Strengthening the Legal Framework of Subak-Based Ecotourism in Bali: Between Cultural Policy and Legal Pluralism

Abstract

This study examines the dynamics of legal pluralism in the governance of community-based ecotourism in Bali, with a particular focus on the Subak system as a cultural landscape recognized by UNESCO. While Subak is legally acknowledged through the Bali Provincial Regulation No. 9/2012 and reinforced by Law No. 6/2014 on Villages, its legitimacy also derives from awig-awig (customary rules), reflecting the coexistence of state law and living law. Using a socio-legal and comparative approach, this research explores two Subak communities Subak Sembung (Denpasar) and Subak Umalambing (Badung) to analyze how customary law interacts with formal regulations in responding to land conversion pressures and tourism commercialization. The findings reveal that awig-awig remains more effective than formal law in controlling land conversion, yet its effectiveness depends on the strength of sanctions and community compliance. The study highlights the need for legal hybridization, whereby state law provides formal legitimacy and certainty, while customary law offers substantive values rooted in Tri Hita Karana philosophy. This research contributes to the discourse on legal pluralism by proposing the concept of “law with cultural meaning”, which integrates indigenous norms into tourism governance. Practically, it recommends the formulation of a special regional regulation on Subak-based ecotourism to safeguard agrarian, ecological, and spiritual sustainability in Bali.