Legal Policy of the Notarial Profession and the Protection of Cultural Capital of Desa Adat in Bali

Abstract

This study examines the legal politics of the Notary’s role in the preparation of authentic deeds related to Balinese customary land amid the development of the tourism industry. Balinese customary land not only holds economic value but also embodies religious, social, and cultural values as the cultural capital of indigenous communities. In practice, notaries hold a strategic position in legal acts involving padruwen land of indigenous villages; thus, they are not only bound by the formal provisions of the Notary Office Act but also by the principles of prudence and ethical responsibility. This study employs a normative legal method with a socio-legal approach through an analysis of legislation, a conceptual approach, and empirical data regarding notarial practices concerning customary land. The results of the study indicate that a notary’s authority cannot be exercised in a formalistic manner but must integrate positive law and Balinese customary law as a living law. Such harmonization is essential to ensure legal certainty while safeguarding the sustainability of customary land and the cultural values of Balinese society amidst the development of tourism.