance). According to Atmaja, there is no doubt about the existence of a village peace judge. His view was based on several arguments. First, the village court (village peace judge) is not the same as the Customary Court as intended by Emergency Law No. 1 Year 1951. In this emergency law which is explicitly abolished are the governor's court, self-employment court, and customary court, while the power village peace judges are still recognized. Second, the village peace judge is not really about giving authority to judge (Atrubutie van Rechtmacht) where the parties to the litigation are not obliged to submit their cases to the village peace judge, but on a voluntary basis. Citing Soepomo, he said that district court judges were indeed obliged to pay attention to as many village decisions as possible if they were deemed to be in accordance with their obligations to adjudicate themselves according to customary law. District court judges were not bound by village peace judge decisions. In addition, according to Atmadja, the words "judge" in the term village peace judge is not "judge" in the true sense of the word as a judge at the district court. This final opinion is based on Article 3a paragraph (2) which does not reduce the right of the parties concerned to advance before an ordinary judge. In the case of punishment, the village peace judge cannot impose a sentence as determined in the Criminal Code, but it can only determine the village customary reaction (adat reaaktie) to restore balance or harmony in the life of the community (Atmadja, 2010).
Referring to this argument given by Atmadja above, there is no doubt about the existence of a village peace judge in national legislation. The existence of a village peace judge is still recognized based on Article 1 paragraph (3)

IV.CONCLUSION
This can be concluded that legal sanctions for heirs who trying to murder can be resolved at the village. This is in line with the customary law. It is not yet exist and regulated in the criminal code or state law. Sanctions for violating the heir persecution occurred in Desa Pakraman Sukawati were determined by village peace judge called Prajuru Adat. The legal consequences for the heirs try to commit the murder is regulated in Balinese customary law. It is based on Article 838 of the Civil Code which states that those who have been convicted of killing or attempting to kill the inheritor, the consequence is zero inheritance. It is a principle that every person including a person who has inheritance rights does not receive anything. This has been determined by law and it is excluded from inheritance. It is one of those who has been convicted or blamed for killing or attempt to kill the inheritor.
Based on the description of the conclusions above, the author recommend some suggestions. These suggestions are; it is recommended that the government especially the General Assembly of Desa Pakraman decide on inheritance rights of daughters (biological or adopted daughters) to inherit half of the male line inheritance after being deducted 1/3 of it and the preservation interests considering juridical aspects and prioritizing togetherness to maintain and develop harmony among the heirs. It is also recommended to village peace judges to better review the legal basis in deciding customary cases. This is because the Balinese legal culture tends to submit customary violations to the customary village apparatus. The absence of a judicial basis that gives the authority of the customary peace judge to adjudicate adat (customary) disputes can have an impact on the confusion of authority which has the right to adjudicate customary disputes of applicable regulations.