COASTAL LAND UTILIZATION AS TOURISM ACCOMMODATION IN BULELENG

This research was conducted in Lovina Tourism Area. The problems raised in this thesis are: 1) how is the pattern of the control and use of coastal land for tourism accommodation in Lovina tourism area Buleleng regency? 2) What is the legal protection of coastal land rights used for tourism accommodation in the Lovina tourism area of Buleleng regency? And the finding in the field the acquisition of that the existing land in Lovina tourist area which is located in Kalibukbuk village, dominantly controlled by local community. This study belongs to empirical law study. In the case of the utilization of the lands possessed by the right ownership rights, there is also a leased to a third party. The technique used in collecting data required in this research is interview, observation and document. The result of the research is The development of tourism in the Lovina area of Kalibukbuk Village as the center of the Tourism Area that directly and indirectly affects the economic, social and cultural life of the community, and developments are included in the control and utilization of land in coastal areas and There are two kinds of legal protection, namely preventive and repressive law protection: Protection of repressive law against customary land in Lovina area is a form of legal protection that is done related to the dispute faced by its citizens through the settlement in the judiciary, In the protection of preventive law, to ensure legal certainty of state land and management rights, registration shall be made, as described in the Minister of Home Affairs Regulation No. 1 of 1977, so that the Right to Own, Use and Use Rights may be


INTRODUCTION
Coastal areas are highly vulnerable to many problems, both from physical and biological aspects as well as social, economic and cultural aspects.This problem, especially concerning natural resources as an obstacle which is an important ecosystem for the sustainability of human life, the natural resources itself and the environment as a whole.Lovina Beach is located about 9 kilometers west from Singaraja city.Lovina is one of the attractions in North Bali, Indonesia.Many foreign and local tourists are visiting this place.In addition to see the natural beach, tourists also come to this beach to see the dolphins in it.To be able to see the dolphins from close range, it is done by renting a local fishing boat.There are various lodgings, such as Inn and Cottages at a very affordable rate.Lovina is a coastal tourist area located in Buleleng regency, Bali, Indonesia which has main attraction, such as beach with calm sea water and blackish-colored sands.
Lovina area is called Kalibukbuk tourist area, but is better known as the tourist area Lovina.This area includes 2 (two) sub -districts, namely Buleleng sub-district which consists of Pemaron Village, Tukad Mungga Village, Anturan Village and Kalibukbuk Village; Banjar sub-district consisting of Kaliasem village and Temukus village.Lovina area is located 10 kilometers from Singaraja city, so the length of Lovina beach is about 8 kilometers.
Basic Regulation of Agrarian Principles as the basic rules and subject matter in the field of aggregate should be able to answer the problems that arise.But in reality the dispute is still going on continuously.
For indigenous peoples in Bali, talking about land means to talk about its existence.Symbolic-cultural ideas or properly called as socio-religious ideas of land for the people of Bali are a symbol of pertiwi (mother) which is seen not merely as a blessing of prosperity but also as a shelter and strength 1 .
Besides, for indigenous peoples of Bali, customary land is the lands whose rights of ownership are owned by customary law associations and their arrangements are still subject to the rules of customary law of society, such as awig-awig in Bali 2 .Land is also one of the important links as a kinship relationship in the Balinese human community structure, which makes various kinds of self-identity proof, especially on the determination of rights and obligations within the framework of social structure.Disconnection of indigenous peoples in Bali by land means the act of plucking the identity (position and function) of indigenous peoples from kinship ties.Problems arise when socio-religious values, simplistically, are confronted with a position of land solely positioned as an economic object.
In this regard, legislation permits the granting of land rights on coastal areas to but their use is adapted to the function of the area to become a protected area, whereas the people assume that control over land on the coast is closely related to its use, which means that controlling land means can use it too.The regulation on coastal zone management is regulated in Law Number 27 of 2007 concerning Coastal Areas and Small Islands.In this law, licensing under the form of Coastal Aquaculture Rights (HP-3) under the Department of Marine Affairs and Fisheries is regulated, while in the case of coastal coastal management is provided by the National Land Agency.
Based on these matters, it is deemed that research on land tenure and use in coastal areas with due regard to the rules that have been specified in legislation especially in Buleleng regency, especially in Lovina area needs to be done.
How is the pattern of control and exploitation of coastal land to become as tourism accommodation in Lovina Kabupeten Buleleng tourism area?What is the legal protection for land rights of Coastal Coast that is used as tourism accommodation in Lovina area of Buleleng Regency?

RESEARCH METHOD
This study was conducted using empirical legal research.Empirical law studies examine laws conceptualized as actual behavior, which is an unwritten social phenomenon, experienced by everyone in a community life relationship 3 .Furthermore, in the book about Pedoman Penulisan Tesis (Thesis Writing Guidance), it is explained that empirical law research has characteristic or character that moved from existence of gap between das solen with das sein that is gap theory with reality, or gap of theoretical condition with fact of law 4 .
The approach used in this empirical law research is: The statutory approach means the approach to reviewing the rules, norms applicable in society and research is directed to the legal functions of society in relation to the positive national laws prevailing in Indonesia such as the UUPA (Basic Agrarian Law) Conceptual Approach is intended to examine concepts related to governance and utilization of coastal land resources in realizing community welfare.In using a conceptual approach, researchers need to reference the legal principles that can be found in the views of legal scholars or legal doctrines.
The sociological approach of law is the approach used to examine the mutual influence between law and social phenomena that exist in society, pay attention to the influence of law or legislation regarding the control and utilization of coastal land with the behavior of society to the development of tourism area in Lovina.
The technique used in collecting data required in this research is: Interview Indepth interviews are conducted to obtain authentic data through structured conversations with the parties directly related to the problem.Here, the authors use guided interviews as well as guided interviews to lead the process of questionand-answer to a predetermined course, so be done by following a list of questions that have been prepared 5 .

Observation
Data collection with observation is the way of data retrieval using the eyes without any help of other standard tools for that purpose.Document Document Study is conducted by reviewing the relevant documents through content analysis method; referring to Berelson's content analysis formula which states "Content Analysis is a research technique for the objective, systematic, and qualitative description of the manifest content of communication 6 .This research was conducted in Lovina Tourism Area.There are several considerations for the selection of the location of this study, i.e.: The facts show that the development of Tourism industry in Lovina area is very rapid, causing many problems especially in the provision of land for the support of tourism industry and in land use, many land in coastal area used for tourism industry like, restaurant, art shop , hotels and others.
After the primary data obtained in the field through interviews and observations and secondary data in the form of collected documents processed and then analyzed qualitatively.This means that the research process begins by establishing the basic assumptions and rules of thought to be used in research.

Pattern of Land Utilization in Coast as Tourism Accommodation In Lovina Tourism Area of Buleleng Regency
By seeing that the control of the coastal land in Lovina tourist area is still controlled by both the adat community and the local official community individually and by the outside community with the approval of Kalibukbuk Village which is used as a means of business activities in the field of tourism so it needs to be done a r r a n g e m e n t , m a i n t e n a n c e a n d preservation in maintaining wholeness.Lovina tourism area is arranged based on Regional Peratutan of Buleleng Regency Number 1 of 2014 on Tourism Delivery.In article 25 letter (e) it is stated that the district government has authority to r e gul a te th e m ana g em en t and management of tourism in its territory.Furthermore to do Lovina Beach Arrangement with some requirements such as consistency in disseminating to the surrounding community about the arrangement of Lovina beach tourism to avoid conflicts dimasyarkat, obeying the detailed spatial plan of Buleleng district in accordance with the concept of Tri Hita Karana, as well as the arrangement of tourism business activities must prioritize the principle of equity and the principle of justice for the local community.
Land utilization becomes an important factor for people's lives so that the regulation is done by the state for the benefit of the community.The State shall arrange or affirm the right to land to a person who has factually/physically controlled the plot of land in good faith.As it is known that according to Adat Law, at first the status of land in Indonesia is derived from the ulayat right, that is the right of the village according to adat and its willingness to control the land within its territory for the benefit of its members or for the benefit of others (foreigner/ alliances) by paying compensation to the village in which case the village participates much with the clearing of the land and is responsible for the cases that have occurred therein that have not yet been resolved 7 .
Based on an interview with Nyoman Artana better known as Nyoman Denges on Saturday, 7 October 2017, it is said that the use of land on the coast is mostly done to support tourism activities, such as the sale of soft drinks, food and cafes.This is in accordance with the results of paruman conducted by members of the community in the area of Lovina tourism, namely that the coast of Lovina coast is an integral part of palemahan (region) Lovina tourist area.Besides, Lovina coastal beach is also a common area, so the government also has obligation and kewenagan to arrange and supervise.

Utilization System of Coastal Land Belonging to State
State land is land directly controlled by the state.Instantly controlled means there is no other party on the land, the land is also called Free State land.The provision of Article 2 Paragraph (4) of the Basic Law of Agrarian states that the right of control of the above mentioned country, its implementation may be authorized to selfrule areas and customary law communities, to be necessary and not contrary to the national interest, according to the provisions of government regulations.
Based on the results of interview with Wayan Artana on October 7, 2017, it is known that the traditional village of Kalibukbuk, state lands used only as government office facilities and the building of elementary schools, while for tourism business activities it is managed by the village community custom of Kalibukbuk, and the soil in question is the sepandan land in the coastal area that is used to support tourism activities.Consequently, the utilization of state lands is managed by the community in the customary village of Kalibukbuk.Hence, when used for tourism activities of local government, contributions from the benefits of the lands of the country are obtained.

Utilization System of Coastal Land in Lovina Tour Area Belonging to Customary Land
This applies to individual-controlled lands, which means who holds the lands, and who will make the request for conversion.This is due to the fact that these customary lands belong to the traditional village themselves, but are controlled or managed by individuals (village krama).
Along with the development of the dynamics of human life within indigenous peoples and the opportunities afforded by the law, such as the basic agrarian law, the depletion of individual rights and the rights of indigenous peoples is getting stronger.
Field observations revealed that in the cutomary village of Kalibukbuk in Lovina tourism area whose tourism development is very rapid causing land problems especially the adat land is given priority both in its control and in its utilization.This can be seen in customary lands that were inventoried in Kalibukbuk Adat Village.Many customary lands in Kalibukbuk adat villages experienced a change in their use and control, such as customary land near the coastal land, where customary land located near the coast, was originally a non-functional land, which means that it has no economic prospects but after developed into a culinary tour, which in terms of economically very profitable.
In an interview with I Ketut Suka (Head of Kalibukbuk Village) on Monday, October 9, 2017, it was stated that although the physical lands of the beach are utilized by the party who seeks it, but the control of the land remains in the authority of the customary village of Kalibukbuk, only the utilization, while the management of the land is done by Krama customary Village and outside of Krama of customary village.What is meant by outside customary krama is the community that is outside the traditional village of Kalibukbuk but they get the result of the business activities undertaken on the existence of these coastal lands.
In connection with the management of coastal land in Lovina tourist area, it has been said that there has been a provision made related to the contribution of the utilization of coastal land, such as: The contribution of Art Shop in Lovina coastal area varies.This can be seen in the following evidences: If the users or utilizers of the customary land have been using lease agreements with a period of 10-15  6) Furthermore, if there is a Lovina festive activity in the coastal areas where parking is inadequate, the community helps by using their own land as a parking lot with a 50% share for those who own the land and 50% for the contribution.And if there is an investor using/managing a small part for the park area, there is an agreement that must be met by the investor: Use the power of the local community up to 50% -75%.
It does not prohibit people from passing coastal areas as long as the community is not disturbing.
And also charged contribute fee according to existing rules.
The result of the use of coastal land in Lovina tourism area, that is, the local government, through the village administration, get 25% contribution and Customary Village get Contribution by 25% and the managers covering consists of Indigenous people and Community Service get 50%.
Given the above, local people are becoming more eager to promote the existing tourist areas of Lovina, not only in the sea known as the dolphins, but also to the land there is also the attraction.This has been proved by the existence of a place for selfie in the coastal areas visited by many who want to do selfie activities, especially in the afternoon.Those who want to enter the place are charged Rp 5000,-/person contribution.With the addition of tourism objects in the form of selfie activities, the increase of contribution for Lovina Tour manager as a result of coastal coastal area in Lovina Tourism area appears.

Legal Protection on Customary Lands in Coastal Areas in Lovina Tourism Area
Basic Law of Agrarian is a manifestation and maximum effort of the Indonesian nation to free itself from dependence to other nations in the field of land law, as well as an effort to realize the ideals of an independent Indonesian nation that wants the welfare of the people.With the Basic Law of Agrarian, the people's land whose existence is recognized by customary law that was not recognized by the Dutch Government due to Domeinverklaring politics is expected to be fully acknowledged 8 .
In addition, the Basic Law of Agrarian not only made a structural overhaul of the status of land law in Indonesia, but also indirectly overhauled the customary law system 9 .
Arrangement of land under this Law is in accordance with the provisions of Article 5, namely based on customary law which does not impede the formation of a just and prosperous society.The complete Article 5 of Basic Law of Agrarian is as follows: Agrarian law applicable to the earth, water and space is customary law which is not contrary to national and state interests, based on the unity of the nation with Indonesian socialism.With the rules set forth in this Law and with other laws, everything takes into account the elements that depend on religion.Furthermore, in relation to the legal protection of customary lands destined for tourism business, it becomes a preventive and repressive law.
According to Philipus M. Hadjon, the means of legal protection are of two kinds, namely:

Preventive Legal Protection Facility
In this preventive law protection, opportunity is given to raise objections or opinions before a government decision gets a definitive form.The goal is to prevent the occurrence of disputes.The protection of preventive law has a very big meaning for government action based on freedom of action because with the prevention of preventive law, the government is encouraged to be careful in making decisions based on discretion.In Indonesia there is no specific regulation on preventive legal protection.

Represive Legal Protection Facility
Repressive legal protection aims to resolve disputes.Handling of legal protection by the General Courts and Administrative Courts in Indonesia includes this category of legal protection.The principle of legal protection of government action rests on the concept of recognition and protection of human rights because historically from the west, the concepts of recognition and protection of human rights are directed to the limits and laying of the community's obligations and government.The second principle underlying the legal protection of governmental acts is the principle of the law state, which is associated with the recognition and protection of human rights.

Preventive Legal Protection against Indigenous Land on Lovina Beach Coast
From the results of observations and interviews conducted by the authors on the legal protection of customary lands used for tourist areas in Lovina associated with the existing theory, namely Preventive legal protection, where the purpose of preventive law protection is to prevent the occurrence of disputes, both b e t w e e n t h e g o v e r n m e n t a n d communities, adat or indigenous peoples and other indigenous peoples, as well as indigenous peoples and business actors.Relation to the customary land in the area of Lovina tourism so far is that the dispute in lovina area associated with the utilization as a means of tourism support has never happened.Just as the law serves as the protection of human interests, law enforcement must pay attention to the 4 elements: 1) Legal security (Rechtssicherkeit) 2) Legal expendiency (Zeweckmassigkeit) 3) Justice of the law (Gerechtigkeit) 4) Legal guarantees (Doelmatigkeit) 10 .
Legal issues will become apparent if law enforcers implement, fulfill, and maintain well-standardized rules so as to avoid s y s t e m a t i c a n d s y s t e m a t i c misappropriation of rules and laws.This means that the use of codification and legal unification for the realization of legal certainty and legal justice.Indigenous lands that exist in Lovina tourist areas such as the land of profit temple have obtained legal certainty by registering it in the office Land registration by providing proof of ownership that is a certificate, and this is one form of legal protection provided by the State to its citizens.

Repressive Protection of Law on Indigenous Land in Lovina Tourist Area
Repressive legal protection is the legal protection that is done related to the dispute faced by its citizens through the settlement through the judiciary.When it is associated with legal protection of customary land in lovina area, there has been no dispute related to the utilization and management of customary land in Lovina village.It is explained by customary lawyer that in the utilization of customary land for tourist area, until now, the dispute has never happened.Before the enactment of Law No. 5 of 1960 on UUPA (Basic Agrarian Law), in our country there are two kinds of laws that form the basis for land law namely customary law and western law.So in Indonesia, there are two kinds of land, namely customary land and Western soil.Indigenous lands or land of Indonesia are lands with rights of Indonesia which are fully subject to customary (agrarian) law, as long as the specific provisions for certain rights are not held.While Western lands are subject to the provisions of western agrarian law and almost all of them are registered at the land registration office.
According to Ter Haar 11 , customary law is a group that is an alliance of customary law groups of commoners, including the association of his life behave as a unity of the outside world, the birth and the mind.The groups have an eternal order, and the people who belong to it each live their lives in the group as a natural thing, according to the nature of nature.
No one of them has the thought of dissolving the group and the group also has its own board, possessing worldly possessions and possessing the supernatural.
The basic factor of the formation of a legal alliance is the geneological factor and the territorial factor.The geneological factor (due to blood relations) is the determining factor that the members of the group are those who have a blood relation.While the territorial factor (due to territorial relations), the factors that determine that the members of the group are those who occupy a particular area.As the main feature of customary law community is the existence of social and religious activities.

Legal Protection of State Land with Management Right in Lovina Area
According to Maria S. W. Sumardjono, the right of Management is part of the State Controlling Rights (in part), whose authority is delegated to the Rightsholder of Management 12 .Therefore it is not appropriate to be equated with the rights as regulated in article 16 of UUPA, because the right to land only concerns the aspect of keperdataan but because of the need for practice, namely to give the right to land on land.Right of Management to third party, hence giving of land right to third party through agreement between holder of Right of Management and third party, finally its civilization is more prominent aspect.
Since 1996 the status of Right of Management shall be returned as public aspect as set forth in Government Regulation Number 40 of 1996, Article I Number (2).Management Right is defined as the controlling right of a State whose authority of execution is partially delegated to the holder.
The Right to Management can only be obtained on State land because if on the land that the Right to Management still exists the rights to land such as Building Use Rights (Hak Guna Bangunan) Use Rights, and other land rights as well as compulsory rights of work to be freed first by the prospective holder of the Right of Management by paying compensation for the land of that right, followed by everything on it.The Rightsholder of the Management does have the authority to use the land entitled for its business purposes.But that is not the purpose of granting that right to him.The main purpose is that the land concerned is provided for use by other parties in need.

Preventive Protection of Law on the State Land or Management Right in Lovina Tourist Area
Regarding the right of land management, in Article 2 paragraph (4) of Basic Law of Agrarian stated "The right of controlling the land of the above mentioned State, the implementation can be authorized to self-rule areas and customary law community, just necessary and not contrary to the national interest , under the terms of government regulations.Furthermore, to guarantee legal certainty of state land with the right of management of the land must be registered, as described in the Minister of Home Affairs Regulation No. 1 of 1977, so that Hak Milik, Hak Guna Bangunan and Hak Pakai can be issued 13 ".In regard with the enforcement of management rights, there is a preventive legal protection to prevent future problems in accordance with what is the purpose of preventive protection, ie protection provided by the government with the aim of preventing customer offenses before they occur.It is contained in legislation with a view to preventing an offense as well as providing signs or limitations in performing an obligation.However, in the findings in the field in the Lovina tourist area of Kalibukbuk village, the country's lands are found only in coastal areas because they are in coastal and marine areas used to support tourism activities and their management is entrusted to the traditional village of Kalibukbuk.Based on the interview with Nyoman Artana, as tourism publicist, on Thursday, 19 October 2017, it was only an agreement between Buleleng District Government and indigenous people, and the legal security had not been made in writing so as to have a strong legal basis, this will be followed up by making an agreement or agreement related to the transfer of coastal land management to the local custom village.So, in general the state lands or land rights in the coastal area of Lovina, the authority of the management is on the Regional Government of Buleleng Regency and submitted to the local indigenous people to be utilized to improve the living standards of the community, especially in supporting the business activities of tourism.

CONCLUSIONS
Based on the description in the previous sections, several conclusions can be drawn, as follows:

Conclusions
The development of tourism in the Lovina area of Kalibukbuk Village as the center of the Tourism Area that directly and indirectly affects the economic, social and cultural life of the community, and developments are included in the control and utilization of land in coastal areas.Findings through observation and interviews found that the existing lands in Lovina tourism area located in the village of Kalibukbuk, in majority is controlled by the local community.However, individually owned land, whether owned by local indigenous people or already converted to immigrant populations, is also found, even from outside areas.In the case of its use, the lands that have the status of ownership there are directly controlled and some are leased to a third party.
There are two kinds of legal protection, namely preventive and repressive law protection: Protection of repressive law against customary land in Lovina area is a form of legal protection that is done related to the dispute faced by its citizens through the settlement in the judiciary; the findings in the field show that up to now the dispute relating to adat land between indigenous peoples with indigenous people or indigenous peoples with business actors has never happened, but to anticipate the occurrence of disputes, preventive protection is needed.
In the protection of preventive law, to ensure legal certainty of state land and management rights, registration shall be made, as described in the Minister of Home Affairs Regulation No. 1 of 1977, so that the Right to Own, Use and Use Rights may be issued.Research findings on state lands are found only in coastal areas because they are located in coastal and marine areas used to support tourism activities and their management is given to adat villages of Kalibukbuk by the local government of Buleleng regency, but the hand over of management authority has not been done in writing and will then be followed up by making an agreement between the local government of the district and Desa Adat of Kalibukbuk.Furthermore, regarding the protection of repressive law against the land of the State in Lovina tourism area, the dispute between the land rights holders of the state and the indigenous people of the customary village of Kalibukbuk has never happened.This is because the lands utilized by traditional villages of Kalibukbuk are only coastal land existing in coastal areas so that between the local government and the indigenous villagers of Kalibukbuk are related to their management, conducted only on the basis of oral agreements in the management to the coastal lands, in the future between the Buleleng district government and indigenous peoples will be followed up with agreements made in writing regarding the management of land in the coastal area.

Suggestions
From what has been described in the discussion section to the conclusion section, some suggestions may be given as follows: It is expected that the community in Kalibukbuk village area, especially Lovina Beach area in order to manage and utilize the existing lands around Lovina Beach area, preferably for the needs of the surrounding community so that economic contribution can be obtained and to be able to prosper the people in Lovina Beach area by not transferring the lands owned by the local community, and presumably the attempt to lease the area to a third party is granted so that the land right does not switch.
To the people of Kalibukbuk Village it is desirable that the management of lands used for tourism businesses can provide the worthy benefits to indigenous peoples needed to establish an institution or group that specifically regulates tourism business management in the Lovina region.
To the local government, it is expected to help the community around Lovina Beach area in managing tourism business by providing expert assistance, capital or training which will be able to provide better skill or professional in tourism business activity.
To guarantee a legal security, it is advisable to Indigenous villagers or the community of Kalibukbuk who manage the state lands to establish an authentic agreement related to the management and utilization of coastal lands that are either state land or a letter of agreement in the delegation of authority from the Regional Government to Customary village of Kalibukbuk.