The Right to a Clean Tourism Environment: a Perspective on Human Rights and Tourism

Tourism constitutes a vital economic sector for numerous countries, including Indonesia, with Bali serving as a prominent destination. However, the expansion of this industry has precipitated significant environmental challenges, particularly concerning waste management and environmental sanitation. The right to a clean and healthy environment is recognized as a fundamental human right under various international legal instruments, including the Stockholm Declaration (1972) and the Rio Declaration (1992). In Indonesia, this right is enshrined in Article 28H of the 1945 Constitution and further reinforced by Law No. 32 of 2009 on Environmental Protection and Management. This study employs normative legal research with a comparative approach to assess the consistency of legal frameworks governing the right to a clean tourism environment in Bali and the legal challenges encountered in its implementation compared to other jurisdictions. The findings indicate that despite regulatory measures such as Bali Governor Regulation No. 97 of 2018, which prohibits the use of single-use plastics, enforcement remains hindered by deficiencies in public compliance and waste management infrastructure. A comparative analysis with Japan, Palau, Norway, and Germany underscores that the efficacy of environmental policies is contingent upon a combination of stringent regulations, consistent enforcement mechanisms, and active public participation. Accordingly, an integrative approach—comprising regulatory reinforcement, enhanced public awareness, and innovative environmental management—is imperative to ensure the sustainability of tourism in Bali.

Authors

Publication Details

Journal
JIHAD Jurnal Ilmu Hukum dan Administrasi
Published
2025-03-01
DOI
https://doi.org/10.58258/jihad.v7i1.8410
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
0.00
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article

The Right to a Clean Tourism Environment: a Perspective on Human Rights and Tourism

Bagus Gede Ari Rama
JIHAD Jurnal Ilmu Hukum dan Administrasi
Environmental law and policy
article

The Right to a Clean Tourism Environment: a Perspective on Human Rights and Tourism

Bagus Gede Ari Rama
article en

Abstract

Tourism constitutes a vital economic sector for numerous countries, including Indonesia, with Bali serving as a prominent destination. However, the expansion of this industry has precipitated significant environmental challenges, particularly concerning waste management and environmental sanitation. The right to a clean and healthy environment is recognized as a fundamental human right under various international legal instruments, including the Stockholm Declaration (1972) and the Rio Declaration (1992). In Indonesia, this right is enshrined in Article 28H of the 1945 Constitution and further reinforced by Law No. 32 of 2009 on Environmental Protection and Management. This study employs normative legal research with a comparative approach to assess the consistency of legal frameworks governing the right to a clean tourism environment in Bali and the legal challenges encountered in its implementation compared to other jurisdictions. The findings indicate that despite regulatory measures such as Bali Governor Regulation No. 97 of 2018, which prohibits the use of single-use plastics, enforcement remains hindered by deficiencies in public compliance and waste management infrastructure. A comparative analysis with Japan, Palau, Norway, and Germany underscores that the efficacy of environmental policies is contingent upon a combination of stringent regulations, consistent enforcement mechanisms, and active public participation. Accordingly, an integrative approach—comprising regulatory reinforcement, enhanced public awareness, and innovative environmental management—is imperative to ensure the sustainability of tourism in Bali.

JIHAD Jurnal Ilmu Hukum dan AdministrasiVol. 7(1)
Openalex Percentile: Top 86%
Environmental law and policy
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The Right to a Clean Tourism Environment: a Perspective on Human Rights and Tourism — Bagus Gede Ari Rama · JIHAD Jurnal Ilmu Hukum dan Administrasi (2025) | TGRS Research Map | TGRS