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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)

Journal of Property, Planning and Environmental Law

ISSN: 2514-9407

Article publication date: 18 May 2022

Issue publication date: 7 June 2022

199

Abstract

Purpose

This paper aims to explain the impact of spatial planning regulations in the development of hotels in Bali, particularly as regards environmental damage. It then analyzes the factors that cause spatial planning to fail to prevent environmental damage.

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 interrelated legal, political and economic factors contribute to this failure, including conflicting regulations on 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 seemed obvious from the start, because they are common causes of regulatory failure, this paper demonstrates empirically that they are exacerbated and made more challenging because of the interrelationship between legal, political and economic factors.

Research limitations/implications

Given the existence of intertwined legal, political and economic factors behind the regulatory failure of spatial planning, more studies need to be undertaken to restore spatial planning objectives as a means of preventing tourism projects in Bali from damaging the environment.

Originality/value

The author proposes a reform to make spatial planning regulations more effective, particularly in preventing environmental damage by tourism projects.

Keywords

Acknowledgements

The authors would like to thank to Dr Jenny Beard and Professor Tim Lindsey as well as the anonymous reviewers for their helpful comments.

Citation

Widiatedja, I.G.N.P. (2022), "The regulatory failure of spatial planning and its environmental impact: a case study of hotel projects in Bali, Indonesia", Journal of Property, Planning and Environmental Law, Vol. 14 No. 1, pp. 25-44. https://doi.org/10.1108/JPPEL-10-2021-0048

Publisher

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Emerald Publishing Limited

Copyright © 2020, Emerald Publishing Limited

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