The regulatory failure of spatial planning and its environmental impact: a case study of hotel projects in Bali, Indonesia
| DOI | https://doi.org/10.1108/JPPEL-10-2021-0048 |
| Published date | 18 May 2022 |
| Date | 18 May 2022 |
| Pages | 25-44 |
| Subject Matter | Property management & built environment,Building & construction,Building & construction law,Real estate & property,Property law |
| Author | I Gusti Ngurah Parikesit Widiatedja |
The regulatory failure of spatial
planning and its environmental
impact: a case study of hotel
projects in Bali, Indonesia
I Gusti Ngurah Parikesit Widiatedja
Faculty of Law, Udayana University, Bali, Indonesia
Abstract
Purpose –This paper aims to explain the impact of spatial planning regulations in the development of
hotels in Bali, particularlyas regards environmental damage. It then analyzes the factorsthat cause spatial
planningto fail to prevent environmentaldamage.
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 interrelatedlegal, political and economic factors contribute to this failure,
including conflicting regulationson 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 seemedobvious from the start, because they are common causes of regulatoryfailure, this
paper demonstrates empirically that they are exacerbated and made more challenging because of the
interrelationshipbetween legal, political and economicfactors.
Research limitations/implications –Given the existence of intertwined legal,political and economic
factors behindthe regulatory failure of spatial planning, more studiesneed to be undertaken to restore spatial
planningobjectives as a means of preventing tourism projectsin Bali from damaging the environment.
Originality/value –The author proposes a reform to make spatial planning regulationsmore effective,
particularlyin preventing environmental damage by tourism projects.
Keywords Regulatory failure, Spatial planning, Environmental impact, Bali, Hotel projects
Paper type Research paper
1. Introduction
This paper is about the importance of spatial planning regulations in Bali, Indonesia, and
their failure. The European Conference of Ministers Responsible for Regional and Spatial
Planning (CEMAT) (1983) defines spatial planning in The Torremolinos Charter in the
following way:
Regional/spatial planning gives geographical expression to the economic, social, cultural and
ecological policies of society. It is at the same time a scientific discipline, an administrative
technique and a policy developed as an interdisciplinary and comprehensive approach directed
towards a balanced regional development and the physical organisation of space according to an
overall strategy (Conference et al., 1983).
The authors would like to thank to Dr Jenny Beard and Professor Tim Lindsey as well as the
anonymous reviewers for their helpful comments.
Hotel projects
25
Received10 October 2021
Revised8 December 2021
1 February2022
19February 2022
26March 2022
1April 2022
12April 2022
Accepted21 April 2022
Journalof Property, Planning and
EnvironmentalLaw
Vol.14 No. 1, 2022
pp. 25-44
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-10-2021-0048
The current issue and full text archive of this journal is available on Emerald Insight at:
https://www.emerald.com/insight/2514-9407.htm
Spatial planning is often conceived in practicalterms by reference to the technical activities
of experts, professionals and government in designing spaces to anticipate and mitigate
adverse consequences from economic and political pressures (Hull, 1998) or to avoid the
inappropriate juxtaposition of incompatible land uses (Rydin, 2011). It also involves
deliberate government action to allocate, form and harmonize space for various uses,
including tourism (VanDer Valk, 2002).
Since the late 1960s, many developingcountries have turned their reliance from primary
product exports to international tourism as a means of supporting economic growth.
Referring to Ricardo’s comparativeadvantage (Ricardo, 1951), when a country specializes in
tourism businesses, tourismgrowth can increase the positive net tourism returns, leading to
more economic growth.Similar data indicates that the same trends are evident in Baliwhere
it relies on tourism as its primary engineof development. In 2019, 31% of businesses in Bali
were involved in the tourismindustry, contributing 68.17% of Bali’s gross regional domestic
product in 2019 (BPS, 2019).
However, the news is not all good in Bali. The presence of hotels has increased the
consumption of energy, water and waste production (Ministry of Tourism and Creative
Economy of the Republic of Indonesia, 2012). In 2015, 44% (181.3 km) of the total length
of beach in Bali (430 km) experienced erosion, with almost 20% (87km) being severely
damaged because of tourism activities (Ministry of Environment and Forestry, 2015).
Similarly, rice fields have been converted into sites for hotels and other tourism facilities,
leading to a decrease in food availability and the greater potential for flooding (Parker,
2011).
The significant impact tourism has had, and continues to have, on the environment
provides an ideal site to study the operation and effect of spatial planning regulations
in Indonesia. However, only a few studies are available and they do not discuss the
problem of spatial planning laws at length. For instance, Sukeni (2011) detects spatial
planning violation in the development of tourism accommodation, while Warren and
Agung (2018) criticize the existence of the environmental impact assessment (EIA)
regulations in preventing the overdevelopment of the tourism and real estate industry
in Bali. By using two major tourism projects in Bali, this paper suggests that spatial
planning laws in Bali are failing to achieve sustainable objectives due to legal, political
and economic factors.
The paper asks two central questions to try and understand why this environmental
damage has happened as a result of hotel projects. First, what effect have spatial planning
laws played in the development of hotels in Bali, particularly as regards environmental
damage? Second, what are the factors that have caused spatial planning to fail to prevent
environmental damage? There are two case studies in this paper. The Reclamation Project
will show the problems with spatial planning in seeking balance between economic and
environmental factors. The Mulia Project will show the ineffectiveness of planning controls
and lack of enforcement.
This research is significant as the increasein tourism development in Bali demonstrates
just how important effective spatialplanning laws are and what the consequences might be
if they fail in their objectives. These include the loss of coastal areas, damage to cultural
heritage and sacred sites and the loss of biodiversity(Buckley, 2012). Spatial planning laws
are one of the tools that can prevent environmental damage by current and future tourism
projects. But if these laws fail to achieve their objectives, then environmental damage will
continue to be suffered, particularly given that further tourism projects are already being
planned to be built over the next few years (BPS, 2019).
JPPEL
14,1
26
To continue reading
Request your trial