The Characteristics and Legal Status of Customary Lands (Tanah Adat) in Bali

Balinese customary community (Balinese Adat community) recognizes the existence of customary lands (tanah adat) controlled by the unity of customary community in their community life. These customary lands are very important to the lives of customary community in Bali. This paper discusses two main issues, namely: 1) the characteristics and functions of customary lands in Bali, 2) the legal status of customary lands in Bali after the enactment of the Indonesian Act No. 5 of 1960 (Indonesian Basic Agrarian Law). Customary land in Bali has its own characteristics and controlled by the customary village based on customary law (unwritten law). Customary lands in Bali have religious, economic and social functions. From a legal perspective, after the enactment of Indonesian Basic Agrarian Law, the status of customary lands in Bali are recognized and protected as long as in fact those lands still exist.