STRENGTHENING THE DUTIES AND FUNCTIONS OF PECALANG AS TRADITIONAL SAFETY TOOLS IN BALI

The maintenance of stability, security and order in traditional villages is the main goal to continue to uphold Bali as a strengthening of cultural identity. Creating security and order in traditional villages is not only the task of the police and the government, but the role of indigenous village communities is highly expected. Therefore traditional villages must be supported by other traditional institutions and organizations such as banjar adat, tempek, and sekaa-sekaa, as well as traditional organizations that are still alive and developing in other communities such as pecalang. The issuance of Regional Regulation No. 4 of 2019 concerning Traditional Villages does not clearly state and are still ambiguous about the duties of a pecalang, so there is a chance that these tasks will come out of the history of the formation of pecalang. To support the duties of the pecalang, the pecalang needs to coordinate with the National Police as stipulated in Article 47 paragraph (3) of Regional Regulation No. 4 of 2019, so that the pecalang and the state police are in a coordinative position. The purpose of this research was to clarify the boundaries of the duties and powers of the pecalang as a professional traditional security tool in Bali and to eliminate the arrogance of security duties between the pecalang (sesana) and the police so that there is a harmonious relationship for the sake of creating security and order in the traditional village according to current regulation.


INTRODUCTION
Observing the development of the global, regional and national strategic environment as well as the development of criminal acts in Bali will increase both in quality and quantity which will ultimately affect the life activities of the Balinese people (Mangku Pastika: 2004).Maintaining Bali's security is actually entrenched in the strength of local communities in traditional villages, such as subak, parisada and sekaa-sekaa, community leaders and cooperation with independent security agencies, such as pecalang.Pecalang is an important part of the Traditional Village (Naya Sujana: 2004).
Article 18 B paragraph (2) of the 1945 Constitution does not explicitly state that a Customary Law Community Unit (KMHA) is a Traditional Village.But implicitly KMHA in Bali is a traditional village.Traditional villages in Bali have formed several traditional institutions to strengthen the position of the traditional village itself, one of these traditional institutions is pecalang.The existence of pecalang has an increasingly strong position with the issuance of Regional Regulation (hereinafter abbreviated as Perda) of Bali Province Number 4 of 2019 concerning Traditional Villages.Article 1 point 20 states, Pecalang Desa Adat or Jaga Bhaya Desa Adat or in other names is a traditional Balinese security task force formed by a Traditional Village which has the task of maintaining security and order in the territory of the Customary Village.Bali Province Regional Regulation No. 4 of 2019 concerning Traditional Villages, Article 43 paragraph (2) that pecalang is a traditional institution.One of the objectives of establishing a pecalang institution in a traditional village is to create security, peace and public order in the customary village authority.The pecalang institution is known as a traditional security which is under the traditional village, so that pecalang is a sub-system of the traditional village.The existence of pecalang is very closely related to the three main problems of traditional villages, namely problems related to religious life (parhyangan problem), problems related to humans and other humans (pawongan problems), and problems related to the relationship between humans and their environment (palemahan problems).Furthermore, Article 47 paragraph (1) states that pecalang carries out tasks in the field of security, peace and public order in the authority of the Traditional Village.However, law enforcement is the authority of the police.So that between pecalang and the state police always coordinate in creating security in traditional villages.
Several laws and regulations do not provide clarity, in other word there is still a blurring of norms regarding the existence of pecalang and its duties and functions.Pecalang duties contained in Local Government Regulation no. 4 of 2019 has not provided clear boundaries.Moreover, the security function carried out by pecalang is not only in the scope of traditional villages but also in the regional scope.In his position as an assistant to the police, it is not clear how wide the scope of the security function of other self-help assistants, such as civil service police, security guards, and others, is unclear.Limits of authority in carrying out functions need attention to avoid overlapping in the field.All activities in actualizing the functions of the pecalang mentioned above stem from morality/ethics originating from the teachings of Hinduism and traditional village awig-awig (traditional regulation), but to ensure coordination of work with the state security apparatus (Indonesian Police) it is deemed necessary to pay attention to the applicable laws and regulations.Pecalang as a security officer in a traditional village in fact takes a lot of part in public security activities that are no longer a task within the scope of religious and village activities, such as guarding the Bali Arts Festival parade, securing demonstrations, and others.This reality cannot be denied that there is a tendency for a shift in tasks, the function of the pecalang itself, there are indications that the pecalang has carried out the main duties of the police, therefore it is our joint responsibility to find the best solution, so that in the field there is no overlap between the duties of the pecalang and the police, which is clear authorized by law.Therefore, this paper discussed how the pecalang's duties are in accordance with sesana as a traditional security tool in Bali.

RESEARCH METHOD
The method used in this research was the normative legal research method, namely research that is focused on examining the rules or norms in laws and regulations such as theoretical conceptualization as a grand concept in analyzing problems (directing the analysis process).Looking for materials as existing legal material to be analyzed further in order to obtain an analytical focus on the duties and powers of the pecalang so that they are in line with sesana as a traditional security tool in Bali.

RESULT AND DISCUSSION
As described above, that the function of pecalang according to Regional Regulation No. 4 of 2019 concerning Traditional Villages is to realize security, peace and public order in customary village authority.Meanwhile, in other laws and regulations that implicitly recognize the existence of pecalang (with the designation of forms of security) is Act no. 2 of 2002 concerning the Indonesian National Police.Article 3 paragraph (1) of the Act states that the bearer of the police function is the Indonesian National Police who are assisted by: a. Special police b.Civil servant investigators, and/or c.Forms of self-defense security In the elucidation of the article it is explained that what is meant by forms of independent security is a form of security held on the will, awareness and interests of the community itself which then obtains confirmation from the Indonesian National Police.Meanwhile, the relationship between the state police and independent security is regulated in Article 14 paragraph (1) letter f and article 15 paragraph (2) letter g.The two provisions state that in carrying out its main tasks, namely maintaining security and public order, enforcing the law, providing protection, protection and service to the community, it is obligatory to carry out coordination, supervision and technical development of the special police, civil servant investigators and other forms of voluntary security.Meanwhile, the formation of the pecalang institution was based on: a. Philosophical Basis Pecalang was formed by a traditional village and must have a basic philosophy inspired by Hindu religious teachings which are institutionalized in traditional villages in Bali which cannot be separated from the development of Hinduism in Bali.Philosophically, the existence of pecalang can be linked to the philosophy of Tri Hita Karana which is the basis of traditional villages.The Tri Hita Karana philosophy is a Hindu philosophy which teaches that the welfare of mankind in this world can only be achieved if there is: (a) a balance in the relationship between humans and God; (b) the balance of human relations with the environment; (c) the balance of human relations with each other.Balance or a harmonious atmosphere in this relationship can be concretely translated as an atmosphere of order, safety and peace (trepti, sukerta sekala niskala).Thus, in order to be able to achieve an orderly, safe and peaceful atmosphere in the life of Pakraman Village (kasukertan desa), it is necessary to have a traditional village security device called Pecalang.

b. Sociological Basis
In terms of sociological basis, pecalang as security in the area of traditional villages has a strong foundation in society, namely: it is recognized by the traditional village community as a reality that forms pecalang according to community needs, namely to maintain security and order in traditional villages.This means that pecalang in maintaining security in the traditional village area has a duty to protect the community within the village area and has a strong togetherness to work together with the community.In accordance with this sociological basis, pecalang and society are values that live in society.

c. Juridical Basis
The existence of pecalang is implicitly regulated in Act no. 2 of 2002 concerning the Indonesian National Police.Article 3 paragraph (1), with the designation "forms of independent security" which states that: The bearer of the police function is the Indonesian National Police who are assisted by: (a) special police; (b) civil servant investigators, and/or; (c) forms of self-defense security.In the elucidation of the article it is explained that what is meant by "forms of independent security are a form of security held on the will, awareness and interests of the community itself which then obtains confirmation from the Indonesian National Police".Meanwhile, the relationship between the state police and independent security is regulated in Article 14 paragraph (1) letter f and article 15 paragraph (2) letter g of Law Number 2 of 2002 concerning the Indonesian National Police.These two provisions state that the National Police of the Republic of Indonesia in carrying out its main tasks are in the form of: (a) maintaining public order and security; (b) enforce the law; (c) providing protection, protection and service to the community is obligated to carry out coordination, supervision and technical development of the special police, civil servant investigators and other forms of independent security.Based on other laws and regulations, the National Police of the Republic of Indonesia has the authority to provide guidance, educate and train special police officers and independent security officers in the technical field of policing.However, until now pecalang have never received instructions, technical police training, even though Article 47 paragraph (1) of the Local Regional Regulation expressly stipulates that pecalang carry out tasks in the field of security, peace and public order in the authority of Traditional Villages.
Pecalang and the state police need to have limits on authority in carrying out functions to avoid overlapping practices in security duties.There are several principles of clarity of authority, namely: (1) Territorial principle (ratione loci or teritoir gebeid) (2) Substantial principle (ratione materii or zaken gabeid) (3) Time principle (ratione temperi or tijd gebeid) The principle of territoriality teaches that an authority has a clear area of application, as well as if there is an authority that applies transregionally (cross regions) so that it is also clearly defined in the rules that underlie the emergence of that authority.The principle of substance teaches that the contents (material/substance) of authority are clearly described so as not to cause doubts about other authorities.Meanwhile, the principle of time states that officials/owners of authority have authority during their term of office.When the term of office ends, the authority attached to the official/owner of that authority ends (Pasek Diantha: 2004).
The principle of authority will clarify the duties and functions of the pecalang and the police, so that there is no overlap between the duties of the pecalang and the police.For example, when there is a disturbance of security and stability in a traditional village, the state police are responsible and not the pecalang, because in this case the pecalang only serves as independent security (assisting the state police).Even though they are independent security (assisting the state police), in an effort to support the success of police work, the role of pecalang cannot be underestimated.

CONCLUSION
Based on the description that has been described above, the writer can draw the conclusion that the Customary Law Community Unit (KMHA) in Bali is called the Traditional Village, starting from the provisions of Article 18B paragraph (2) of the 1945 Constitution, then confirmed by several regional regulations regarding Traditional Village and finally the issuance of a regional regulation.No. 4 of 2019 concerning Traditional Villages.Regional Regulation No. 4 of 2019 explicitly regulates traditional institutions, one of which is the pecalang.Likewise Act no. 2 of 2002 concerning the State Police, the forms of independent security whose job is to carry out security, peace and public order within the authority of the Traditional Village.Article 14 paragraph (1) letter f and article 15 paragraph (2) letter g of Act Number 2 of 2002 concerning the Indonesian National Police states that in carrying out its main duties, the Indonesian National Police: (a) maintains security and public order; (b) enforce the law; (c) providing protection and service to the community is obliged to carry out coordination, supervision and technical development of the special police, civil servant investigators and other forms of independent security, always coordinating in carrying out security and order in traditional villages.