DENPASAR – Protecting victims of salah pati in Bali requires more than criminal justice alone. A recent study by I Gede Januariawan and I Nyoman Alit Putrawan from Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar found that effective protection should combine legal, social, cultural, and spiritual dimensions. The research was published in 2026 in the International Journal of Integrative Research (IJIR) and highlights the importance of harmonizing Balinese customary law with Indonesia’s national legal system.
In Balinese society, salah
pati refers to an unnatural or unexpected death. The term includes deaths
caused by homicide, violence, negligence, suicide, accidents, natural
disasters, and other external circumstances. Unlike modern legal systems that
primarily view death as a legal matter, Balinese customary traditions also
regard such events as social and spiritual occurrences that affect the balance
between the sekala (physical) and niskala (spiritual) realms of
life.
The study was conducted in
response to an ongoing challenge in Bali: the gap between state-based victim
protection mechanisms and customary approaches to handling unnatural deaths. In
many cases, public attention focuses on purification rituals and the restoration
of spiritual harmony, while the practical needs of victims’ families—such as
access to justice, compensation, restitution, and psychological support—may
receive less attention.
To examine this issue, the
researchers applied a normative legal research method using a qualitative
juridical approach. The analysis explored Indonesian legislation, victim
protection laws, the new Criminal Code, and important Balinese customary
sources, including Lontar Yama Purwa Tattwa, Lontar Purwa Bhumi
Kamulan, and the 1961 Campuhan Ubud Great Assembly decision.
The findings reveal that Balinese
customary law provides what the researchers describe as restorative-religious
protection. This protection is implemented through purification rituals such as
prayascitta, guru piduka, panebusan, and other ceremonies
determined by local customary traditions. Rather than serving as punishment,
these rituals are intended to restore social and spiritual balance after an
unnatural death occurs.
Customary communities also play a
significant role in supporting bereaved families. Village institutions help
organize funeral ceremonies, provide social assistance, maintain community
harmony, and prevent stigma against affected families. According to the study,
Balinese customary law places strong emphasis on preserving the dignity of both
the deceased and surviving family members, regardless of how the death
occurred.
National law, meanwhile, offers
protection through formal legal mechanisms. Indonesia’s Law No. 31 of 2014
concerning the Protection of Witnesses and Victims grants victims and their
heirs access to security protection, medical assistance, psychological rehabilitation,
restitution, compensation under certain conditions, and legal support during
judicial proceedings. When death results from a criminal act, the state is
responsible for investigating the case, prosecuting offenders, and ensuring
legal accountability.
The research also discusses the
significance of Indonesia’s new Criminal Code, which became effective in 2026.
One of its notable features is the formal recognition of living law—legal
norms that continue to operate within local communities. While this recognition
strengthens the role of customary law, the researchers emphasize that salah
pati itself is not considered a criminal offense under national law.
Instead, it remains a customary classification that explains the social and
spiritual consequences of an unnatural death, while criminal responsibility
continues to be determined by statutory legal provisions.
According to Januariawan and
Putrawan, customary law and national law should not be viewed as competing
systems. Rather, they perform different yet complementary functions. National
law provides legal certainty, human rights protection, and criminal accountability.
Balinese customary law contributes communal legitimacy, cultural continuity,
social solidarity, and spiritual restoration that formal legal institutions may
not fully address.
Based on their analysis, the
researchers propose an integrated model of victim protection consisting of four
interconnected dimensions. The first is juridical protection, which includes
investigation, fair legal proceedings, legal assistance, and compensation. The
second is social protection through active involvement of customary villages
and community support networks. The third is cultural protection through
respect for local customs, awig-awig, and pararem. The fourth is
spiritual protection through appropriate religious and purification ceremonies
that help restore harmony between the physical and spiritual realms.
The study argues that this
integrated approach can provide more comprehensive protection for victims and
their families. By combining state-based legal remedies with culturally
meaningful customary practices, communities can address not only legal accountability
but also the emotional, social, cultural, and spiritual consequences of sudden
and unnatural deaths.
Januariawan and Putrawan conclude
that the ultimate goal is not to place customary law above national law or vice
versa. Instead, both systems should work together within their respective roles
to ensure substantive justice. Such coordination can create a more balanced and
humane response to salah pati cases while respecting legal certainty,
human rights, and Balinese cultural values.
Author Profile
I Gede Januariawan, S.H., M.H.
is a lecturer and researcher at Universitas Hindu Negeri I Gusti Bagus
Sugriwa Denpasar, specializing in Balinese customary law, legal pluralism,
and victim protection.
I Nyoman Alit Putrawan, S.H.,
M.H. is a legal scholar and lecturer at Universitas Hindu Negeri I Gusti
Bagus Sugriwa Denpasar, with expertise in customary law, criminal law, and
legal development based on local wisdom.
Research Source
Article Title: Protection
of Victims of Salah Pati under Balinese Customary Law and National Law
Authors: I Gede Januariawan and I Nyoman Alit Putrawan
Journal: International Journal of Integrative Research (IJIR),
Vol. 4, No. 8, 2026
DOI: https://doi.org/10.59890/ijir.v4i8.241
Official Article Link: https://mrymultitechpublisher.my.id/index.php/ijir
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