IRIANTO, Sigit. Function Transfer of Agricultural Land to be Settlements and Tourism in Gianyar District,

Function Transfer of Agricultural Land to be Settlements and Tourism in Gianyar District, Bali

Sigit Irianto Universitas 17 Agustus 1945 Semarang, , Email: [email protected] Komang Rio Anjana Universitas 17 Agustus 1945 Semarang, Indonesia, Email: [email protected] Widyarini Indriasti Wardani Universitas 17 Agustus 1945 Semarang, Indonesia, Email: [email protected]

Abstract: The conversion of agricultural land is one of the phenomena of the conversion of agricultural land to non- agricultural land. This change is detrimental to the sustainability of agriculture in . In the last three years, the area of agricultural land that has changed its function in Gianyar Regency has reached 100 hectares. This happens because the need for land each year continues to increase both for settlement and for tourism and residential accommodation needs. The purpose of this study was to determine the factors causing the conversion of agricultural land in Gianyar Regency, and the implementation of the conversion of agricultural land for housing development and tourism accommodation that occurred in Gianyar Regency. The approach method used in this research is juridical empirical, descriptive-analytic research specifications, data sources are primary data and secondary data, data collection techniques by conducting interviews and literature study, data analysis methods with qualitative analysis. The factors causing the shift in the function of agricultural land in Gianyar Regency are due to economic factors, lack of farmer subsidies, and the high value of land tax objects that make farmers unable to defend their land, as well as the lack of law enforcement on land use change. The implementation of the conversion of agricultural land into settlements and tourism accommodation in Gianyar Regency will continue to occur because there is no regional regulation on sustainable food agriculture land. The government must immediately finalize the perda so that changes in land use in Gianyar Regency can be prevented.

Key words: Transfer Function, Agricultural Land, Settlement, Tourism, Economic Factors.

INTRODUCTION Constitutionally, the State has the power to regulate all matters relating to the land and natural resources contained therein. This is regulated in Article 33 Paragraph 3 of the 1945 Constitution which states that: “The earth, water, and natural resources contained therein are controlled by the State and used for the greatest prosperity of the people”. Article 33 Paragraph 3 of the 1945 Constitution is the basis for a legal relationship between the land and the subjects of the land, and the State acts as the subject who has the highest control overall interests in land aimed at the prosperity of the people and development activities. The regulation of land as referred to in Article 33 Paragraph (3) of the 1945 Constitution is Article 2 Paragraph 1 and 2 of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (hereinafter abbreviated to BAL) which states that: “Based on the provisions in Article 33 Paragraph (3) of the Basic Law and matters as referred to in Article 1, earth, water, and space, including the natural resources 79

contained therein are at the highest level controlled by the State, as a whole power organization people”.

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The right to control from the State authorizes the State to: 1. Regulate and carry out the designation, use, supply and maintenance of the earth, water, and space; 2. Determine and regulate legal relations between people and earth, water, and space 3. Determine and regulate legal relations between people and legal actions concerning the earth, water, and space. According to Article 4 paragraph 1 of the BAL, the definition of land is as follows: Based on the state's right to control as referred to in Article 2, there are various kinds of rights to the surface of the earth, which are called the land that can be granted to and owned by people, both individually and together with other people and legal entities. Based on Article 4 paragraph 1 above, what is meant by land is the surface of the earth, while land rights are the rights to a certain limited surface of the earth, with two dimensions of length and width (Sumardjono, 1982). The term "master" does not mean to own, but it has the meaning of an organization of Indonesian national power, where the State is given the authority to regulate all matters relating to land (Limbong, 2013). The government as the representative of the State can regulate allotment, use of supplies, and maintenance of earth, water, and space including also on land (Gautmana, 1997). The utilization of land can be based on the function of land, namely for agricultural land and non-agricultural land. Agricultural land is usually used for agricultural business in the sense of encompassing rice fields, forests, fisheries, plantations, dry fields, pasture fields, and all other types of use commonly referred to as agricultural businesses (Sumardi, 2017). Non-agricultural land is the use of land for interests outside agriculture such as infrastructure, buildings, housing, housing, factories, tourism industry, and others (Zhu et al., 2014). The increasing need for land is precisely for non-agricultural needs, such as housing, factories, and the tourism industry. The need for land causes a lot of functions of agricultural land to non-agricultural land. Transfer of land functions is an activity of changing land use from an agricultural activity into another activity (Harsono, 2008). Transfer of land functions emerged as a result of development and an increase in population. Population growth and increasing land requirements for land development activities change the structure of land ownership and control over time. The rapid development of the industrial sector resulted in the conversion of agricultural land on a large scale. In addition to meeting the needs of the industry, the conversion of agricultural land also occurs quickly to meet the needs of housing that is much larger (Husein, 1995). The land-use change is also supported by social changes in the community and soaring uncontrolled land values, given the rapidly increasing non-agricultural needs. Social change in society is marked by the emergence of new social values that are individualistic and maximize profit about land ownership. The emergence of new social values that are different from the values adhered to in the Basic Agrarian Law causes land ownership to highlight its function rather than its social function. Limited land availability whiles the demand for land increases, resulting in the value of the land being expensive (Effendi, 1993). The land has high economic value. The high economic value of land following the development of human needs is greatly influenced by housing needs and tourism accommodation. Meeting these needs eventually led to the conversion of land which was originally agriculture into residential and tourism accommodation. Land becomes a profitable investment item and at the same time encourages speculation. The economic strength of the land also strengthens considering the value or price of land is highly dependent on supply and demand. When the demand for land increases, so too land is seen as a commodity. Strategic place and with good natural scenery will quickly change the land function from previously functioned as a rice field with the development of tourism around the land will be made into a tourist accommodation that can support the development of tourism. The definition of tourism and tourism according to the provisions of Article 1 paragraph 1 and 3 of Law Number 10 of 2009 concerning Tourism is as follows: "Tourism is a travel activity carried out by a person or group of people by visiting certain places for recreational purposes, personal development, or learning the uniqueness of tourist attractions that are visited in a temporary period of time". "Tourism is a variety of tourism activities and is supported by various facilities and services provided by the community, entrepreneurs, 80

government, and local governments".

Along with the development of tourism, there is a lot of conversion of agricultural land into non-agricultural land. Conversion on productive agricultural land into residential land or tourism accommodation as a result of the

Dialogos, v. 24, n. 2, p. 79-91, 2020 IRIANTO, Sigit. Function Transfer of Agricultural Land to be Settlements and Tourism in Gianyar District, Bali many demands for housing and tourism accommodation. The transfer of function of agricultural land (conversion) is mostly done for the benefit of housing and tourism accommodation. As a result of the conversion of agricultural land is affecting the economic, cultural, and social sectors of the community. The impact of the conversion of agricultural land, among others, the State of Indonesia must import food to keep meeting the needs of the community. One of the provinces in Indonesia which is an international and national tourist destination is the Province of Bali. Bali is an international tourist destination and has formed a pivot for the development of the Bali region namely -Badung-Gianyar-Tabanan (Sarbagita) as a fast developing region and a golden triangle development Bali's economy which includes the Sanur-Kuta-Nusa Dua region as a center of economic growth based on tourism, trade, and services (Rupini et al., 2017). Bali won the first position in 2018 as the best tourist destination of the 25 best destinations worldwide according to TripAdvisor and ranked fifth in 2019 (Alvionitasari, 2018; Komarudin, 2019). Gianyar Regency is one of the main axis cities as the development area of Bali and one of its characteristics is as a center of carving culture in Bali. This situation causes the need for tourist land to become very dominant, including settlements, and shopping centers, hotels, and villas because it has a high economic value so that the fulfillment of land needs for tourism and others causes a lot of conversion of agricultural land to non-agricultural land. Based on data from the Central Statistics Agency of Gianyar, in 2015 the area of wetlands in Gianyar was 14,420 hectares, in 2016 it changed to 14,000 hectares or shrank as much as 420 hectares (bali.tribunnews.com). In 2017, the reduction of paddy fields was 33 hectares in Blahbatuh District, 15 hectares in Sukawati, and 8 hectares in , so the remaining area of rice fields in Gianyar Regency was 14,320 ha. The biggest sub-district contributing land- use change in Gianyar in the last 10 years is Ubud, which is 44 hectares or an average of 4.4 hectares per year. In addition to changing its function to become tourist accommodation, the agricultural lands have also changed into modern networking shops, which are now mushrooming in Gianyar. The number of modern shop establishments in Gianyar until the end of 2016 should only be allowed 79 units but until the end of 2016, the number of modern stores in Gianyar was 115 units or more than 35 units from the quota. According to the former Gianyar regent who is also a figure of Agung Ubud, Tjokorda Oka Artha Ardana, or Tjok Ace, a land-use change that occurred in Ubud is inseparable from the construction of tourist accommodation there (nasional.kompas.com). The construction of tourist accommodation in some places damage the source of agricultural functions, so that agricultural activities are disrupted and ultimately encourage the continued conversion of land functions. Ubud tourism has been making use of agriculture as an attraction, but tourism accommodation owners have not contributed anything to the continuity of agricultural culture. The most burdensome for farmers is the tax value that must be borne by farmers because the sale value of the agricultural land tax object in Ubud is relatively high. The high value of the sale of land tax objects in Ubud accompanied the massive development of tourist accommodation there for the past 10 years so that the price of land also surged. The shift from the function of agricultural land to tourism settlements and accommodation is carried out by investors who want to develop their businesses in the Ubud area. With the growing development of land-use change in Ubud, it will also expand the need for land as a means for the construction of housing and tourism accommodation in Ubud. While land with the status of state land in Ubud is scarce, some lands have been occupied by the people with a right and agricultural lands. As a result, some investors made the acquisition of agricultural land for residential land and tourism accommodation through the process of land conversion from agricultural land to non-agricultural land. The purpose of this study is to determine the factors that cause the conversion of agricultural land, and the implementation of the conversion of agricultural land to the development of tourism accommodation and settlements that occur in Gianyar Regency.

METHOD This research uses an empirical juridical approach method, which is legal research conducted by examining and analyzing the facts that are in line with observations in the field, then reviewed based on laws and regulations

related to the reference to solving problems (Hadi, 2000). An empirical approach is carried out by research in the field 81

using primary data (Soekanto & Mamuji, 2012). The empirical juridical approach in this study is in analyzing the problem carried out by combining secondary legal materials with primary data obtained in the field.

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This research is an analytical descriptive. Descriptive means that research aims to describe the state of an object or event (Soekanto & Mamuji, 2012). Analytical is namely connecting data resulting in correlation. Descriptive Analytical is research that describes systematically, factually, accurately based on data obtained to study the Implementation of the Transition of Function of Agricultural Land in to Settlements and Tourism in Gianyar Regency, Bali Province, Indonesia. The method of determining the sample is based on the non-random sampling method with a purposive sampling technique that is the sampling technique by selecting subjects that truly have characteristics that are following the purpose of the study. The samples in this study were those who carried out the conversion of agricultural land to non-agricultural land in Gianyar Regency, Bali Province. The data collection method is done by interview and literature study. Data were analyzed with qualitative analysis methods, namely interpreting data interpretatively using theory or positive law then inductively drawn conclusions to answer existing problems.

RESULTS AND DISCUSSION Factors Causing the Occurrence of Function Change of Agricultural Land in the Regency Gianyar Correlation of Function Conversion of Agricultural Land with Economic Value of Agricultural Land Gianyar Regency is one of nine regencies/cities in the Province of Bali. Gianyar Regency is located between the lines 8 '18 '52 'South Latitude, 115'05' '29' and 115 '22 '23 'East Longitude. With the following regional boundaries: north of , east of , south of Denpasar City and Badung Strait, west of . Gianyar Regency covers a land area of 368 km2 or 36,800 Ha. The Gianyar Regency stretches from the north, the upper to the south, in the form of a coastal region from the ocean of Indonesia. The average land condition is not so high above sea level. The southern part of the area is 30% of which land, while the northern part is a bumpy area. Land that reaches a height of 750 m2 above sea level is not very wide (2,463.5 Ha), compared to land area. Tourist destinations in the Gianyar region of not less than 50 places, with variations in objects such as museums, caves, beaches, mountains, terraces, protected forests, temples, traditional villages, carving centers, and culture. Gianyar Regency has a lot of supporting the potential for regional income. The potential of Gianyar Regency is in the tourism, agriculture, and culture sectors. Gianyar Regency Tourism is well known to various countries. There are many choices of tourism in Gianyar including: 1. Sukawati District Sukawati Subdistrict has original Balinese houses which are used as tourist attractions in the rock village known as Bali Traditional House. The hallmark of the original Balinese house is the gate of a small house that can be passed by one person. The door is made of clay and grass is used for the roof of the house. Bali's original house is often used as a place to shoot prospective wedding couples to take pre-wedding photos. Sukawati also has a traditional market that sells handicrafts of Balinese artists namely the Sukawati market. The Sukawati area also has a zoo namely Bali Zoo Park and , as well. Tengenungan waterfall tour and hidden canyon. 2. Blahbatuh District Blahbatuh District has many tourism potentials, one of which is Goa Gajah. The name of the elephant cave comes from the “elephant's lawa” mentioned in the manuscript found there. The elephant cave temple complex was built in the 11th century based on the inscriptions found. Blahbatuh has many beaches namely saba beach, masceti beach, and shampooing beach. It has a Blangsinga waterfall and a Dipta soccer stadium. 3. Tampaksiring District Tampaksiring Subdistrict has Tirta empul tourist attractions. Tirta Empul is the name of a temple visited by many foreign tourists. There are springs and are also used by the community for bathing and praying places. In Tampaksiring there is also the Presidential Palace which was established by the first president, Sukarno as a resting place. 82

4. Ubud District

Ubud District has a location that is located between paddy fields, forest areas flanked by ravines, and rivers. An unspoiled location which is the main attraction for attractions in Ubud. One of the attractions in Ubud is

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the Monkey Forest. It is a protected forest that is still beautiful and there are many monkeys in the forest. Ubud also has a river that is also used as a location for white water rafting. Balinese art culture is also a tourist attraction, one of which is the Kecak dance that is often held in Ubud, namely Uluwatu Temple. Ubud also has rice paddies as a tourist attraction, the campuhan hill. 5. Tegalalang District Tegalalang District is famous for its beautiful rice field views. Terraced rice terraces such as stairs with beautiful rice plants make tourists enjoy the natural scenery. There are also many community crafts there that are sold along the road in the Tegalalang district. 6. Payangan District Payangan District has beautiful natural potential and is made into tourism. Payangan is an educational place for agriculture because agriculture is highly developed here such as rice, chocolate, durian, and various types of vegetables. Agrotourism in Payangan is still beautiful and cool, very harmonious, and runs in harmony with the developed agricultural business. Gianyar Regency has an area of 14,743 hectares of agricultural land. The agricultural land is used for rice, fruits, and vegetables. The agricultural sector provides benefits in the field of food and can be used as a tourist attraction because of its beautiful natural scenery and cool air, but today the amount of agricultural land continues to shrink because the need for tourism housing and accommodation continues to increase. The increase occurred because the land in the tourist area has decreased and the price of the land has increased so that agricultural land is made the choice to be converted into residential and tourism accommodation. The amount of population growth encourages the faster conversion of agricultural land into settlements. Lack of interest in the younger generation to a farm is also one of the factors that support the conversion of agricultural land. In Bali, there are traditional institutions that are social religious, and social. Customary institutions in Gianyar Regency have a quite large and prominent role to decide between solving a problem. These traditional institutions include: 1. Indigenous Village Following the provisions of the Level 1 Regional Regulation of the Province of Bali Number 6 of 1986 stipulated the population, function, and role of the customary village as a legal entity of the customary law community. Customary law has a tradition and drama of the social interaction of the Hindu community for generations in the boundaries of 'Kahyangan Tiga' which has a certain area and its wealth. The number of traditional villages in Gianyar regency in 2017 was 271 traditional villages spread across 69 villages or sub-districts which all have awig-awig. Awig-awig meant that there was already written form written and not written yet. Especially in Gianyar regency, most of them already have written awig-awig. Customary villages as a unit of customary law community have functions: a. Assist the government in the smooth running and implementation of development in all fields, especially in the religious, cultural, and social fields. b. Implement customary law and customs in their traditional villages. c. Gives a legal position according to adat on matters relating to social density and religious interests. d. Fostering and developing traditional Balinese values to enrich, preserve, and develop a national culture in general and Balinese culture in particular based on paras-Paros or 'selunglung sebayantaka'. e. Maintain, preserve, and utilize the wealth of indigenous villages for the welfare of indigenous village communities. The fostering of traditional villages in Gianyar Regency is carried out with traditional village coaching lectures, counseling, awig-awig customary village correspondence each year which aims to achieve 'Tri Sukerta' namely religious, religious, and religious guidance which are in essence all. aims to be able to preserve 'Tri Hita Karana' namely Parahyangan, Weakening and Pawongan, and customs based on 'Catur Dresta’. Three causes of well-being are the human relationship with God, the human relationship with humans, and the human relationship 83

with nature. Holding on with the 'Tri Hita Karana' human relationship with nature must be maintained because

humans require nature for their daily needs.

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2. Wipe Truna Truni Seka Truna Truni is a social institution and is found in all banjars in Gianyar Regency. This institution is a youth organization in the fields of religion, customs, and development. The number of truna truni truni in Gianyar Regency in 2017 was 534 truni truni. 3. Subak Institutions Subak institutions are indigenous and social agrarian religious customary communities, historically growing and developing as water management organizations at the level of agricultural business. Subak, as a traditional institution that operates as a paddy farmer organization and a farmer, bases itself on tradition and religion. Even though the Government established water system rules with Government Regulation Number 11 of 1982 concerning Irrigation, complemented by Government Regulation Number 23 of 1982 concerning Irrigation and Regional Regulation Number 2 of 1972 concerning Bali Irrigation, subaks continue to play a role in the irrigation network autonomously by the subaks themselves. Following the Decree of the Regent of Gianyar Number 278 of 2005 dated August 15, 2005, the number of subaks was 518 subaks scattered in 7 Gianyar Subdistricts namely in Tampaksiring 51 Subak Districts, Tegalalang District 64 Subak Districts, Payangan 41 Subak Districts, 88 Subak Ubud Subdistricts, Sukawati 118 Subdistricts 118 subak, Blahbatuh District 58 subak and Gianyar District 98 subak. The following is a table of agricultural and non-agricultural land uses in Gianyar Regency: Table 1 Use of Agricultural Land No Land Use Year 2015 2016 2017 1 Paddy Land 14.787,00 14.743,00 14.684,00 2 Watering Half Technical 13.927,00 14.419,00 14.371,00 3 Simple Watering 203,00 203,00 203,00 4 Traditional Irrigation 657,00 121,00 110.00 Source: Secondary Data, 2018 The data above is in the matter of hectares and shows that paddy land continues to decrease every year and the traditional irrigation system also experienced a very large depreciation, especially in 2016. Depreciation of paddy land occurred because of the many functions of agricultural land to become settlements and accommodations that occurred in the Regency Gianyar and cause damage to traditional irrigation systems. Table 2 Non-agricultural Land No Land Use Year 2015 2016 2017 1 Not Paddy Field 22.013,00 22.057,00 23.000,00 2 Settlement 21.826,00 22.500,00 23.000,00 3 Tourism 11.250,00 12.000,00 13.050,00 4 Plantation crops 9,00 9,00 9,00 5 Etc. 4.270,00 4,299,00 4.274,00 Source: Secondary Data, 2018 In the last three years, the increase in settlement and tourism continues to grow rapidly along with the transition of the function of agricultural land into residential and tourist accommodation in Gianyar Regency. This harms agriculture in Gianyar Regency. If there is no action or prevention every year, it will continue to be diverted for personal or group needs.

Factors Causing the Occurrence of Agricultural Land Functions in the Regency Gianyar Heru Nugroho (2009) said that land for the community has a multi-dimensional meaning:

1. From the economic side, the land is a means of production that can bring prosperity. 84 2. Politically, land can determine a person's position in community decision making. 3. As a culture that can determine the level of the social status of the owner. 4. The land is sacred because it deals with inheritance and transcendental matters.

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This multi-dimensional meaning still places land as an economic factor as the main factor for the welfare of its owner, so that land conversion is part of the economic dimension. Land conversion has become an important factor in the perspective of land economic factors, both as agricultural and non-agricultural land. Transfer of land functions has been regulated in Law Number 41 the Year 2009 Regarding Sustainable Food Land Protection. The basic considerations of this Law are: Indonesia as an Agricultural Country needs to guarantee the provision of agricultural land sustainably as a source of decent work and livelihood for humanity and ensure food rights as a human right for every citizen by promoting the principle of togetherness, fair efficiency, sustainable, insightful the environment, and independence, and by maintaining the balance, progress and national economic unity. On the other hand, increasing population growth and economic and industrial development have resulted in the degradation, conversion of functions, and fragmentation of food agriculture lands which have threatened the regional carrying capacity of the nation in maintaining food independence, resilience and sovereignty, so there needs to be a realignment of control, ownership, the use, and utilization of agrarian resources, needs to protect agricultural land for food in a sustainable manner following agrarian reform. Article 1 number (15) of Law Number 41 the Year 2009 states that: “Transfer of Sustainable Food Agricultural Land Functions is a change in the function of Sustainable Food Agricultural Land to become a Permanent and Non- Sustainable Food Agricultural Land.” Function transfer of land as the process of land conversion from agricultural or rural land to non- agricultural or urban use. Article 9 paragraph (2) states: “Sustainable Food Agricultural Land Planning is carried out on a. Sustainable Food Agriculture Area; b. Sustainable Food Agriculture Land; and c. Sustainable Agricultural Food Reserves.” Planning for sustainable agricultural land cannot be separated from the existence of regulations on spatial planning, as regulated in Law Number 26 the Year 2007 About Spatial Planning. Article 1 number (5) of the Spatial Planning Law confirms that: “Spatial planning is a system of spatial planning processes, spatial use, and spatial use control.” This spatial planning is the responsibility of the Government and regional governments. Transfer of land functions cannot be released from the layout of an area. Determination of the spatial layout of an area carries legal consequences for those who break it. Article 45 of Law Number 41 the Year 2009 confirms that the transfer of functions that are not following the provisions must pay compensation and must replace the value of infrastructure investment. Sanctions for violations are in the form of administrative sanctions and criminal sanctions. The amount of administrative sanctions is between 1 billion rupiah - 7 billion rupiah and criminal sanctions for a maximum of 7 years. Transferring the function of sustainable agricultural land carried out by government officials, criminal punishment is added 1/3 (one third) of the criminal threatened. Sustainable agricultural land cannot be separated from the Regional Spatial Plan that will be able to map the areas that are agricultural or non-agricultural so that the conversion of land functions can be controlled and following its designation. Depreciation of agricultural land in Gianyar Regency is mostly caused by the conversion of land use functions for non-agricultural purposes. Agricultural land in Gianyar Regency is used for residential areas and tourist accommodation. The following table is the area of agricultural land in Gianyar Regency: Table 3 Area of Agricultural Land in Gianyar Regency No Year Agricultural Land Area 1 2015 14.420 Hectare 2 2016 14.000 Hectare 3 2017 13.944 Hectare Source: Secondary Data, 2018 The data above shows that in 2016 the area of agricultural land in Gianyar Regency shrank by 420 hectares and 44 hectares occurred in Ubud District. In 2017, it shrank by 56 hectares which occurred in three districts namely 85

Blahbatuh, Sukawati, and Payangan. The latest data from the Central Statistics Agency in 2018 shows that the area of

Dialogos, v. 24, n. 2, p. 79-91, 2020 IRIANTO, Sigit. Function Transfer of Agricultural Land to be Settlements and Tourism in Gianyar District, Bali agricultural land in this art area is 13,690 hectares. If the count is 4 years there are 2,000 hectares of agricultural land that have changed functions. In 2018 agricultural land will be reduced again by 254 hectares compared to 2017. This position is not in line with the Regional Regulation of the Regency of Gianyar Number 16 of 2002 concerning Spatial Planning for the Regency of Gianyar in the Year 2002-2032 Article 8 paragraph 3 states that: The growth and development of the region with the concept of agro-industry, agribusiness, and agro-tourism is realized with strategies including: 1. Improving the quality and quantity of agricultural facilities and infrastructure such as irrigation/irrigation infrastructure, fertilizer, production infrastructure, access to product marketing; 2. Obliging tourism investors to reinvest in the agricultural sector from a portion of the profits; 3. Improving the quality and quantity of production facilities and infrastructure, processing products, marketing and supporting financial institutions, extension services, and research; and 4. Developing agro-tourism and ecotourism-based tourist attraction areas. Improvements in quality and quantity did not occur because land depreciation in the last three years was quite significant. Permits to change the use of agricultural land to become non-agricultural can only be granted or issued if the land for which the permit is requested is located in an urban residential area or a rural or industrial estate. Permit changes to land use will not be issued on lands whose designations are other than residential areas and are avoided on fertile or productive agricultural lands, because they affect food security both nationally and locally. Article 44 Paragraphs 1 and 2 of Law Number 41 the Year 2009 states that land that has been designated as Sustainable Food Land/Agricultural land is protected and prohibited from being converted. In matters of public interest, Sustainable Agricultural Land can be converted and carried out following statutory provisions. Transfer of agricultural land that is not based on laws and regulations can be subject to punishment. Criminal provisions in article 72 of Law Number 41 of 2009, namely individuals who transfer the function of Sustainable Food Agricultural Land as meant in Article 44 Paragraph 1 shall be sentenced to a maximum of 5 (five) years imprisonment and fined a maximum of Rp. 1,000,000,000, 00 (one billion rupiahs). Paragraph 2 states that an individual who does not carry out the obligation to return the state of Sustainable Food Agriculture Land to its original state shall be sentenced to a maximum imprisonment of 3 (three) years and a maximum fine of Rp 3,000,000,000.00 (three billion rupiahs). Transfer of function of agricultural land carried out by government officials, the criminal is added by 1/3 (one third) of the criminal that is threatened. Transfer of function of agricultural land has been regulated since 1994 with the BAPPENAS Circular Letter Number 5335/MK/9/1994 on September 29, 1994, concerning the prevention of changes in the use of technical irrigated rice fields for use outside agriculture. Prevention of change must be avoided if it does not make changes to be better for the technicalities besides agriculture. The preparation of the Regional Spatial Plan is aimed at the minister of the interior to prevent changes in the use of technical irrigated fields for use outside agriculture. Various regulations have been issued by the government to protect and control agricultural land from being converted to non-agricultural, but with the development of rapid development and economic value of land (agriculture) and land intended for settlement decreases and young people are reluctant to move in in the field of agriculture, then quickly the change of function of agricultural land in Gianyar Regency is getting bigger. Factors that cause the conversion of agricultural land and settlements in Gianyar Regency include: 1. Rapid population growth Population growth is one of the factors causing a land conversion. With the continued increase in population and land in the decreasing Gianyar Regency, one of them is the conversion of agricultural land into residential and tourism accommodation to meet various needs. 2. Increase in community needs for settlement With demographic growth, of course, it will demand basic needs including shelter. When land in a residential area is not sufficient to meet the requested needs, the conversion of agricultural land into settlements becomes an option as one solution to the problem. 86

3. The high cost of implementation

To cultivate agricultural land from the soil to get optimal results requires a lot of labor and expenditure, the increase in agricultural materials also makes it difficult for farmers to manage their land. Increases in prices

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and farm laborers' rental prices make agricultural landowners consider selling or converting agricultural land into residential and tourism accommodation. 4. The decline in the selling price of agricultural products In addition to the need for large authorized capital, developing agricultural land also has other risks, namely poor yields and crop failure. The low selling price of agricultural products is a factor in the conversion of agricultural land. 5. Changes to sectors that are considered more promising Along with the development of knowledge, technology, and increasing insight into agricultural landowners to make the conversion of agricultural land functions quickly. With economic expectations rising, the conversion of agricultural land into industrial places, tourism accommodation, and other businesses that produce more than agriculture. 6. People's mindset changes With technological advancements and the development of the times, the people of Gianyar Regency have started to be reluctant to become farmers. Most work in the tourism sector. With the change in the mindset of people who used to farm and are now reluctant to farm, causing a rapid conversion of agricultural land occurs because successors to manage agricultural land are scarce. 7. Subak institutions Subak institutions are indigenous and social agrarian religious customary communities, historically growing and developing as water level organizations of agricultural businesses. Subak institutions that are expected to be able to prevent the conversion of agricultural functions have instead become a bridge for investors to divert agricultural land. Subak institutions in Gianyar Regency become agricultural land brokers. 8. Weak regulation of control of agricultural land The absence of the Gianyar Regency Law on Sustainable Food Agricultural Land (LP2B) has made the shift in the function of agricultural land in Gianyar Regency continue to increase from year to year. Government care in particular the Gianyar Regency is needed to prevent the conversion of agricultural land into settlements. If there are no clear sanctions and the establishment of a Sustainable Food Agriculture Land that cannot be converted, the faster the conversion of agricultural land will occur due to increasing population growth and the need for land to support tourism in Gianyar Regency. Impacts of Changing Agricultural Land Functions penetrated socio-economic and ecological aspects. In the category of economic security, there is a decline in agricultural production and employment opportunities for farm laborers because there is access to new roads from the rice fields to the main road making it easier for farmers to bring agricultural products without the need to use the services of farm laborers. In terms of social security relating to water distribution, cooperation activities, and conflict management efforts, there were no significant changes after land conversion took place. This only happens in terms of cooperation activities where the decrease in the number of subak members influences the subak's institutional activities. Based on the research results of Made Arya Wira Martha et al. in Bau subak that the change of function of agricultural land in Subak Bau, causing irrigation water has been polluted by garbage shipments from upstream. With the conversion of agricultural land to non-agricultural land, the water pollution from household and household wastes are discharged into the subak irrigation channel. As a result of this, agricultural land becomes damaged so that it will be prone to flooding and contamination of agricultural land and water ecosystems.

Implementation of the Change of Function of Agricultural Land to Settlement and Tourism Accommodation in Gianyar Regency Gianyar Regency is known as one of the tourism destinations in Bali which presents the natural beauty of agriculture and Balinese culture that is still thick. Tourist interest in Gianyar Regency from year to year continues to increase. Following data on the number of tourists based on tourist visits to the Regency of Gianyar: 87

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Table 4 Number of tourists in Gianyar Regency No Year Tourist 1 2015 3.420.000 inhabitants 2 2016 3.650.000 inhabitants 3 2017 3.800.000 inhabitants Source: Secondary Data, 2018 A significant increase in the number of tourists each year harms agricultural land. The Subdistrict in Gianyar, which is filled with tourists, has caused the conversion of agricultural land into settlements and tourism accommodation cannot be avoided. The lack of residential land and tourist accommodation has made the conversion of agricultural land one of the options for the conversion. The conversion of agricultural land in the last 3 years is as much as 100 hectares that occurred in 4 districts namely Blahbatuh, Payangan, Sukawati, and Ubud. The 20 hectares of land that have changed function in Gianyar Regency. Based on the Regional Spatial Plan (RTRW) of Gianyar Regency, the Green Open Space (RTH), which should have been functioned as sustainable agricultural land, but turned into residential and tourism accommodation. Bali Central Statistics Agency The growth of hotels in Bali is very rapid. In 2006 the number of hotels in Bali was 1,635 and in 2015 it increased to 2,079 hotels. The very rapid development of tourism is happening in Bali. The number of hotels has nearly doubled in the last 9 years. The development of tourism in Bali has a negative impact, especially on the agriculture sector. Agriculture, which is the cornerstone of Balinese life, must struggle to protect the massive development of tourism. Many paddy fields, gardens, or green lands have been eroded and replaced by hotels, villas, and the like. The number of hotels in Badung Regency is 65.12 percent, Gianyar Regency is 12, 81 percent, and Denpasar City is 8.90 percent. Based on data from BPS Bali Province above, the development of hotel construction in Bali harms the sustainability of agriculture in Bali. The large number of agricultural land conversion functions that occur makes the agricultural sector decreases every year. Table 5 Green Open Space Switching Function in Gianyar Regency No Year Sub-district Green Open Space 1 2015 Blahbatuh 3 Hectare 2 2016 Ubud 10 Hectare 3 2017 Blahbatuh. Sukawati, Payangan 7 Hektare Source: Secondary Data, 2018 Lack of supervision from the Gianyar Regency government and the absence of Regional Regulations that determine Green Open Space in each District make the transfer of functions unavoidable and continue to shrink each year. In the last three years, the Subdistrict which had the greenest open space that had changed functions was the Sub-district of Ubud. Various sectors affect land-use change. One of them is tourism. Ubud has been famous for its tourism long ago. The need for land that continues to increase every year encourages the rapid conversion of land to occur. The need for tourism settlements and accommodation is due to the increasing number of tourists and the growing need for land. The National Land Agency (BPN) of Gianyar Regency which has the authority to issue certificates is not optimal in handling changes in the function of green open space. Green open spaces should not be converted but can be certified and change their designation for tourism accommodation and settlement. This negligence has continued to increase green open space that has changed functions in Gianyar Regency. Gianyar Regency Regulation Number 16 of 2012 concerning Spatial Planning for the Gianyar Regency Article 1 Paragraph 40 Green Open Spaces are elongated / lane and / or clustered areas, the use of which is more open, a place for growing, both naturally and intentionally growing planted, and basically without buildings. Article 89 Paragraph 6 of the Regional Regulation of Gianyar Regency regarding Regional Spatial Planning

states that: 88

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1. establishment of Green Open Space with criteria consisting of: a. Open spaces in urban and rural areas that function as non-building spaces including urban parks, urban forests, sports fields, public cemeteries and Setra, profit forest temples, agricultural green belt areas, environmental protection lanes, parks housing, a green belt in the form of agricultural and forest land. b. In the form of one overlay, in the form of a line, or a combination of the form in one overlay and line; and c. Dominated by plant communities. 2. Permissible activities include spatial use for recreational activities, development of parks in the form of residential neighborhood parks, Banjar scale parks, village-scale parks, district-scale parks, and urban scale parks integrated with open fields, and stabilization of urban parks as centers of activity social, recreation, sports, religion. 3. Activities that are allowed on condition include: a. Utilization of housing gardens, office yards, shopping pages, and other business premises as green open spaces with a certain proportion according to the area of land and the requirements of the Building Base Coefficient (KDB) and the determined Green Base Coefficient; and b. Construction of buildings in Green Open Space in open space is limited only to buildings supporting social activities, recreation, sports, agriculture, and religion. 4. Activities that are not permitted include activities other than those referred to in letters a and b that may interfere with the function of the Green Open Space. The Regional Regulation of Gianyar Regency emphasizes that the transfer of function of green open space is not permitted because it disrupts the function of the green open space. The agricultural irrigation system was also disrupted due to the presence of buildings that prevented irrigation. At present, a special Regional Regulation to regulate green open space is still in the process of being drafted. The government's lack of responsiveness in this matter has led to a shift in the function of agricultural land in Gianyar Regency. The government has also provided subsidies for agriculture so that the conversion of agricultural land does not occur. Subsidies provided by the government to support farmers' needs include: 1. Fertilizer subsidies used by farmers to fertilize rice fields. 2. Rice seeds used for initial planting. 3. Supporting facilities and infrastructure for agricultural needs. 4. Paddy Farmer Business Insurance provided by the government in the event of crop failure the farmer will receive compensation of 50% of the losses suffered. Another effort to prevent the transfer of land functions is from the President by creating a program to prevent the conversion of agricultural land by making the UPSUS PAJALE program (a special effort to increase rice, corn, and soybean production). The types of programs and objectives of UPSUS PAJALE are as follows: 1. Rehabilitation of Tertiary Irrigation Networks (RJIT) With the help of costs from the government which aims to guarantee the supply of water needed for plants. 2. Provision of Agricultural Equipment and Machinery (Alsatian) The aim is that land management, planting, irrigation, and yield management can be guaranteed. The government will provide two-wheeled tractors, water pumps, planting equipment, harvesting machines, threshing and milling rice machines, drying machines, and corn thresher to farmer groups. 3. Provision and use of superior seeds The aim is to ensure increased productivity. In this case, the government provides assistance for superior seeds for farmers. 4. Provision and use of balanced fertilizer Through the government to farmers to ensure optimal growth and crop production. 5. Planting Season Settings Using the Planting Season Calendar (KATAM) 89

The aim is to ensure optimal plant growth and production and anticipation of the impacts of climate change

that threaten the harvest. Implementation, the government through BPPT issues KATAM.

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6. Implementation of the Integrated Crop Management (GP-PTT) Program Movement The purpose of this activity is to guarantee the production of rice, corn, soybeans. The government carried out a mass movement involving farmers or farmer groups to implement Integrated Crop Management in sustainably managing farms. 7. Expansion of Corn and Soybean Planting Areas (PAT) To increase the area of planting so that production increases. For this reason, the government provides production facilities. 8. Improved Land Optimization (POL) Through the aid of production facilities from the government to increase the Crop Index and productivity of rice, corn, and soybeans. 9. Dream farm (Testing Technology by Higher Education) To encourage innovation, diffusion, and adoption of technology at a cost provided by the government. The government in this case has provided subsidies for farmers to develop their lava so that they do not change functions. The lack of concern for the Regional Government in making Local Regulation on Green Open Space provides an opportunity for private communities/investors to divert agricultural land to be used as housing and tourism accommodation. The government should have been quicker to make regional regulations to prevent the conversion of agricultural land that occurred in Gianyar Regency.

CONCLUSION Tourism is the biggest income for Gianyar Regency. Dependence on tourism causes the conversion of agricultural land in Gianyar Regency to continue. Rapid population growth also makes it difficult to change land use. The opportunity was used by investors who want to invest their capital in Gianyar Regency to convert agricultural land to be used as housing and tourism accommodation. Factors causing the conversion of agricultural land into settlements and accommodation in Gianyar Regency include: Rapid population growth, Increase in community needs for settlement, The high cost of processing agricultural land, Declining selling prices of agricultural products, Substitution to a sector that is considered more promising, Increasing the value of selling land, The tendency of young people not to work in the agricultural sector, and Weak regulation of control of agricultural land. The value of land objects in tourism areas has soared so high that utilizing agricultural land is arguably lower land object values. Tourism has indeed become the biggest income of the Gianyar Regency to date but the negative impact of tourism is the reduction in agricultural land that has been converted to support the needs of tourism both individually and in certain groups, villas, minimarkets, and tourism supporting places. Based on the Regional Spatial Plan (RTRW) of Gianyar Regency, green open space should be used for food needs and should not be converted. The absence of a Regional Regulation on Sustainable Food Agricultural Land (LP2B) makes the conversion of agricultural land difficult to avoid. The large number of agricultural lands that have changed functions in the Gianyar Regency has caused irrigation systems to be disrupted. Transfer of function of agricultural land is allowed if it is in the public interest because it is intended for the community but what happens in Gianyar Regency, on the contrary, the conversion of agricultural land functions is used for personal interests to enrich themselves and harm the community. If it continues to be left, the agricultural land in Gianyar Regency will be exhausted and food income in Bali will decrease dramatically and the impact of the community will be difficulties in meeting food needs.

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