Author
Mr Tody Sasmitha Jiwa Utama
Organisation/Institution
The Van Vollenhoven Institute for Law, Governance and Society, Leiden University
Country
NETHERLANDS
Panel
Legal Pluralism
Title
Hybrid Governance and State Mobilization of Customary Institutions in Bali
Abstract
Traditional authority and customary institutions in Bali, Indonesia, have played a central role in the island’s governance since the pre-colonial period. Today, their roles extend into public service delivery, functions typically associated with modern state governments. Rather than opposing the state, adat (customary) institutions collaborate with provincial and district or municipal governments, creating a hybrid form of local governance that combines traditional authority with formal state authority. Through regulations and financial incentives, Bali’s regional governments maintain collaboration and political proximity with 1,500 customary villages and thousands of other traditional institutions. Regional state authorities recognize, fund, and support adat institutions, strengthening their traditional authority while shaping, bureaucratizing, and modernizing their structure to implement state policies and programs. Many adat institutions deliver public services such as waste management, education, and internet infrastructure. They have also been deployed to respond to the COVID-19 crisis, rabies control, and to assist the government in managing several public protests. Nevertheless, adat institutions are not passive subjects of mobilization. They utilize government support to enhance their political relevance and engage with economic opportunities in Bali’s tourism market. Many have formed alliances with political elites and parties and developed business units to manage tourist sites and services. In doing so, adat institutions serve not only their traditional constituents but also government actors, political elites, and tourists. Operating in a hybrid space between adat and state law, these institutions draw legitimacy from both systems and navigate complex authority and legal frameworks. Based on nine months of ethnographic fieldwork in Bali (2023–2024), this paper examines the benefits and risks of state mobilization of customary institutions in local governance. I argue that while hybrid governance can improve access to public services and improve policy implementation, it also makes adat institutions vulnerable to co-optation and can trap them in clientelistic relationships with those in power. More broadly, this dynamic poses a warning for local democracy, as it creates conditions that facilitate the rise of local autocracy and limit meaningful public participation.
Biography
Tody S. J. Utama is a PhD researcher at the Van Vollenhoven Institute for Law, Governance and Society, Leiden University, and a lecturer in Adat (Customary) Law at Universitas Gadjah Mada (UGM), Indonesia. He is interested in law and society issues, particularly in the areas of customary law, vulnerable groups, and legal pluralism. His current research examines the instrumentalization of customary law and institutions by the Indonesian government, with a focus on the socio-political context and the strategies employed by national and regional institutions to recognize, incorporate, and utilize adat. Previously, he was involved in research projects on the recognition of Indigenous communities, the legalization of customary tenure, and the intersections of adat with gender and disability. Some of his work is available here: https://www.researchgate.net/profile/Tody-Utama?ev=hdr_xprf.
