The Regulatory Failure of Spatial Planning and its Environmental Impact A Case Study of Hotel Projects in Bali, Indonesia

Purpose – This paper aims to explain the impact of spatial planning regulations in the development of hotels in Bali, particularly as regards environmental damage. It then analyzes the factors that cause spatial planning to fail to prevent environmental damage. Design/methodology/approach – This paper is based on both fieldwork and library research, and a broadly socio-legal approach is adopted, involving a combination of doctrinal research and empirical legal method. Findings – This paper finds that inter-related legal, political and economic factors contribute to this failure, including conflicting regulations on the review and amendment of spatial plans; the pursuance of economic enrichment; and an unsustainable approach to economic development. Although some or even all of these factors may have seemed obvious from the start, because they are common causes of regulatory failure, this paper demonstrates empirically that they are exacerbated and made more challenging because of the interrelationship between legal, political, and economic factors. Research limitations/implications – Given the existence of intertwined legal, political and economic factors behind the regulatory failure of spatial planning, more studies need to be undertaken to restore spatial planning objectives as a means of preventing tourism projects in Bali from damaging the environment. Originality/value – The author proposes a reform to make spatial planning regulations more effective, particularly in preventing environmental damage by tourism projects.