Source: Untar Public Relations
I Wayan Wahyu Wira Udaytama successfully defended his dissertation during an Open Doctoral Defense held by Untar’s Doctoral Program in Law at the Auditorium of Building M, Untar Campus I, Jakarta, on Thursday (21/05/2026).
Sidang terbuka dipimpin Rektor Untar Prof. Dr. Amad Sudiro, S.H., M.H., M.Kn., M.M. selaku ketua sidang. Adapun promotor utama disertasi ialah Prof. Mella Ismelina, sedangkan promotor pendamping Prof. I Wayan Gede Wiryawan.
In his dissertation entitled “Reconstructing the Kesepekang Sanction in Loan Agreements under Balinese Customary Law from a Justice Perspective,” Wayan examined the application of the kesepekang sanction within Balinese customary law, which he argued presents a paradox between the social legitimacy of customary law and modern principles of justice. Kesepekang is a customary sanction involving the social exclusion of members of a traditional community who are deemed to have violated local customary regulations.
His research highlights that kesepekang was originally intended to preserve customary balance and social harmony rather than function as a repressive punishment. However, in practice, the sanction has often lost its educational and restorative functions due to the limited availability of mediation and reconciliation mechanisms for disputing parties.
The study found that kesepekang fundamentally serves as a social control mechanism rooted in the Balinese philosophy of Tri Hita Karana, which emphasizes harmony in the relationships between humans and God, among fellow human beings, and with the environment. Within this framework, customary sanctions are intended not only to punish but also to restore social harmony within the community.
Nevertheless, the research also revealed that in several economic disputes, kesepekang has been imposed without adequate procedural safeguards, creating the potential for injustice. Such situations arise when sanctions are imposed without considering principles of proportionality, the offender’s socio-economic circumstances, or the right to defense.
Through his dissertation, Wayan proposes a reconstructed model for imposing kesepekang sanctions in loan agreements within Bali’s customary villages. The proposed framework seeks to preserve customary values while ensuring alignment with principles of justice and human rights.
The study is expected to contribute to the development of Indonesian customary law by making it more adaptive to evolving social conditions while remaining consistent with a restorative justice approach. (KS/YS)