Land Control as an Investment Object By Foreigners Through Mixed Marriage in Bali

DOI

10.2991/978-2-494069-93-0_43How to use a DOI?

Keywords

Land Ownership; Investment; Foreigners; Mixed marriages

Abstract

This article analyzes on “Land Control as an Investment Object by Foreigners Through Mixed Marriages in Bali”. The legal aspects of foreigners controlling land in Bali for the benefit of tourism firms under the cover of mixed marriages are the main topic of this study. With a statutory, conceptual, sociological, and case perspective, the author uses empirical legal research methodologies to analyze the legal concerns. Based on the ideas of authority, expediency, and legal protection as analytical tools, it can be concluded that foreigners' involvement in Bali's tourism industry cannot be separated. Likewise, the control of land in Bali is not free from the control of foreigners, either through legal investment or illegal ones by taking advantage of mixed marriage loophole. The "Tri Hita Karana philosophy," which manifests in Balinese people's behavior in maintaining harmony between "Humans and God," "Humans and Nature," and "Humans and Other Humans," underlies their unique culture with Hindu religious nuances in both daily life and running a business in the tourism sector. The principle of good faith in investment is reflected in this philosophy, so land control for foreign investment shall be obligated to respect this very noble principle. However, empirical facts show that the Balinese land control by foreigners through mixed marriages is only a disguise; in reality, there is bad faith to control Balinese land just for personal gain by sacrificing Bali's natural beauty.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - I Nyoman Sujana
PY  - 2023
DA  - 2023/01/25
TI  - Land Control as an Investment Object By Foreigners Through Mixed Marriage in Bali
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 362
EP  - 370
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_43
DO  - 10.2991/978-2-494069-93-0_43
ID  - Sujana2023
ER  -