The Efforts of Bangli Regency in Managing Tourism Batur-Kintamani Region as a World Heritage

I. INTRODUCTION

     Tourism development is based on the principles of: benefits, kinship; just and equitable; balance; independence; sustainability; participatory; sustainable; democratic; equality; and unity. Which is realized through the implementation of the tourism development plan with due regard to diversity, uniqueness and cultural and natural uniqueness, as well as human needs for travel. Tourism functions to fulfill the physical, spiritual, and intellectual needs of every tourist by recreation and travel as well as increasing the country's income to improve people's welfare. Tourism aims to increase economic growth; improve people's welfare; eradicate poverty; overcome unemployment; preserving nature, environment and resources; promote culture; brighten up the nation's image; cultivate the love of the motherland; strengthen national identity and unity; and strengthen friendship between nations. The foregoing is described in Law Number 10 of 2009 concerning Tourism in the Chapter of Principles, Functions and Objectives. So that tourism policy is environmentally oriented, environmentally oriented, that is the unity of space with all objects, power, conditions, and living things, including humans and its behavior, which influences nature itself, the continuity of the lives and welfare of humans and other creatures as outlined in Law Number 32 of 2009 concerning the Environment. Or it can be said that tourism development is sustainable development and environmentally friendly, in: principles, principles, goals, direction of policy and strategy, as a normative guide.

Likewise, the very small island of Bali with the Province of Bali, consisting of: 8 Regencies and Cities, is the best tourism destination in the world and the other predicates it has are obligations to protect it and enhance it with environmental and cultural preservation policies. This intention has been realized with integrated Balinese tourism management, for example: Badung Regency has provided a proportion of the proceeds from tourism proportionally to the district of Bali, and has begun to pave the equitable development of tourism in all regencies throughout Bali.

     This paper is presented with the theme "Challenges of Tourism in Sustainable Bali Development", but is limited to tourism activities in Bangli Regency which is just beginning to stretch, with an article entitled: "The Bangli Regency's Efforts in Managing the Distortion of Batur-Kintamani Tourism as a World Heritage".

     Bangli, and especially Batur - Kintamani as a tourism area has been known in foreign countries as a gift for its natural beauty and other benefits with Batur-Kintamani getting other benefits even though it is not in physical form, that is, after it has been designated as a Destination Management Organization (DMO) area, which means it has the support of development and empowerment facilities from the government. These gifts include:

The first is the recognition of an organization under the auspices of the United Nations that handles education and culture, UNESCO, as the Word Heritage Site. Secondly, the entry of Batur-Kintamani into the international network of Geopark Network, together with the Ayun park in Mengwi, Badung, the Jati Luih rice field area in Tabanan, Danau and Ulun Danu Batur Temple.

      The restructuring of the Kintamani tourism area with its geopark leads to the authority and responsibility of the Regent in the protection and utilization of the Batur Geopark. Including the building's inner border and the Batur Caldera gorge, quarry mining c. So that the implementation there is the Culture and Tourism Office, the Forest Service, the Natural Resources Conservation Center (BKSDA), with Law Number 41 of 1999, and the Governor of Bali as granting mining permits (because with Law No.23 of 2014 concerning Regional Government, authority mining moves from district / city to province). This brings consequences when each institution makes its own policy (sectoral ego). How is the implementation of preservation and development that can improve people's welfare?

II. DISCUSSION

     "The Bangli Regency's Efforts in Managing Tourism Batur-Kintamani Region as a World Heritage", is a manifestation of the theme: "The Challenges of Tourism in Sustainable Bali Development". This can be seen from the tourism activities in the success of Geopark and Batur Volcano Tourism, as the legal basis that it applies.

      Legal System in Sustainable Development

     The Legal System in Sustainable Development is very complex, because tourism is developed to be able to encourage economic activities and improve the image of Indonesia, improve the welfare of local communities, and provide expansion of employment opportunities. Tourism development utilizes the diversity of natural beauty charm and national potential as the world's largest marine tourism area in a wise and sustainable manner, as well as encouraging economic activities related to the development of national culture (Law No.17 of 2007 concerning Long-term Development Plan 2005-2025) and many more rules that explicitly define sustainable tourism development. This is an expression of Article 33 paragraph (3), paragraph (4), and paragraph (5) of the 1945 Constitution of the Republic of Indonesia. Article 33 paragraph (3) states that: "The earth and water and natural resources contained in it is controlled by the state and used for the greatest prosperity of the people ". Article 33 paragraph (4): "The national economy is organized on economic democracy with the principles of togetherness, fair efficiency, sustainable, and by maintaining a balance of progress and national economic unity. Article 33 paragraph (5): "Further provisions regarding the implementation of this article are regulated in the law". the law as a form of its elaboration is related to sustainable development, others:

A. Law No. 5 of 1960 concerning Basic Rules for Agrarian Principles

      The relationship between the Indonesian people and the earth, water and space and the natural resources contained therein is an eternal relationship, which is based on the readiness in article 33 paragraph 3 of the Constitution and matters as referred to in article 1, earth, water and space , including the natural wealth contained therein is at the highest level controlled by the state, as an organization of power for all people (Article 2 paragraph 1). In paragraph 2: The right to control the state referred to in paragraph 1 of this article authorizes:

a. To regulate and carry out the designation, use, supply and maintenance of the earth, water and space;

b. Determine and regulate legal relations between people and earth, water and space;

c. Determine and regulate legal relationships between people and legal actions regarding earth, water and space.

If the scheme is described, then: earth, water, space and natural resources controlled by the state article 2 paragraph (1), the separation is divided into articles 14, 16, 4, and article 2 paragraph (4).

Article 14 provides that:

1. The government in the context of socialism is a general plan regarding the supply, designation and use of the earth, water and space as well as the natural resources contained therein:

a. For state needs;

b. For the purposes of worship and other sacred purposes, in accordance with the basis of the Almighty God;

c. For the needs of community life centers, social, cultural and other welfare.

d. For the purpose of developing agricultural, livestock and fisheries production and in line with it;

e. For the purposes of industrial development, transmigration and mining.

 Article 4 paragraph (1) in conjunction with article 16 determines that the state determines the types of land rights that can be owned by persons and entities, including:

 a. Right of ownership,

 b. Cultivation Rights

, c. Building rights,

 d. Usage rights,

 e. Lease rights,

 f. Right to open land,

 g. The right to collect forest products,

 h. Rights which are not included in the aforementioned rights will be stipulated by law as well as temporary rights as mentioned in article 53.

     That the right to control of the state in its implementation can be authorized in the district / city and customary law community unit.

B. Law Number 41 of 1999 concerning Forestry

     This forestry law divides forests into 3 main functions, namely: protected forest areas, conservation forests and production forests. Protected Forest and Conservation Land are designated or designated as part of a Protected Area. In Article 7 of Law No.41 of 1999, it regulates that the conservation forest as referred to in article 6 paragraph (2) letter a consists of: a. Nature reserve forest area, b. Nature conservation forest area, and c. Park hurry up. Article 24 further stipulates that: Utilization of forest areas can be carried out in all forest areas back to the nature reserve forests as well as the core and jungle zones of the national parks. Article 26 paragraph (1): utilization of protected forest can be in the form of area utilization, utilization of environmental services, and collection of non-timber forest products. Article 66, that in the framework of administering forestry, the government relinquishes a portion of the authority to regional governments to increase the effectiveness of forest management in the context of developing regional autonomy. This article illustrates the existence of decentralization even though its authority is only the operation of general and basic policies that are still held by the central government.

     C. Law Number 26 of 2007 concerning Spatial Planning

            Law Number 26 of 2007 concerning Spatial Planning, is a substitute for Law Number 24 of 1992. Article 5 paragraph (2) of Law No.26 of 2007 states that: Spatial planning based on the main function of the area consists of protected areas and arable areas power. The elucidation of this article states that spatial planning based on the main function of the area is a component in spatial planning both based on administrative areas, regional activities, and the strategic value of the area. Protected areas in this case, are meant are:

a. Areas that provide protection to subordinate areas: protected forest areas, peat areas, d, peat areas, and water catchment areas;

b. Local protection areas, including: coastal borders, river borders, areas around lakes / reservoirs, and areas around springs;

c. Nature reserve areas and cultural reserves, including: nature reserve areas, marine and other marine sanctuary areas, mangrove forested areas, national parks, grand forest parks, nature parks, nature reserves, wildlife sanctuaries, and cultural heritage areas and Science ;

d. Natural disaster areas, including: areas prone to natural disasters, including: areas prone to volcanic eruptions, areas prone to earthquakes, areas prone to landslides, areas prone to tidal waves, and flood areas; and

e. Other protected areas, for example: hunting parks, biosphere reserves, nuftah plasma protection areas, wildlife refuge areas, and coral reefs.

D. Bali Province Regional Regulation Number 16 of 2009 concerning Provincial Spatial Planning 2009 - 2029

      Bali Provincial Regulation Number 16 of 2009 concerning Provincial Spatial Planning 2009 - 2029, in Article 2 and its explanation, determines the RTRWP principle, namely:

a. Tri Hita Karana, which is meant is the philosophy of life of the Balinese people which includes three elements that build a balance and harmony of relations between humans and God, humans and humans, and humans with their environment which is a source of prosperity, peace and happiness for human life.

b. Sad Kertih, what is meant is six sources of prosperity that must be preserved to achieve physical and mental happiness which consists of atma kertih, wana kertih, danu kertih, segara kertih, jana kertih and jagat kertih.

c. Integration, which means that spatial planning is carried out by integrating various interests that are cross-sectoral, cross-regional, and stakeholder levels. Stakeholders, including: Government, Regional Government and the community.

d. Harmony, harmony, and balance, are meant that spatial planning is carried out by realizing harmony between spatial structure and spatial patterns, equality between human life and the environment, growth and development balance between regions and between urban and rural areas.

e. Sustainability, which is meant is that spatial planning must be carried out by ensuring the sustainability, sustainability of the carrying capacity, and the capacity of the environment by taking into account the interests of future generations.

f. Usability and effectiveness, what is meant is that spatial planning must be carried out by optimizing the benefits of the space and resources contained therein and ensuring the realization of a quality layout.

g. Openness, what is meant is that spatial planning is carried out by giving the widest possible access to the public to obtain information relating to the arrangement

2.2. . The rule of law, the administration of government and authority

            State law

                Legal issues regarding governance arrangements in the Province of Bali, especially in the arrangement of tourism in Bangli Regency in this case the Batur-Kintamani Tourism Destination, are first examined based on the rule of law because the problem of government regulation must be based on law. The concept of the rule of law used is the concept of the rule of law state by F.J. Stahl, whose third element is a government based on legal regulations. F.J. Stahl developed the idea of ​​Immanuel Kant by establishing the principles of liberalism put forward by Rousseau, so that the formal rule of law was born. Four rechtstaat elements from Immanuel Kant (1724-1804) and Friedrich Julius Stahl:

1. There is a guarantee of protection for human rights;

2. The Montesquieu trias politica's power distribution;

3. Government actions based on law;

4. The existence of state administrative justice [1]

                According to Dicey in a country with the Anglo Saxon system, the rule of law concept is known to refer to the rule of law with elements consisting of: supremacy of law, equality before the law, and the constitution based on indifidual rights. [2] Where the rule of law in the sense that there is no arbitrariness so that everyone can only be punished if it violates the law; Equal position before the law, both for ordinary people and for officials; and guaranteeing human rights by law and court decisions. [3] This concept teaches that the order of life between individuals refers to the rules of the game that are agreed upon and used as reference in conducting relationships and legal actions. Meanwhile, according to the International Commission of Jurist, in its conference in Bangkok in 1965, formulating the conditions for democratic governance were:

1. Constitutional protection;

2. A free and impartial judicial body

3. Free elections;

4. Freedom of expression.

5. Freedom of association and opposition;

6. Civics Education (civil education) [4]

This is very relevant in this study, so that the actions of the regional government must be based on the laws and regulations set out in Law No.23 of 2014 concerning Regional Government, especially those concerned with the arrangement of the Kintamani Tourism area.

      Government Administration

The principle of regional government implementation (deconcentration, decentralization, and co-administration) is used because government affairs organized by the Regional Government are devolved from a higher government, so from these governance principles it will be known how the distribution of authority from the higher government to lower government. That is, based on the principle of decentralization, the transfer of authority occurs, deconcentration of delegation of authority and co-administration assignments occur, namely from the higher government to the lower level government.

Decentralization is one of the objects of the study of state science (staats wissenschaft) which according to George Jellinek puts decentralization in the theory of the joints of government (in algemene staats rechts lehre) in addition to state form theory, state elements theory, constitutional theory, representative agency theory, theory joints of government, state equipment theory and the theory of cooperation between countries. [5]

Decentralization is the transfer of authority from the environment of the central government (central government) to the environment of local government (local government), to regulate and manage the region based on the real underlying conditions. While the principle of deconcentration principle is the delegation of authority from the government to the governor as a representative of the government and / or central apparatus in the region. [6]

      Authority

 Authority is a very important and initial part of administrative law, because the administration (administration) can only carry out its functions on the basis of the authority it obtains, meaning that the validity of government actions is based on the authority regulated in statutory regulations (legalitiet beginselen) [7]

            According to S.F. Marbun, authority implies the ability to carry out a public legal action, or legally is the ability to act provided by the applicable law to conduct legal relations [8]

            The concept of authority from the government can be obtained in several ways. Ibrahim R was first obtained through attributie, after which a delegation was carried out (afgeleid) and was carried out in two forms: delegatie and mandaat. Delegation is carried out by those who have the authority and loss of authority within a certain period, the recipient acts on behalf of himself and

B. CLOSING

  Arranging the distortion of Batur - Kintamani tourism in the sense of preservation and development that can bring prosperity to the community, is by applying the rule of law in this case in the Batur Area Tourism Distination - Kintamani has several authorities, such as: - The authority of the Culture and Tourism Office with the enforcement of regulations the tourism sector as its legal basis, for example: Law No.10 Th 2009, PP No.67 Th 1996, PP No.50 Th 2011, Presidential Instruction No.16 Th 2005, Regional Regulation Number 17 Year 2016 concerning Geological Protection of the Geopark Batur Area, and other things. - The authority of the Governor of Bali in granting mining permits in accordance with Law No.23 Th2014 concerning Regional Government. - the authority of the Forestry Service and the Natural Resources Conservation Agency: Law No.49 of 1999 concerning Forestry. The exercise of each of these authorities in their development is in the form of policies. For example there are those who occupy forest lands for agriculture, acts that violate the edge of the cliff, actions that violate mining permits and continue.

Finally, decisive action must be implemented by agencies that each have authority in certain zones and of course the initial emphasis is on coordination or cooperation of each agency so that there is no overlapping of policies in one region.

BIBLIOGRAPHY

  1. Ibrahim R, 2010, Internacional Legal Status and Internacional Agreements: Problems with Theory and Practice, UNUD, Denpasar

 2. Krishna D Darumurti and Umbu Rauta, 2003, Regional Autonomy: Development of Thought, Regulation, and Implementation, Pt Citra Aditya Bakti, Bandung

 3. Sadjijono, 2008, Understanding Some of the Basic Chapters of Administrative Law, LaksBang Government of Ressindo, Yogyakarta

  4. S.F. Marbun, 1997, "State Administrative Law Courts and Administrative Efforts in Indonesia, Liberty, Yogyakarta,

  5. Ibrahim R, 2005, The Strategic Role of Civil Servants to Create Democratic Governance (Inaugural Speech of the Position of Professor of Legal Affairs in the State Administration at the Law Faculty of Udayana University), publisher of Udayana University (hereinafter referred to as Ibrahim R II).

6. Philipus M.Hadjon, et al, 1993, Introduction to Indonesian Administrative Law (Introduction to the Indonesian Administrative Law), Gajah Mada Universicity Press, Yogyakarta

 7. Munir Fuady, 2009, Modern State Theory (Rechtstaat), PT. Refika Aditama, Bandung 8. Firdaus, 2007, The Responsibility of the President in the State of Democratic Law, Yrama Widya, Bandung.

9. Abu Daud Busroh, 2001, State Science, PT Bumi Aksara, Jakarta.

10. Bangli Regency Tourism Development Master Plan (RIPPARDA), 2013

LIST OF REGULATORY REGULATIONS

Law No.23 of 2014 concerning Regional Government

Law No.5 of 1960 Basic Regulations on Agrarian Principles

 Law Number 10 of 2009 concerning Tourism

 Law Number 32 of 2009 concerning the Environment.

Law Number 41 of 1999 concerning Forestry.

 Law Number 26 of 2007 concerning Spatial Planning

 Bali Provincial Regulation Number 16 of 2009 concerning Provincial Spatial Planning for 2009 - 2029

Bangli Regency Level II Regional Regulation No.13 of 1991 concerning First Amendment Bangli Regency Level II Regional Regulation No. 1 / PERDA / 1981 concerning Prohibition of erecting Buildings on the Left and Right Lines along the Roads Defined as Green Lines in the Regional Regencies Level II Bangli.

Decree of the Head of the Second Level Region of Bangli No. 0656 in 1997 concerning the Border Line of Buildings in the District Level II of Bangli

Regional Regulation of Bangli Regency Number 17 Year 2017 regarding Geological Protection of Batur Geopark Area

[1] Ibrahim R, 2010, Internacional Legal Status and Internacional Agreements: Problems with Theory and Practice, UNUD, Denpasar, p.4.

[2] Munir Fuady, 2009, Modern State Theory (Rechtstaat), PT. Refika Aditama, Bandung, p.10.

[3] Firdaus, 2007, Responsibility of the President in the Democratic Democratic Law State, Yrama Widya, Bandung, p. 33.

[4] Munir Fuady, Op.Cit., P. 10

[5] Abu Daud Busroh, 2001, National Science, PT Bumi Aksara, Jakarta, pp.12-14.

[6] Krishna D Darumurti and Umbu Rauta, 2003, Regional Autonomy: Development of Thought, Regulation and Implementation, Pt Citra Aditya Bakti, Bandung, pp.8-14.

[7] Sadjijono, 2008, Understanding Some of the Basic Chapters of Administrative Law, LaksBang of the Government of Ressindo, Yogyakarta, p.49.

[8] S.F. Marbun, 1997, "State Administrative Law Courts and Administrative Efforts in Indonesia, Liberty, Yogyakarta, p.154-155.

[9] Ibrahim R, 2005, Strategic Role of Civil Servants to Achieve Democratic Governance (Speech of Inauguration of Professor Position) in the Field of Law of State Administration at the Faculty of Law of Udayana University), Udayana University Publisher, Denpasar,