Law and Public Policy in the Development of Tourism Villages in Bali (Between Legal Politics and Legal Pluralism)

Abstract

The legal policy on tourism in Bali is fundamentally planned from a legal aspect as cultural tourism. The underlying thought is that Bali's legal politics of tourism is built on the values of Hindu religion, customs, local wisdom, and upholding the philosophy of Tri Hita Karana. Bali is culturally, religiously, naturally, and humanly unique, with the foundation of its social-religious organization being the customary village (desa adat). Based on this central idea, the legal issues explored are: (1) How is the construction of legal politics in public policy for tourism development (especially in Tourism Villages) in Bali? (2) What are the legal implications for the tourism villages developed in relation to community welfare? The socio-legal research method is interdisciplinary and "hybrid," which will explain the relationship between law and society in shaping public policy related to tourism villages. The research findings indicate that the legal construction in public policy for the development of tourism villages in Bali is built on a concept of law that is culturally meaningful. On one hand, it is constructed based on state law, and on the other hand, it can be managed by Bali's customary law, such as awig-awig, pararem, and customary village regulations (Peraturan Desa adat). The legal implications for customary villages managing tourism villages in Bali are ambiguous in legal choices, particularly in implementation within customary village areas. However, regardless of the legal choice by the customary villages in Bali, the legal goals of utility, certainty, and justice can serve as benchmarks for forming a law that brings happiness.