LOCAL GOVERNMENT AUTHORITY IN PREVENTING TERRORISM DISORDERS FOR SUSTAINABLE TOURISM
28/06/2020 Views : 534
I MADE ARYA UTAMA
INTRODUCTION
Tourism has become one of the mainstay sectors of various countries in the world including Indonesia and the Local Government in Bali, as a source of foreign exchange from non-oil and gas income. Tourism with a variety of objects and tourist attractions along with supporting facilities and services provided by the community, business people, the Government, and Local Governments, besides bringing benefits also produce negative impacts. The development of tourism at this time has brought various negative impacts, one of them on environmental sustainability and its functions. Therefore, the paradigm of developing the tourism industry in various countries in the world today, including Indonesia, is directed at the development of eco-friendly tourism. In this regard it is interesting to examine the authority of the Regional Government in facing the threat of theology to be able to realize sustainable regional tourism.
RESULTS AND DISCUSSION
The number and types of diverse tourism products have made tourism in Bali develop rapidly. Tourism in Bali has now become one of the economic engines for the community and local revenue enhancer or locomotive. Badung Regency is one of the regencies in Bali that has the largest original income, because Badung is the center of Bali tourism which has the most complete and quality tourism accommodation facilities compared to other regencies in Bali. The Province of Bali has diverse and popular tourist objects and attractions abroad for a long time. Regarding tourist objects and attractions that are targeted by tourists in the Province of Bali, among others:
a. natural tourist attraction created by God Almighty, such as Sanur Beach, Kuta Beach, Pendawa Beach, Mount Batur Geopark, and Lake Beratan.
b. tourist attractions that are the result of creativity, initiative, and human taste include historical museums, historical relics, arts and culture, agro tourism, hunting tours, nature adventure tours, recreational parks, and entertainment complexes.
c. special interest tourist attractions according to the interests of tourists such as hunting, biking, mountain climbing, caving, shopping, rushing river tours, places of worship, such as Uluwatu Temple, Taman Ayun Temple, Besakih, Goa Lawah.
The number of foreign tourists coming to Bali in general and Badung Regency in particular is increasing after the Bali Bombing, and even exceeding the target set by the government, both domestic and foreign tourists. The peak occurred in 2016 tourist visits to Bali such as Badung regency experienced a fairly high increase, with 4,356,816 people in 2014, an increase in 2015 to 4,483,982 people and in 2016 an increase of 5,184,833 people. While in 2017 it decreased due to the eruption of Mount Agung and in 2020 it decreased due to the CORONA-19 pandemic. Revenue from the tourism sector is one of the non-oil and gas sector revenue sources in addition to other economic sectors.
One of the Obligatory Government Affairs matters relating to Basic Services that are concurrent between the Central Government and the Regions is related to peace, public order, and community protection. This authority in Article 65 paragraph (1) letter b of Law no. 23 of 2014 concerning Regional Government is stipulated as one of the tasks of the Regional Head or Regent / Mayor. Meanwhile, technically the authority was exercised by the Civil Service Police Unit (SatPol PP) which was part of the Regencyt Government apparatus. This is in line with the provisions of Article 3 paragraph (2) Government Regulation No. 16 of 2018 concerning the Civil Service Police Unit which stipulates "Satpol PP regency/city in carrying out their duties responsible to the regents / mayors through the regency/city regional secretary".
One of the Satpol PP authorities is based on the provisions of Article 255 paragraph (2) letter b of Act No. 23 of 2014 in carrying out these tasks is cracking down on citizens, officials, or legal entities that interfere with public order and public peace. Activities in organizing public order and public peace include activities such as early detection and prevention, guidance and counseling, security, control including prevention against terrorism.
Satpol PP in carrying out the tasks of public order and peace of society can ask for assistance from the Indonesian National Police and Army when their duties have extensive social impact and high risk. On the other hand Satpol PP in carrying out community protection can involve the community by providing guidance to the community. Thus the Badung Regency Government through the Regent and the apparatus of the relevant regional apparatus organizations are obliged to realize public order and peace of society in their region, including from the threat of terrorism.
The Regional Government and related institutions together with the community must ensure that the tourist destinations visited are safe from all security threats, especially the threat of terrorism. Terrorist crimes that have occurred both at home and abroad have been proven to greatly affect tourist visits. Etymologically, terrorism in English comes from the word "to terror", in Latin it is called "Terrere" which means to tremble or vibrate. The Big Indonesian Dictionary interprets the word terror as an attempt to create fear, horror, and cruelty. Terror is a form of thought, whereas terrorism is an organized act or act of terror in such a way as to cause fear and horror to the public. This is in line with the provisions of Act No. 5 of 2018 concerning amendments to Act No. 15 of 2003 concerning the establishment of Government Regulations in lieu of Act No. 1 of 2002 concerning the eradication of criminal acts of terrorism, which stipulates terrorism crimes as "activities that use violence or threats of violence that create an atmosphere of terror, or widespread fear, which can result in mass victims, and or cause damage or destruction to vital objects strategic, environmental, international facilities with ideological, political or security interference.
Acts of terrorism also means that attacks carried out are not humane and have no justification. The criminal act of terrorism is a very disturbing phenomenon of the international community including Indonesia. All forms of terror that have occurred have caused widespread anxiety in the community, disrupted national stability, the emergence of mutual suspicion in society, and can threaten civilization universally. The impact of terrorism crime is so great that all parties, regionally, nationally, regionally and internationally, work together in combating terrorism.
The bombing in Bali is the beginning of terrorist acts in Indonesia. After the successive terrorist attacks hit Bali in October 2002 and other regions in Indonesia, all aspects of life, especially tourism activities, improved themselves from within, including policies from the center that formed special anti-terror forces and established legislation to overcome these acts of terror. The criminal act of terrorism, aside from being a form of radicalism, is classified as an Extra Ordinary Crime or included as an extraordinary crime, as well as being included in crimes againts humanity or included in crimes against humanity which constitute a very large crime in the eyes of the world community.
To respond the danger of terrorism, the Central Government has enacted the Law on Criminal Act No. 5 of 2018 concerning Amendments to Act No. 15 of 2003 concerning the enactment of Government Regulation in Lieu of Act No. 1 of 2002 concerning the eradication of criminal acts of terrorism. Furthermore, the Ministry of Tourism and Creative Economy has stipulated Ministerial Regulation No.106/PW. 006/MPEK/2011 related to hotel security as part of overall management activities that include the company's organizational structure, planning, responsibilities, implementation, procedures, processes, and resources needed for developing implementation, achievement, review and maintenance, security policies, in the context of controlling risks related to business activities in order to create a safe, efficient and productive environment. Meanwhile, the Locall Government in order to strengthen the effectiveness of the above legal products can take preventive measures through cooperation with the community to prevent premature birth and the threat of terrorism. On the other hand, with or without the support of the Police and/or TNI institutions, they provide guidance and counseling, safeguarding and controlling the things that can be expected to give rise to the threat of terrorism. On the other hand, the Regional Government that manages tourism accommodation can continue to encourage the implementation of hotel security management systems by hotel managers in accordance with the legal basis of the Ministry of Tourism and Creative Economy mentioned above. The application of these regulations becomes one of the security standards for vital objects supporting tourism activities. Hotel security must be carried out professionally, with integrity, to prevent and reduce losses due to disruption of disasters and to create a workplace that is efficient and productive.
A responsive participatory law enforcement approach needs to be developed by the Provincial Government of Bali in preventing the birth or threat of terrorism in Bali. The existence of information from the community is very much needed by the Regency/City Government in Bali in connection with the latent danger of terrorism with/without including the Police, the Indonesian National Armed Forces, Social Institutions, Religious Harmony Forum, Adat Village Council and community leaders. This is in line with Article 43B paragraph (1) of Act no. 5 of 2018 which stipulates "national preparedness is a condition of being prepared to anticipate the occurrence of criminal acts of terrorism through a planned, integrated, systematic and continuous process". Furthermore Article 43B paragraph (4) explains the national preparedness referred to in paragraph (1) is carried out through community empowerment, enhancing the ability of the apparatus, protection and improvement of facilities and infrastructure, development of terrorism studies, and mapping of areas prone to understanding radical terrorism ". The participatory principle that places the community as a law enforcement partner needs to be optimized by the Regional Government in maintaining security, especially the safety and comfort of tourists in each of their visits to tourism destinations.
Normatively, preventive forms of participatory law enforcement between the Government and all related parties can be stated through legal products. In this case, the legal product will regulate the rights and obligations between the Regional Government, the community, and entrepreneurs to jointly prevent birth and the threat of terrorism. The regulation of rights and obligations clearly and decisively will provide legal certainty regarding the actions that can be carried out by related parties in providing tourist comfort and security from the threat of terrorism. When this can be realized, sustainable tourism in Bali will be realized.
CLOSING
Tourism activities are very sensitive to the threat of terrorism because it involves the comfort and safety of tourists. The crime of terrorism is a serious crime that affects the sustainability of tourism activities in Bali. Responsive participatory law enforcement that is preventive needs to be developed by local governments in preventing birth or the threat of terrorism. The Provincial Government together with the Regency / City Government in Bali can take preventive actions through collaboration with the community to prevent premature birth and the threat of terrorism. On the other hand, with or without the support of the Police and / or TNI institutions, they provide guidance and counseling, security and control of matters that can be expected to give birth to the threat of terrorism.
Terrorism is not only a threat to society and humanity in certain territories, but also affects tourism activities so it needs to be prevented. The threat of terrorism can threaten the comfort and security of the lives of people who are on tour so that it requires the role of all parties in Bali to raise humanity's awareness to respect human rights both related to the right to life and the right to travel. In this connection it is recommended to local governments to develop responsive participatory law enforcement policies that are preventive between the Government and all related parties through the formation of regional legal products.