The Role of Desa Pakraman in Managing Foreign Investors (Study Conducted in Pakraman Village of Tengkulak Kaja District of SukawatiGianyar Regency)
By : IDA BAGUS NYM GANDI ADITYA
Email : GANDIPINI@YAHOO.COM
Faculties : Fakultas Hukum
Department : S1 Ilmu Hukum
This research is entitled The Role of Desa Pakraman in Managing Foreign Investors (Study Conducted in Pakraman Village of Tengkulak Kaja District of SukawatiGianyar Regency).Bali is a tourist destination hotspot in which factors such as culture, tradition and customs affects people’s way of life fundamentally. The rapid economical and structural development has direct impactstoward shifting Bali into modernity and shaping the mentality of its people. Foreign investors are known to invest heavily in building accomodations catering for tourists in every corner of the island.Developing their properties in remotest parts of a village is seen as a valuable investment in the long run, this includes the Pakraman Village of Tengkulak Kaja which is strategically placed. The surge of development by foreign investorscauses an ever increasing number of hotel, villa and homestays being built. The impact of rapid development is damaging in many levels. To counterbalance the negative impacts that rapid development might pose to the living arrangement of the villagers, the Pakraman Village needs to have awig-awig/paparem law enforced. Awig-awig/pararem, is an overarching and comprehensive law within a Pakraman village. It formulates how the ideal living arrangement of villagers should be and how to protect the village collectively from outside influences and negative occurences/impacts. The law is flexible on improvement and adaptations according to the situation the village faces. Based on these law issues, it can be formulated into two issues, there are: The handling/management of foreign investors in Pakraman Village of Tengkulak Kaja and The coordination between Pakraman Village of Tengkulak Kaja and Head Village of Kemenuh in the handling/management of foreign investors. This research can be qualified as an empirical law research meaning the law is conceived as an empirical symptom that can be observed in real life. Theories, principles of law, concepts, approaches to the national constitution and approaches in real life are used throughout the analyses within this research. Every Pakraman Village has its own awig-awig which is enforced through pararem. In accordance to regional autonomy, the Pakraman Village of Tengkulak Kaja has written arragements in regards to the handling/management of foreign investor and is entirely used as guideline for the heads of the village. Foreign investors that wish to develop or build tourist accomodations in the Pakraman Village of Tengkulak Kaja must first fulfill the obligations written within awig-awig/pararem. Related to the coordination carried jointly between pakraman village and head village as authority, foreign investors must obtain permission from bendesa as well as completing administrative requirements according to National Constitution.
Keyword : Desa Pakraman, Tourism, Foreign Investor