Access to Justice of Balinese: Community Struggle to Refuse Benoa Bay Reclamation Plan

Abstract

Access to justice for the poor is still a problem, not only because of the limitations in obtaining information caused by the lack of access to people, institutions or service providers that can facilitate the acquisition of justice, but also exacerbated by the legal character built by the state does not support this. At the end of his term as President, Susilo Bambang Yudhoyono issued Presidential Decree No. 51 of 2014 concerning Amendments to Presidential Decree No. 45 of 2011 concerning SARBAGITA Urban Spatial Planning, which basically changes the conservation status of Benoa Bay to a buffer zone or public use area. This change made the Benoa Bay reclamation plan which was considered to cause many problems. The problems examined in this study are the Presidential Decreethat transforms conservation areas into non-core zones and how the Balinese people struggle to protect their areas from reclamation plans. The issuance of Presidential Decree conserning SARBAGITA is strongly influenced by economic and political interests through this public policy without regard to the laws anymore others that have clearly regulated the Benoa Bay Area and do not involve local communities or indigenous peoples in making regulations that govern the lives of the wider community and do not pay attention to the consequences that will arise with the issuance of this Presidential Regulation. However, the cohesiveness of indigenous peoples, supported by community organizations, creates a great force to resist. Until now reclamation has not been carried out.

Benoa Bay Reclamation: The Impact of Policy-Making for Social and Environment

“…51 of 2014 was born only to accommodate the 700 ha Benoa Bay reclamation plan. This is considered detrimental to the people of Bali and does not provide justice to them (Triana, 2019).…”