Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)

Control of Coastal Land by Foreigners Through the Land Mafia and Its Implications for Tourism Business in Bali

Authors
Ni Nyoman Sri Puspadewi1, *, I Nyoman Sujana1
1Faculty of Law, Universitas Warmadewa, Denpasar, Indonesia
*Corresponding author. Email: sripuspadewinyoman@gmail.com
Corresponding Author
Ni Nyoman Sri Puspadewi
Available Online 31 December 2023.
DOI
10.2991/978-2-38476-180-7_124How to use a DOI?
Keywords
Control of Coastal Land; Land Mafia; Foreigners; Tourism Business
Abstract

This essay undertakes an analysis of the phenomenon of “Control of Coastal Land by Foreigners Through the Land Mafia” and its potential implications for the tourism industry in Bali. This essay centres on the examination of the legal dimensions pertaining to the control of coastal land by foreign individuals via the Land Mafia, and the subsequent ramifications this phenomenon has on tourism enterprises in Bali. The author employs various empirical legal research methodologies, including a statutory and regulatory approach, a conceptual approach, a sociological approach, and a case approach, to analyse the legal issue at hand. Drawing upon the theoretical frameworks of authority, utility, and legal protection, it becomes apparent that the ownership of coastal land in Bali is intricately intertwined with the presence of land mafia, thus exerting a significant influence on the local tourism industry. Similarly, the management of coastal land in Bali is not exempt from foreign control, which involves the presence of land mafia. This control is established through both legal and illegal investments, exploiting mutually advantageous collaborations with local residents and Ada Village officials, with the aim of profit sharing. The Balinese people possess a distinctive culture imbued with Hindu religious elements, which permeate their daily lives and influence their engagement in the tourism industry. Central to their approach is the adherence to the “Tri Hita Karana Philosophy,” which guides their conduct in fostering harmonious relationships between “Man and God,” “Man and Nature,” and “Humans with other Humans.” This philosophy encompasses the principle of good faith in investment, which necessitates that the control of coastal land by foreign entities for tourism-related business activities adheres to this esteemed principle. However, empirical evidence reveals that the control exerted by foreigners over coastal lands in Bali often exploits the land mafia, masquerading as mutually advantageous collaborations. Regrettably, this practise tends to undermine the utilisation of traditional villages in uphol In this particular scenario, the notion of mutually beneficial cooperation encompasses the ulterior motives of foreign entities who engage the land mafia in order to exert control over Bali’s land for personal financial gain, disregarding the intrinsic value and sanctity of Bali’s natural environment that is inherent in the concept of mutually beneficial cooperation.

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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Volume Title
Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 December 2023
ISBN
10.2991/978-2-38476-180-7_124
ISSN
2352-5398
DOI
10.2991/978-2-38476-180-7_124How to use a DOI?
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.

Cite this article

TY  - CONF
AU  - Ni Nyoman Sri Puspadewi
AU  - I Nyoman Sujana
PY  - 2023
DA  - 2023/12/31
TI  - Control of Coastal Land by Foreigners Through the Land Mafia and Its Implications for Tourism Business in Bali
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 1220
EP  - 1230
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_124
DO  - 10.2991/978-2-38476-180-7_124
ID  - Puspadewi2023
ER  -