The Control of Spatial Utilization in the Tourism Areas Oriented to Public Welfare and Justice

I Made Sudira ,I Ketut Sudantra

doi:10.7176/jlpg/87-05

Abstract

The rapid development of tourism in Indonesia, particularly in Bali, is a challenge in controlling and utilizing spaces. The establishment of local protected areas (sacred areas, borders, green open spaces), as part of protected areas through the Regional Regulation of Bali Province Number 16 of 2009, is considered unfair by a group people because it delimits the utilization of property rights to land in the area. As a result, numerous violations occur in spatial regulations in tourism areas, especially in the areas designated as protected areas. This study aims to find, discover and formulate a model for controlling the spatial utilization in tourism area that is oriented towards justice and welfare of the community. The research method used in this study is normative legal research method supported with statute approach and conceptual approach. The research materials used included primary legal materials and secondary legal material collected through note-taking technique. The analysis of the legal materials was carried out qualitatively assisted with reasoning and legal argumentation techniques. The results are then presented descriptively.Based on the presentation of the results of the research and the discussion, it can be concluded that the ideal model of the spatial utilization and control comprises the model that is based on the concept of bioregionalism, that is to say, the concept of developing and fulfilling the living needs through adjusting the ecosystem of local communities by preserving and fostering the ecosystem to support the life of the economy. The model encompasses the concept of fusion within the control of the spatial utilization by not damaging the existing ecosystem environment, and on the other hand, economically the community is not harmed in meeting their needs and welfare. The model is also in accordance with the provisions of Article 2 letter h of Law Number 32 of 2009, which stipulates that the environmental protection and management is carried out based on the principle of ecoregion, in that, the environmental protection and management shall consider the characteristics of the natural resources, ecosystems, geographical conditions, the culture of the local community, and the local wisdom. Keywords : Control of Spatial Utilization; Sustainable Development, Public Justice and Welfare DOI : 10.7176/JLPG/87-05 Publication date :July 31 st 2019

Highlights

The control spatial utilization is an effort to prevent environmental destruction so that the implementation of the development is in accordance with the spatial plan by always respecting the individual rights of the communities for the sake of justice
These philosophical values can be adopted in the use of land in the no-build zone because the concept promoted does not damage the surrounding environment. Such houses can be found in the Penglipuran area of Bangli which has a special attraction for tourists. This is in line with Article 2 letter h of the Environmental Protection and Management Act, which stipulates that the environmental protection and management is carried out based on the principle of ecoregion, namely the protection and management of the environment must consider the characteristics of natural resources, ecosystems, geographical
The basic principle of the sustainable development is the mandate of Article 1 number 3 of Act Number 32 of 2009 concerning Environmental Protection and Management, that sustainable development is a conscious and planned effort that integrates environmental, social and economic aspects into development strategies to ensure the environment integrity and the safety, ability, welfare and quality of life of present and future generations

Summary

Introduction

The control spatial utilization is an effort to prevent environmental destruction so that the implementation of the development is in accordance with the spatial plan by always respecting the individual rights of the communities for the sake of justice. This is in line with the basic principles of sustainable development which are the agenda and objectives of the United Nations as outlined in a declaration entitled, “Transforming our world: the 2030 Agenda for Sustainable Development,: “We are determined to foster peaceful, just and inclusive societies which are free from fear and violence, there can be no sustainable development without peace and no peace without sustainable development”.3. The value of justice is imposed in the fifth principle of the Pancasila which reads: "The social justice for all Indonesian people.” In the Indonesian legal system, the Pancasila is placed as a staats fundamental norm, so the material contained in the legislation of the Republic of Indonesia shall not conflict with the values contained in it.

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