Pengendara Sepeda Motor yang Tidak Menggunakan Helm Saat Berpakaian Adat Bali di Wilayah Hukum Polres Gianyar Ditinjau dari Perspektif Sosiologi Hukum

Abstract

The helmet is a mandatory safety device for motorcyclists and their passengers, as stipulated in Article 106 paragraph (8) of Law Number 22 of 2009 on Road Traffic and Transportation. However, from the perspective of the sociology of law, legal norms may change or be set aside when cultural values are highly upheld by society, since law and culture are closely interrelated. This study employs an empirical legal research method, using interviews, observation, and literature review as data collection techniques. It is descriptive in nature and is grounded in three theories: sociology of law, legal awareness, and law enforcement. The findings indicate that the level of compliance among motorcyclists in wearing helmets while dressed in traditional Balinese attire remains very low. Helmet use is generally motivated by fear of traffic police (Satlantas) enforcement and legal sanctions rather than by genuine legal awareness. This is reflected in violation data showing that cases of riding without a helmet have increased year after year. Furthermore, the traffic police’s role as law enforcers has not been carried out effectively or firmly in addressing these violations. This is evidenced by the continued occurrence of cases in which motorcyclists wearing traditional Balinese attire ride without helmets in the field.