Coexistence of State Law and Customary Law in the Determination of Protected Rice Field Land in Tourism Accommodation Development in Badung Regency, Bali Province

The Indonesian government, through various policies and regulations, is trying to protect protected paddy fields (LSD) from being converted into non-agricultural functions, such as tourism, housing, and industrial development. One of these efforts is by issuing Decree of the Minister of ATR/BPN Number 1589/SKHK.02.01/XII/2021 concerning the Determination of Protected Rice Field Maps in various provinces, including Bali. Paddy fields in Bali have an important role not only in food security, but also in culture and economy, especially related to the Subak system that manages irrigation. However, more and more paddy fields are threatened by conversion, and this relates to the imbalance between agriculture and tourism sectors in Bali's development policy. The formulation of the problem in this research is 1). How is the problematic of protected paddy fields related to the development of tourism accommodation in Badung Regency? 2). How is the legal protection of protected paddy fields according to state law and customary law related to the development of tourism accommodation in Badung Regency? This research method uses empirical legal research. The objectives of this research include: 1). To review and analyze law enforcement against protected paddy fields in Badung Regency. 2). To review and analyze the legal protection of protected paddy fields in Badung Regency. From the research results, it is known that: 1) The development of tourism accommodation in Abiansemal District, Badung, diverts Protected Rice Fields (LSD) into tourism areas without clear licenses, damages the environment, and threatens local wisdom. The economic pressure of tourism, weak supervision, and policy inconsistency exacerbate the situation. Progressive law enforcement is needed to support sustainable development. 2) The approach to protecting paddy fields in Badung includes preventive policies such as LP2B, RTRW zoning, agricultural incentives, and awig-awig revitalization. The repressive approach involves state and customary law sanctions. Synchronization between state and customary law is needed for the effectiveness of land protection, maintaining food security, and preserving Balinese culture.

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Publication Details

Journal
Journal of Law and Regulation Governance
Published
2025-07-19
DOI
https://doi.org/10.57185/jlarg.v3i7.122
Citations
1
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
15.98
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article

Coexistence of State Law and Customary Law in the Determination of Protected Rice Field Land in Tourism Accommodation Development in Badung Regency, Bali Province

Made Suwitra, I Nyoman Suastika
1 citations
Journal of Law and Regulation Governance
Legal Studies and Policies
15.98
article

Coexistence of State Law and Customary Law in the Determination of Protected Rice Field Land in Tourism Accommodation Development in Badung Regency, Bali Province

Made Suwitra, I Nyoman Suastika
article en
1 citations

Abstract

The Indonesian government, through various policies and regulations, is trying to protect protected paddy fields (LSD) from being converted into non-agricultural functions, such as tourism, housing, and industrial development. One of these efforts is by issuing Decree of the Minister of ATR/BPN Number 1589/SKHK.02.01/XII/2021 concerning the Determination of Protected Rice Field Maps in various provinces, including Bali. Paddy fields in Bali have an important role not only in food security, but also in culture and economy, especially related to the Subak system that manages irrigation. However, more and more paddy fields are threatened by conversion, and this relates to the imbalance between agriculture and tourism sectors in Bali's development policy. The formulation of the problem in this research is 1). How is the problematic of protected paddy fields related to the development of tourism accommodation in Badung Regency? 2). How is the legal protection of protected paddy fields according to state law and customary law related to the development of tourism accommodation in Badung Regency? This research method uses empirical legal research. The objectives of this research include: 1). To review and analyze law enforcement against protected paddy fields in Badung Regency. 2). To review and analyze the legal protection of protected paddy fields in Badung Regency. From the research results, it is known that: 1) The development of tourism accommodation in Abiansemal District, Badung, diverts Protected Rice Fields (LSD) into tourism areas without clear licenses, damages the environment, and threatens local wisdom. The economic pressure of tourism, weak supervision, and policy inconsistency exacerbate the situation. Progressive law enforcement is needed to support sustainable development. 2) The approach to protecting paddy fields in Badung includes preventive policies such as LP2B, RTRW zoning, agricultural incentives, and awig-awig revitalization. The repressive approach involves state and customary law sanctions. Synchronization between state and customary law is needed for the effectiveness of land protection, maintaining food security, and preserving Balinese culture.

Journal of Law and Regulation GovernanceVol. 3(7)
Warmadewa University (ID)
Openalex Percentile: Top 2%
Legal Studies and Policies
15.98
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