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Soemarno, Harry
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Law, Crime, Criminology & Criminal Justice

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KEBIJAKAN PEMERINTAH KABUPATEN BADUNG DALAM PEMBATASAN BANGUNAN HOTEL Soemarno, Harry
Jurnal HUKUM BISNIS Vol 9 No 5 (2025): Volume 9 No 5 2025
Publisher : Fakultas Hukum Universitas Narotama

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ABSTRACT This article examines the policy of the Badung Regency Government in restricting hotel development as a means of controlling tourism accommodation growth. The study employs literature review, field observation, and interviews, analyzed descriptively through normative and sociological approaches. The findings indicate that the restriction efforts are implemented through two key regulations: Regional Regulation No. 26 of 2013 on Spatial Planning and Regent Regulation No. 36 of 2014 concerning minimum land area, room size, and supporting facilities for hotels and condotels. Policy implementation faces challenges such as violations of building permits (IMB), green zone encroachments, and building height limits. Nevertheless, these regulations have proven effective in curbing new accommodation development and supporting sustainable tourism, encompassing environmental preservation (palemahan), socio-economic welfare of local communities (pawongan), and cultural preservation and development (parahyangan). Keywords: policy, restriction, tourism accommodation, hotel, Badung
PERLINDUNGAN HUKUM BAGI TENAGA KERJA PARIWISATA DI BALI Soemarno, Harry
Jurnal HUKUM BISNIS Vol 9 No 6 (2025): Vol 9 No 6 2025
Publisher : Fakultas Hukum Universitas Narotama

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This scientific paper aims to discuss the legal construction and its implementation in protecting local Balinese tourism workers. Research data were collected through document studies, observations, and in-depth interviews with 8 selected informants, from tourism worker representatives, Balinese tourism business managers in Denpasar City. The collected data were analyzed descriptively by applying normative, empirical, and economic approaches. The results of the study indicate that the protection of local tourism workers is based on: Law No. 10 of 2009 concerning Tourism, (2) Law No. 21 of 2000 concerning Trade Unions, (3) Law No. 13 of 2003 concerning Manpower, (4) Bali Provincial Regulation No. 1 of 2016 concerning the Provision of Incentives and/or Facilities to the Community and/or Investors, and (5) Bali Provincial Regulation No. 5 of 2000 concerning Standards for the Implementation of Balinese Cultural Tourism. Local Balinese tourism workers have not yet fully received adequate legal protection. Although they are prioritized for recruitment as tourism workers in their local areas, some of them are outsourced workers and have not yet been made permanent staff/employees. Some of them also do not receive BBJS/Jamsostek insurance and wages according to the minimum wage. Furthermore, the tourism workers' union has not been fully able to fight for the rights of Balinese tourism workers. The Bali Provincial Government needs to mediate and provide guidance to tourism service business owners to provide legal protection and proper welfare for Balinese tourism workers. Keywords: Legal protection, labor, tourism, Bali
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