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.
Many countries have imposed export restrictions based on economic and non-economic objectives. In 2020, Indonesia has followed this trend by imposing an export ban on nickel ore. The European Union reacted by launching a complaint at the WTO, claiming Indonesia’s export ban has unfairly limited its producers’ access to nickel. This article explores the way in which Indonesia could justify banning export on nickel ore, by looking at the current WTO rules and its judicial decisions. This article claims that Indonesia has no justification to impose this ban. Although it will most likely be temporarily applied, and be designed to prevent a critical shortage, nickel is not essential in Indonesia based on its domestic demand, ongoing plans, economic contribution, and the current mining law. Also, the ban will most likely not be justified based on general exception provisions under Article XX of the 1994. Export Bans, Export Restrictions, General Exception, Article XI GATT, Article XX GATT, Indonesia, Nickel Ore, the European Union, WTO Rules, WTO Dispute Settlement
The existence of FDI on tourism has provided benefits, covering job opportunities, transfer of technology, government revenue, and the partnership with small and medium enterprises. However, FDI on tourism has also contributed to environmental damage in Indonesia. This paper is aimed to analyse whether trade and investment agreements that involve Indonesia can contribute to prevent and mitigate environmental damage as a result from FDI on tourism. This article is normative research, examining the existing trade and investment agreements that involve Indonesia and compare them with other countries’ agreements. This paper argues that there is evidence to suggest that trade and investment agreements may incorporate provisions in order to ameliorate environmental harm from the existence of FDI on tourism. However, Indonesia has not incorporated any such provisions in its own agreements. Hence, this paper explains that there will be three suggestions to be considered, namely: Indonesia should start putting environmental concern under its trade schedule; Indonesia should consider opening environmental services; and Indonesia should start putting environmental concern in its investment agreements.
The development of Clinical Legal Education (CLE) in Indonesia will significantly contribute for graduating more competent and more professional students as it equally combines knowledge, skills and value that reflects what lawyer do (practical skill), what lawyer should do (value), and how lawyer should do (knowledge) in legal cases. As a part of CLE, the existence of civil law clinic plays important role for enhancing the competency of law students. Nationally, some aspects of civil law significantly contribute to the fulfillment of basic human need in Indonesia. Specifically, contract law, family law, employment law, and consumer protection. Internationally, as an undeniable impact from globalization in Indonesia, this process requires harmonization of law that has adopted new concepts, practices, and legal institutions in Indonesia. Maintaining its existence, law schools in Indonesia should manage civil law clinics by designing planning stage, learning stage, and reflection stage. Planning stage consists: developing the objective; formulating Curriculum, preparing clinic member; organizing clinic in day-to-day basis; and establishing clinic Assessment and grading criteria. Next, in learning stage, it should combine the process of transfer of knowledge, skills, and values. Lastly, it should contain journaling, feedback and debriefing as a reflection stage. As a result, the existence of civil law clinic will foster social justice as an ultimate vision of clinical legal education in Indonesia.
Globalization has affected legal services and converged legal systems, especially in consumer protection in Indonesia and Australia. This process has resulted to a more formal, transparent, and adversarial law and regulations that typically reflect to the common Law system. Then, the incorporation of local wisdom encourages significantly for the receptiveness of this globalization and convergence process both in Indonesia and Australia. This paper will show and analyze the extent to which globalization has affected consumer protection in Indonesia and Australia by dividing the impact from the result of economic liberalization and political fragmentation. It will then show how the incorporation of local wisdom can accelerate the globalization of legal services and convergence of legal systems on consumer protection in Indonesia and Australia.
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