Legalitas Penguasaan Tanah Pesisir Pantai oleh Orang Asing Dalam Bisnis Kepariwisataan, Desa Adat Canggu, Kecamatan Kuta Utara, Kabupaten Badung

Abstract

This Community Service is focused on socializing the legal legality of controlling coastal land by foreigners in Bali for tourism business purposes. The method used is empirical legal research with a statutory regulatory approach, conceptual approach, sociological approach and case approach. Based on authority theory, benefit theory and legal protection theory as analytical tools, it can be understood that the tourism business in Bali cannot be separated from the presence of foreigners. Likewise, the control of coastal land in Bali is not free from control by foreigners, either through legal or illegal investment, by taking advantage of mutually beneficial cooperation between local residents, as well as with Ada Village officials on the basis of sharing profits. The Balinese people, who have a unique culture with Hindu religious nuances, in their daily lives and in running business in the tourism sector are always based on the "Tri Hita Karana Philosophy" which is manifested in behavior that maintains a harmonious relationship between "Man and God", Man and Nature, and “Humans with other Humansâ€. In this philosophy, the principle of good faith in investing is reflected, so that control of coastal land by foreigners for tourism business purposes is obliged to respect this very noble principle; However, in empirical facts it turns out that the control of coastal lands in Bali by foreigners under the guise of mutually beneficial cooperation actually tends to be detrimental to the use of traditional villages in implementing the religious values attached to these coastal lands. In the concept of mutually beneficial cooperation, it actually contains the bad intentions of foreigners to control Balinese land just to gain personal benefits at the expense of Bali's nature which is wrapped in mutually beneficial cooperation.