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VANISHING PARADISE: PLANNING AND CONFLICT IN

Gusti Ayu Made Suartika

A Thesis submitted in fulfillment Of the requirements for the degree of Doctor of Philosophy

Faculty of the Built Environment, University of New South Wales

2005

PLEASE TYPE THE UNIVERSITY OF NEW SOUTH WALES Thesis/Project Report Sheet

Surname or : SUARTIKA

First name: GUSTI Other name/s: AYU MADE

Abbreviation for degree as given in the University calendar: PhD

School: Faculty of the Built Environment

Title: VANISHING PARADISE: PLANNING AND CONFLICT IN BALI

Abstract 350 words maximum: (PLEASE TYPE)

This thesis is about the continuing life of Balinese culture and traditions currently under threat from unregulated economic development, mass tourism, and migration. Critical to this study are considerations surrounding the control of land and its improvements, as well as the success and failure of urban planning within the sphere of cultural conservation. The thesis argues that “State planning systems as imposed by the Indonesian government are inappropriate in the Balinese context.” While this statement seems fairly straightforward on the surface, it involves a complex understanding of the forces mentioned above, of their interaction and their effects on local culture.

This study adopts a hermeneutic approach to theory seeking greater depth of meaning rather than discovering new facts, and embodies three main strategies. The first explains the relationship between society and space using a cultural matrix derived from anthropologist E.T.Hall. The second strategy deploys qualitative research method using focus groups, and third, it uses in-depth personal surveys at physical sites. The thesis therefore reveals the eroding impacts of tourism on local culture. Focusing on territoriality, it embraces two contradicting sets of values represented in the traditional Balinese system of Adat, and those of the market-based system of the Indonesian

State.

Resulting conflicts are demonstrated through specific and generic case studies. Here, the dominant position of modern state planning establishes the legal foundation on which capitalist practices, the dominating role of private enterprise, corruption, and collusionary attitudes are nourished. While the role of the government in promoting tourism, and the economic significance of the industry are acknowledged, the study measures these against the costs of such advantages to the Balinese way of life.

Overall, the thesis reflects upon ongoing territorial problems that have been experienced in Bali for more than forty years. It provides an in depth analysis of how state imposed planning systems are locked in critical conflict with the proven and functioning traditional Balinese Adat. Finally, the necessary features of future planning systems are proposed in to revitalize local culture. Hence the thesis demonstrates that modern systems of planning are inappropriate to Balinese cultural conservation.

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'I certify that the Library deposit digital copy is a direct equivalent of the final officially approved version of my thesis. No emendation of content has occurred and if there are any minor variations in formatting, they are the result of the conversion to digital format.' ABSTRACT

This thesis is about the continuing life of Balinese culture and traditions currently under threat from unregulated economic development, mass tourism, and migration. Critical to this study are considerations surrounding the control of land and its improvements, as well as the success and failure of urban planning within the sphere of cultural conservation. The thesis argues that “State planning systems as imposed by the Indonesian government are inappropriate in the Balinese context.” While this statement seems fairly straightforward on the surface, it involves a complex understanding of the forces mentioned above, of their interaction and their effects on local culture.

This study adopts a hermeneutic approach to theory seeking greater depth of meaning rather than discovering new facts, and embodies three main strategies. The first explains the relationship between society and space using a cultural matrix derived from anthropologist E.T.Hall. The second strategy deploys qualitative research method using focus groups, and third, it uses in-depth personal surveys at physical sites. The thesis therefore reveals the eroding impacts of tourism on local culture. Focusing on territoriality, it embraces two contradicting sets of values represented in the traditional Balinese system of Adat, and those of the market-based system of the Indonesian State.

Resulting conflicts are demonstrated through specific and generic case studies. Here, the dominant position of modern state planning establishes the legal foundation on which capitalist practices, the dominating role of private enterprise, corruption, and collusionary attitudes are nourished. While the role of the government in promoting tourism, and the economic significance of the industry are acknowledged, the study measures these against the costs of such advantages to the Balinese way of life.

Overall, the thesis reflects upon ongoing territorial problems that have been experienced in Bali for more than forty years. It provides an in depth analysis of how state imposed planning systems are locked in critical conflict with the proven and functioning traditional Balinese Adat. Finally, the necessary features of future planning systems are proposed in order to revitalize local culture. Hence the thesis demonstrates that modern systems of planning are inappropriate to Balinese cultural conservation.

Abstract

ACKNOWLEDGEMENTS

My deepest appreciation is extended to the Indonesian Department of Education and Culture for partially funding this PhD study, and the Faculty of the Built Environment (FBE) of the University of New South Wales , for providing a one-year scholarship to complete this study.

I sincerely thank Professor Alexander Cuthbert for his invaluable time, and for providing the constructive feedback required for the structure and content of this thesis. His critical guidance and advice has always encouraged me to learn and explore new knowledge, and has contributed most importantly not only to this research, but also to my future research career. To Mr Peter Williams, thank you for his contribution, since the inception of this study. To Professor Terry McGee, my gratitude for his useful comments in the early stages of this research. My appreciation extends to Professor Peter Murphy, for his comments on the first draft of the thesis, and for also being instrumental in making the one-year FBE scholarship possible. And to Dr John Blair, I thank him for his comments on the first chapter of this thesis.

To the people of Tenganan, and , I sincerely thank you for your involvement and participation within the various focus group discussions. I cannot thank enough Jero Mangku Widia, Tjok.G. Darma Yuda, Bapak Made Wendra, and the other leaders from these three villages, for their various contributions in the approval, organisation and ensuring that these group discussions took place. To my research team, G.P. Tjenik (my dad), Raka and Rai (my brothers), who were always there to support the field survey, and for so effectively obtaining missing secondary data when necessary, I graciously thank you. My sincere thanks also go out to Tjok. A. Suyasa, I M. Sadra, I G.M.O. Suyadnya, and I P. Rumawan Salain for sharing the local knowledge that contributed substantially to this study.

My heartfelt thanks extends to my parents and the other family members in Bali, and Gerald, who have always supported this study and the extended activities involved with it, taking the time from their already busy schedules to participate in conversing and sharing in my journey at all times. I am very fortunate to have you all and it would have been impossible to complete this study without your moral support and companionship. To Professor Martin Loosemore, thank you for putting up with my work practices throughout the past few years. To Mr Eddie Ward, thank you for taking me on those most memorable bush walks and for showing me parts of Sydney that I would have never otherwise seen. To colleagues at the FBE Postgraduate Research Centre (they know who they are), I am grateful for your caring friendship.

I also wish to thank the relevant academics and the administrative staff at the FBE, who kindly provided me with the assistance and help while carrying out this study combined with the opportunities for the casual teaching, research and administrative positions at the faculty.

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Acknowledgement

TABLE OF CONTENTS

Title page Abstract Acknowledgement i Table of Contents ii List of Figures iv List of Tables v List of Photos vi List of Maps vi

1. Thesis context 1 - 27 1.1 Background to the study 1 1.2 Statement of the problem 8 1.3 Research aims 16 1.4 Research questions and sub-research questions 17 1.5 Theoretical framework 19 1.6 Research Methodology 20 1.7 Chapter outline 26

2. Development and the third world 28 - 46 2.1 Global development and its implications 28 2.2 Problems of imperialism and the third world 30 2.3 Migration and tourism 32 2.4 Planning and cultural continuity 37 2.5 Land use change management 41

3. Indonesian Politics and Balinese Culture 47 - 99 3.1 Indonesian society and politics 47 3.2 Balinese institutional systems 55 3.3 Balinese culture and society 64 3.4 The threats to local culture 90

4. Land use conflicts and changes 100- 140 4.1 Migration and tourism 100 4.2 Development and land use in Bali 113 4.3 The development and its control system 117 4.4 The emergence of conflicts 129

5. Case studies 141 - 194 5.1 Land use changes – longevity of territorial forms for cultural practices 141 5.2 Three case studies of Kuta, Ubud, and Tenganan 156

ii List of Contents

6. Planning and cultural development in Bali 195 - 224 6.1 Economic relations 199 6.2 Social relations 205 6.3 Development on land 211 6.4 Appropriateness of the ISS to the Balinese context 220 6.5 Towards a culturally planning system for Bali 222

7. Conclusion 225 - 240 7.1 Demonstrating the thesis 225 7.2 The of the research process 228 7.3 Reflection on planning in Bali 229 7.4 The future of the Adat system 230 7.5 Significance of the research 233 7.6 Limitation of the research process 235 7.7 Research direction and possibilities 237 7.8 Towards a just planning system 238

Glossary 241 - 249 Abbreviations 250 - 251 References 252 - 263 Appendices 264 – 295 Appendix 1 265 – 277 Appendix 2 278 – 286 Appendix 3 287 – 295

iii List of Contents LIST OF FIGURES

Figure 1.1 Map of Bali & the three case studies of desa adat Kuta, Ubud and Tenganan 25 Figure 2.1 Cultural resources planning perspective 40 Figure 2.2 Interrelationships among land use determinants 42 Figure 2.3 The land use planning: stakeholders, planners, and rules 43 Figure 2.4 Land use change management as a three legged stool 45 Figure 3.1 Structure of the Indonesian government 50 Figure 3.2 Investment for development in Bali for the period of 1994-1998 54 Figure 3.3 Organizational structure of the Balinese institutional system 59 Figure 3.4 Balinese institutions within the national government structure 63 Figure 3.5 Map of cultural practices in Bali 64 Figure 3.6 Map of cultural forms in Bali 64 Figure 3.7 The Balinese cultural principles in conjunction with Hall’s PMS 66 Figure 3.8 The concept of Tri Angga and references to the PMS of territoriality 71 Figure 3.9 Direction in connection to mountain and coastal areas 71 Figure 3.10 Diagram of the compound of a Balinese house 74 Figure 4.1 Investment for development in Bali 107 Figure 4.2 Number of tourists arriving at Bali’s Ngurah Rai international airport 108 Figure 4.3 Land use changes in Bali from 1994-2000 115 Figure 4.4 Spatial planning according to Indonesian Law No. 24/1992 119 Figure 4.5 RTRWP of Bali amongst other national development plans 120 Figure 4.6 Bali’s RTRWP: obstacles, strategies, and its relationship with Bali’s development in general 121 Figure 4.7 Organizational structure of Bali’s provincial government 123 Figure 4.8 Development control system in Bali 126 Figure 4.9 Transformation of rights over land in Bali 133 Figure 4.10 Transformation and elimination of territorial forms in Bali 137 Figure 5.1 Development and its impacts on territoriality 143 Figure 5.2 Kuta’s land use changes 163 Figure 5.3 Ubud’s land use changes 173 Figure 5.4 The linear design pattern of the desa adat Tenganan 180 Figure 5.5 Orientation of houses in Tenganan 186 Figure 5.6 Land use in Tenganan 192 Figure 5.7 Development and territoriality in Bali 193 Figure 6.1 Adat and Indonesian State systems, conditions of conflicts, critical planning strategies 196

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List of Figures LIST OF TABLES

Table 1.1 Hall’s matrix of culture 21 Table 1.2 Case studies: desa adat Kuta, Ubud, and Tenganan 24 Table 3.1 Comparison between the desa adat institution and the desa dinas 63 Table 3.2 Summary of territorial forms and practices within Balinese culture 89 Table 4.1 Receipts from tourists and export of goods 109 Table 4.2 Land use changes in Bali from 1994-2000 116 Table 4.3 Determining interests involving territorial occupation in Bali 130 Table 4.4 Transformation of rights over land in Bali 134 Table 4.5 ROL, ROL’s holders, and major interests in land utilization 138 Table 4.6 Possible land competition and conflicts 139 Table 5.1 Comparisons between the three case studies 157 Table 5.2 Kuta’s land use changes 163 Table 5.3 Ubud’s land use changes 173 Table 5.4 A summary of socio-spatial practices within the Tenganan community 188 Table 5.5 Land use in Tenganan 192 Table 6.1 The Adat and State systems, and the enduring conflicts 197

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List of Tables LIST OF PHOTOS

Photo 5.1 The proposed site for Selasih golf course 145 Photo 5.2 Conversion of paddy fields into tourist accommodation in Payangan & Ubud 146 Photo 5.3 Development along and Sanur coastal lines 147 Photo 5.4 Club Med, Nusa Dua 147 Photo 5.5 Conversion of mangrove forest into commercial use 148 Photo 5.6 Batur mountain and its lake, a tourist destination 148 Photo 5.7 Extended use of house front into commercial areas 150 Photo 5.8 Bali Nirwana resort 151 Photo 5.9 Wisnu Kencana 152 Photo 5.10 Development along Ceking's scenic view 154 Photo 5.11 Sanggaran temple and Kartika Plaza hotel 166 Photo 5.12 Celuk Waru temple and Holiday Inn hotel 167 Photo 5.13 Dalem Tunon temple and Dynasty hotel 168 Photo 5.14 Dalem temple and Matahari shopping centre 168 Photo 5.15 Ubud's market and its traffic congestion 177 Photo 5.16 Balai Agung of Tenganan 182 Photo 5.17 Awangan and neighbourhood of Tenganan 187 Photo 5.18 Tenganan's school and market 191

LIST OF MAPS

Map 5.1 Geographical positions of case studies 142 Map 5.2 Land use of Kuta in 1995 164 Map 5.3 Land use of Kuta in 2001 164 Map 5.4 Land use of Ubud in 1995 175 Map 5.5 Land use of Ubud in 2001 175 Map 5.6 Tenganan’s land use 192

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List of Photos and Maps

C h a p t e r 1

Chapter 1 THESIS CONTEXT

This thesis is about the continuing life of Balinese culture and traditions currently under threat from unregulated economic development, mass tourism, and migration. Critical to this study are considerations surrounding the control of land and its improvements, as well as the success and failure of urban planning within the sphere of cultural conservation. The thesis therefore argues that “State planning systems as imposed by the Indonesian government are inappropriate in the Balinese context.” While this statement seems fairly straightforward on the surface, it involves a complex understanding of the forces mentioned above, of their interaction and their effects on local culture. The current chapter outlines the entire structure of the thesis beginning with the background to the study.

1.1 Background to the study 1.1.1 Elements of the thesis

While this thesis focuses on the specificity of Balinese culture, the overall problem addressed in the thesis extends, as one would expect today, from the global to the local context. Also, the question of history is critical, since Balinese culture has evolved over time, and will no doubt continue to evolve into the future. How this evolution takes place should be in the hands of the Balinese people, and not situated within the random and shifting strategies of international development capital, or national development policy. The extent to which each can accommodate the other is the subject of this thesis. However, it must be said at the outset, that while the future of trans-national capital is not in doubt, the future of traditional Balinese culture and civilization currently has a fragile and indeterminate existence. There are many large threatening forces at work.

First, there are the overarching impacts of development as an economic and political process. Second, there is migration in all of its forms, primarily economic, and the search for pleasure locked into tourist activity. Third, the problematic role of Bali within the context of the Indonesian state, particularly in regard to its capacity to generate tourist income for the national government, and the exploitation of local cultures in general for the raising of state revenues. Fourth, the extent to which systems of state regulation and control are focused upon protecting and defending the massive resource represented by Balinese culture, as they are in exploiting it. Finally, the dubious capacity of state-sponsored urban planning to incorporate adequate protection for one of the most magnificent and complex local cultures remaining on the planet.

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In addition to these practical questions of economic development, migration, national politics and local culture, there are of course, significant theoretical questions as to what constitutes culture, what are its component parts, how should a culture be transformed, and other more philosophical considerations in the realm of language, traditions, and the occupation of space. This last item forms the central concern of the thesis, because the use of land is central to the entire structure of Balinese social life. Not only this, but it is a living example of socialism in practice. Traditionally land was not owned, commodified and traded in the interests of GDP, but was, and indeed still is, considered to be a resource, equally owned by all members of the community. As such it must be used in their collective interest in perpetuity, and held in legacy for the collective ancestry of local people. Hence on the one hand land is priceless, because it cannot be bought. On the other, it has no value except in its use.

This traditional system is referred to throughout this thesis as the Adat system, and is therefore in direct opposition to the interests of capital, since non-commodified factors of production represent barriers to capital accumulation in general, and extended profit from land in particular. Similarly, state and private interests represented within modern planning systems, do not, as a matter of first principle, focus on the protection, at all costs, of traditional cultures. Bali is no exception to this process. So the thesis has as a primary objective and theoretical focus, the relationship between urban planning practices and local cultures. Specifically, it concentrates on the relationship between the Adat and the relative default of national and local planning systems – state planning systems – to ensure the appropriate defence of Balinese culture.

At the centre of this apparent conflict lie two important distinctions. First that the state planning system adopts zoning practices – part of any modern urban planning system – as its key vocabulary. The resulting use of land is specified, mechanistic, parcelled and controlled by private interests and the state. Within the Adat however, there is no separation between land and other aspects of culture, where to a large extent all acts fall under the umbrella of the Adat – sacred, profane, and mundane. While it might be considered outside the mandate of urban planning to consider such complexity, there are few other defence mechanisms in place for local culture. The fundamental choice is therefore between urban planning practices adapting to local conditions, or the acceptance of a slow and debilitating decay of local culture, a loss that would be felt worldwide.

1.1.2 Migration and tourism.

Migration remains a determinant factor in the development of the global economy (Barry and Goodin 2000). Its significance goes back to the 16th century, when the superior positions of technologically well-armed nations sent forth-naval fleets to amass new land for expansion and production purposes. as a former Dutch and Japanese colony was freed from colonization

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by the Dutch in late 1945 but continued to struggle for independence till 1958. Colonization is about the ultimate form of economic and social exploitation that generates fault lines of various kinds between colonizer and colony, a situation which is perpetuated today between so called 'developed' and 'developing' countries (Chilcote 1996, Held et all 1999). While much has been done to bridge inequalities between the two groups through worldwide development, international monetary funds, economic and social relationships, etc., the nature of production in a global market economy continues these disparities by exploiting available wealth in the form of cheap labour and materials from the developing world (Harrison 1996, Storm and Naastepad 2001).

The economic discrepancies indicated above result in significant migration via two dominant trends taking place between and within countries. First of all, economic inequality motivates colonized/deprived people to move in pursuit of economic opportunities: for increased means and better living standards. This type of migration from the poor to the rich countries, or from the poorer to wealthier parts of the same country, is often undesired by the receiving communities. The reasons for this are several: inadequate employment, a lack of control over the process by authority, and political and social resistance by existing populations. In contradiction to the first form, the second kind of migration takes the shape of tourism undertaken by those who have reached a level of economic wellbeing that enables them to travel for leisure and cultural experiences. Unlike the first type of migration, tourism is well advertised, encouraged, and welcomed for its economic benefits. Less has been said of the negative consequences brought by tourist development.

In Bali, two types of migration occur. The first is migration in the form of global tourism. The second is internal migration by migrant workers – economic migrants – from neighbouring islands. Tourists become part of Bali’s population by their continuing presence (only the faces change) and migrant workers for their prolonged stay. Both groups require physical and social amenities as do the Balinese people. Increasing numbers of tourists and economic migrants become a major challenge to urban planning, given the limited capacity of the island to accommodate all groups, both socially and physically. The critical test for urban planning here is between the increasing demands for space, versus the limited and fixed supply of land. This problematic focus is the core of this thesis.

The capacity of urban planning is further contested when issues of cultural protection are brought to the surface: population growth coincides with the migration of cultures. Within this migration, a clash of values will inevitably occur between religion, tradition and language. Vital to any planning system is how these cultural values and practices belonging to tourists, economic migrants and local people are exposed to each other, and how they are embodied within the social system. As culture is the soul of Bali’s tourist development, urban planning practices are expected neither to deteriorate nor to overlook this core resource. However such a concept often gets lost in

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application. Urban planning practices, driven by the state are inclined to support tourist development. Similarly, internal migrations represent the state’s strategies firstly to generate economic benefits, and secondly to promote national integration.

1.1.3 Bali within the Indonesian State

Indonesia is one of the world’s most populous countries composed of 205 million people, 13,677 islands, 360 ethnic groups, and 250 local languages (Cribb 1999). Such diversity generates two things. On the one hand, immense cultural wealth, on the other, the potential for significant and enduring social conflicts. Being blessed with relatively abundant natural resources (oil, natural gas, ore, and fertile soil for agriculture) however, does not help the nation to mediate economic and social disparities inherited since its colonial liberation. In addition, national development over the last forty years has been severely attenuated for several major reasons. Prime among these has been the hegemony imposed by political figures, the nepotism of a few , corruption within the state bureaucracy, and the establishment of monopolies within the business community.

The uncertain foundation of the Indonesian political economy has seriously declined since the 1998 economic crisis, when its weaknesses became apparent. The crisis has manifested itself in various forms: government regimes in transition, the collapse of financial institutions, increasing unemployment and poverty levels, and movements for independence motivated by provinces, namely , and West . Such trends for self-determination are based on the exploitation of regions by the national government and the unequal exchange that took place during the dynasty, from 1966 to 1998 (Emmerson 1996, Lindsey 1999, Hill 2000). Nationalization and centralized decision-making in instigating policies and regulations on the part of national government have not done much to alleviate economic disparities or in preventing social disintegration. The fragile economy and national unity continue to be two thorny regions in the development of the nation. These considerations have dominated the nation to which Bali has been integrated as a province since 1947.

In comparison with the rest of Indonesia, the world’s largest Moslem country, Bali has a unique and distinctive nature. Historically, the island is a legacy of the Hindu movement in South East . Almost 90% of the Balinese practice Balinese Hinduism (Oka 2001), a mixture of Hinduism and the Balinese ancient beliefs in animism. These combined beliefs form the complex and unique cultural system of the Adat and its practices, which differentiate Bali from the rest of Indonesia. However, since 1947, such integration has brought an obligation to conform to the modern system of the Indonesian state. Hence the Adat system, Adat related products and its apparatuses are regarded as peripheral to the operation of the nation-state. Integration demands a dominant system, which tends to undermine the foundation of an independent Balinese society, and subjugates its independence to the dominant majority and the ideology of nationhood over local customs.

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In the process, local forms of economic and social development, institutional and legal systems inherent to traditional Balinese society are consequently redefined by the state. Traditional land- management processes are shifted from the desa adat institution – a Balinese local community based institution at the village level – into the state’s urban planning agencies, wrongly assuming that they have superior knowledge to centuries of husbandry and care by desa adat institution. In order to achieve its agendas for economic growth through Bali’s tourist industry, the state redefines local economic and social structures to enforce market infiltration into a society where sharing resources is a prime principle. Hence a communal social network gradually fades away as a state enforced market-based community network supplants and erodes a delicate interpersonal matrix of social relations, built up over centuries.

By far the most significant process overall, and the central reason for the formation of this thesis, has been the requirement of the state to transform a quasi-feudal system of land tenure and use into a market-driven system of exchange values. The primary mechanism has been the Basic Rules on Agrarian Principles in 1960 (BRAP 1960). Basically, this process redefined land title (rights over land (ROL)) and registration. What this accomplished was firstly to impose state control over land for taxation purposes, and secondly to reinforce the market mechanism. In application, this law has been a force that progressively transformed the Adat concept of land as a shared and communally owned resource into one whose economic values can be traded in a land market. The inherent conflict results in the roles of the desa adat institution and its constituted knowledge on the adat land, not being taken into account within the state’s system of regulation. The roles of the desa adat institution are hence replaced by those of the state land and agrarian agency. Therefore, the zoning of land and land development are under the control of state urban planning. This integration demonstrates the progressive tendency to eradicate the Adat of land tenure and responsibility, rather than providing protecting and nurturing to existing traditions.

1.1.4 Balinese culture

Over its colonization period in Indonesia, the Dutch found Balinese culture incredibly alluring and rich. Apart from its political mandate to monopolize production on Kepulauan Sunda Kecil – – of which Bali is part, the Dutch aimed at preventing Bali from cultural degeneration. Recognizing the unique quality of Balinese society, the Dutch were also conscious that both Islam and Christianity posed a great threat to Balinese Hinduism, and that these external influences should be minimized wherever possible.

Today, given the extent of national integration, such ‘cultural protection' comes with a totally different set of aspirations. The Balinese culture is exposed to national objectives to advance the national economy and national unity. The development of cultural tourism has been the adopted as

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the method of commodifying cultural forms and practices. Moreover, the idea of national unity forces the Balinese to redefine their cultural practices in conformity with state objectives. The presence of the state and its mechanisms therefore represent a threat to the foundation of Balinese culture and its long-term survival.

The strength of Balinese culture derives from the fact that the Adat is a widely shared system within the community. It has the capacity to define its own problems and solutions, and is constituted and reflected in every form of interaction. The Adat system is an ancestral legacy as well as a continuously developed means of morality and obligation, growing and updated in accordance with social challenges occurring in the community. The governance role is the responsibility of the desa adat institution, which in turn governs several banjar – neighbourhood associations. Decisions are made based on consensus, with community meetings held regularly.

The culture evolved as an agriculturally based society, where rice farming was the prime form of subsistence. A tropical climate and active volcanic geomorphology across the island supported a well-established system of land cultivation that evolved a traditional irrigation system and its associations called subak.

Culture was then imposed on nature, and Hinduism blended with animism brought about a rich system of cultural practices. Temple activities and offerings are very much part of people's daily life. There is no day which passes without ritual activities. The relationship between religion and the family life is profound. Bali is an island of goddesses with literally thousands of temples. There is one family shrine in each house compound, at least three in each village, six major temples scattered around the island and one major temple at Karangasem district, named Pura Besakih. Each particular group of several families belongs to a particular temple, every professional group worships at a certain temple, each communal association also has its temple, and hundreds of other groups also have theirs. The complexities of ritual ceremonies bring about well-integrated neighbourhoods. Relationships between community members led to the creation of social communal organizations, such as banjar, where people work together side by side.

These social patterns are in turn governed by their own structural arrangements. Most important of these is the Tika, the Balinese calendar which determines and accommodates sequences, patterns, cycles and rhythms of ritual and social interactions governing all aspects of daily life. This calendar is not only a measurement for time, it also determines the cultural meaning of each moment in each life cycle of the Balinese cosmology.

Living closely with nature and being grounded with complex ritual beliefs in Balinese-Hinduism, the Balinese maintain an equilibrium concept, which places human beings in the central position to sustain a cosmological balance between three central elements, ritual spirits, human beings and natural spirits. Ritual spirits refer to a belief in a diversity of Gods as reflected in a polytheistic

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system. Human beings simply refer to the complexity of human existence. Natural spirits refer to living and non-living beings, both natural and supernatural. So the whole culture is suspended in a dynamic equilibrium between good spirits and bad spirits which are both necessary to maintain harmony. The whole culture has therefore been established as a talisman for both good and bad spirits. No one has ever been urged to destroy the bad and maintain the good. Neither can live in the absence of the other.

Balinese society is extremely hierarchical, and this manifests itself in a diversity of ways. For example, the concept of three – Tri – is prominent to all components of life, i.e. cosmic, village, temple, house and human beings. Tri Angga, outlines that things are divided into three, head, body and feet, which is interconnected with hierarchical concept of utama (highest level = head), madya (middle level = body) and nista (lowest level = feet). Balinese language for instance, has three levels that are used to communicate among four different . Ritual ceremonies are also classified into three categories. Space is not in exception. The whole island – temple, village, houses – is zoned in accordance with the Tri Angga.

In general, the sacred zone (utama) is for ritual purposes, the madya zone is for living, and the least sacred (nista) is zoned for disposal. This zoning system is oriented by the vertical axis based on the direction of ‘mountain’ and the horizontal axis is determined by the rotation of the sun. The mountain is the most sacred site, and is the north direction. In reverse, the beach is the south direction. The point where the sun rises every morning is the east, another most sacred direction. The most sacred zone will be the northeast, where north and east meet. However, there is no isolation between each of the zones. The beach for instance is a nista zone, but it is a sacred place at the same time. The beach is a place where purification activity takes place. Neither will the beach be contaminated by this process nor will it contaminate the living and non-living creatures in this world. It is interesting to note here the clear conflict existing between traditional practices and the sun worship of mass tourism.

The above social and ritualistic base forms complex interactions that configure the unique cultural practices of the Balinese people. Should such uniqueness be forced to redefine its values and practices to meet the state’s economic and national objectives for integration? Should the components of the Balinese culture be seen merely to consist of elements that rely solely on outside influence for their development?

As we have seen so far, Balinese culture is rich, complex, and threatened. While traditional systems of belief are powerful, enduring, and inseparable from daily life, the environment within which these beliefs result in the material basis for life is rapidly becoming unsustainable. For this reason, and while this thesis has not set aside the moral, spiritual and social worlds, it has chosen to focus on the spatial dimension. For it is within this dimension that the most powerful conflicts exist. Land

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lies at the core of traditional culture, for all of its practices in some way relate to nature. Since the Adat fundamentally represents a relationship to the Gods on the one hand, and to the land on the other, land development, management, and control lie at the core of the problem, and therefore are the central focus of this thesis.

Problems emerging from this overall context will now be illustrated within the following section.

1.2. Problem statement

In a core sense there is no single ‘problem’ to the thesis, but a set of complex interrelated problems that are organized in two axes, both vertically at a series of scales – global, national and local – and horizontally in terms of the component parts of culture at each level. While these three scales are important, and set the context of the thesis from the level of international economic and political relations down to the operation of social relations within the Adat, this thesis is represented predominantly in the horizontal dimension at the local level. So in outlining problem statement, this thesis will first concentrate on briefly sketching out the contours of the first two levels before discussing the dimensions of the problem in the Balinese context.

1.2.1 Global and national problems a. Global problems

Clearly there exist a multitude of problems at the international level in the realm of economic development, from pollution of the world's ecosystem, to exploitation in a diversity of forms. Bali is on the receiving end of many of these, as are many other developing countries and states (Soderbaum 2000). Without ignoring the political circumstances involved in the process, this study views these predicaments being linked to the adoption of a 'market economy', a western-derived concept that drives the modern world. For the market to function well, every activity has a price, property rights are well defined and protected, competition is tough, and the liberated pursuit of self-interest is well recognized (Sandler 1997). Significant to this study, adoption of these principles contradicts the very foundation of a traditional economy that does not operate on the basis of market principles. Traditional Balinese society for example believes in resources being communally shared and used to fulfil the collective needs of the community. The big question here postulates the extent to which the market economy has already penetrated Balinese social life.

As has been widely broadcast, economic disparities are the source of most social problems. Development in the first place is supposed to alleviate these discrepancies. However, for almost sixty years since global development emerged from the Second World War, economic discrepancy between nations remains unmediated – the gap has widened (Torres 1993). There are two reasons for this. First, the market economy that leads today’s world is a concept foreign to traditional

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societies. To some societies, imposition of the concept requires time to adjust to this new market system, with adaptation of the status quo, assuming that such changes are accepted as inevitable. This is not always a simple process that always brings success, but is rather a complex endeavour to prepare the social and political environment for the market to operate. Given these circumstances, transition is frequently painful, extended and subject to exploitation. This usually extends inequalities even further.

Secondly, many global disparities have been a consequence of colonization by major world powers, such as Britain, the US, France, Holland, Spain, Japan, etc., from the 16th to the 20th centuries (Said 1994). The accumulation of capital during this period concentrated economic and political power into the hands of a few nations making the remainder economically dependant on borrowed capital from the first world, and frequently unable to repay even the interest on the loans. As we are aware, capital injection from the developed countries in the form of international investment, loans, and aid infrequently provides developing nations with the appropriate infrastructure (Keating et all 2003). This is particularly true when the funds are set with conditions to establish monopolies solely in the interests of private capital within the donor countries/institutions, in order to support market expansion and wealth creation, rather than providing direct economic assistance to those in need. The transformation of values, ideas, lifestyles, and standards, which accompany borrowing, results in even further negative consequences for the recipients of such loans.

Capital deficiency in the developing world, excess capital in others, and the oppressive ideology behind the idea of ‘a free and open market’, motivate the enduring expansion of international capital, which indeed correlates to the emergence of conformity within agreements, codes, and practices, not to mention the value systems underlying neo-corporate capitalism, the central philosophy of globalization (Biel 2000). This is inevitable. Such standardization of advanced information, communication and transportation systems are a necessary part of belonging to ‘the world system’, and allow participation by many nations – including Indonesia – to take part. Such widespread practices, apart from circulating international capital, also plunder sustainable resources, both economic and cultural, as they are exploited for economic ends. b. National problems

There are two dominant agendas contained within development in Indonesia. The first is to advance the level of the national economy, and the second is to promote national unity and integration. Having evolved for almost five decades, the nation has exhibited some progress in building up its economy, and has strengthened its policy of national amalgamation. Such economic progress has been partly justified by the development of minimalist physical and social infrastructure to enhance the welfare system of the people. In line with the breadth of national integration, interaction between provinces has been promoted and borders between regions have

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been eliminated. This has had the physical consequence of enhancing and even encouraging internal migration primarily for economic purposes, (e.g. from to Bali, to be discussed later).

To further integrate the diversity of various ethnicities, the state adopted the concept of a single national identity that had to be forged from literally hundreds of local and regional cultures. As in the economic process of standardization described above, so the social process was also commodified. In order to do this, nationally recognized (standardized) form of identity, behaviour, art, and language, had to be manufactured. This took a variety of forms – the establishment of a national language, the creation of a national ‘identity’, and even standardized ethnic ‘uniforms’ – a national dress, all of which undermined the regional differences that were supposed to form the actual foundation of the nation’s wealth through tourism.

Focusing on the impact of the above agendas on the prolonged existence of cultural interaction and given the context of development in Indonesia, this thesis distinguishes two fundamental circumstances that lead into problems at the national level. The first is a fervent preoccupation with economic growth that has led to various forms of cultural exploitation. The second is a fear of disintegration of a fragile national identity that has led to a practice, which may be termed deculturization, a process that subjugates and erodes existing systems of culture in the interest of national unity. Each of these circumstances will be explained in the following paragraphs.

Fuelling its economic development with the growing market of global and domestic tourism, the Indonesian economy harvests huge benefits from the cultural diversity of the nation. The Indonesian National Economic Development Plan (NEDP) positions cultural capital along with oil as the most significant national resources. Cultural practices are the backbone of the Indonesian tourist industry. This plan has in turn promoted endless efforts to advance the uniqueness of these cultures, as though they were no different to commercial products launched in the market. Furthermore it is a common occurrence for cultural practices to be modified to meet a highly complex system of standards and expectations defined by international agencies and corporations, national government, local institutions, and the impact of millions of individual tourists, with each demanding services based on their own expectations (Hardt and Negri 2000).

In this environment, local involvement either comes last or does not rate at all. This is due to the fact that local people have a low understanding of how the government’s development plan works, and how it has been accommodated on the basis of the market system. This circumstance has restructured and reconceptualized the culture into a series of products to be commercialized, such that the economic goals of the government and private enterprises are met. The dynamic nature of cultural interactions are subsequently compromised by the economic interests of these two groups, providing less space – or perhaps none at all – for traditional culture to develop and participate in the process. This is not to deny the fact that in this modern world, where consumerism is part of

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life, people are eager to acquire economic benefits from whichever source possible, including their own culture. However, they do not wish to sacrifice it in the process.

Deculturization represents a process whereby local culture is further eroded by the state’s agenda in achieving national unity. It is undoubtedly true to say that the entire universe of cultural diversity has become a major reason for the Indonesian government to create a nationally imposed system of cultural practices. On the one hand, regional identities can be viewed as threatening to national unity, and therefore creating a national identity is a means to subjugate local autonomy. On the other hand, one could argue that there is no reason why both national and regional differences cannot co-exist and support each other. While this is theoretically true, there are countless examples from around the world, where the first case (above) is in fact what actually happens, in other words that local cultures are indeed damaged by nationhood. For example, where state military power has been brought to bear in Aceh province, and local identity has been powerfully suppressed; the attempt to standardize religious practices throughout Indonesia in both Christian and Islamic traditions, and the imposition in all schools of Bahasa Indonesia (Indonesian national language) has been to the detriment of local languages. This thesis will support this position in its hermeneutical and case study approach to the analysis of local culture.

Continuing this argument, traditional Balinese culture has evolved a highly sophisticated and complex ritual dress code. This has resulted not only in traditional dress being differentiated by function, it is also differentiated by geography, – modes of dress can change dramatically from village to village. The permutation of function with place creates a system of enduring complexity and difference. However, in the interest of nationhood, a uniform dress code was imposed on all Balinese people some 20 years ago, so that the believers in Balinese Hinduism could be easily identified against the two other major religions, namely Islam and Christianity. This also had a geographic foundation, since only Bali is predominantly Hindu. Java, Aceh, West , and most other provinces are predominantly Islamic, with Christianity in places such as, the Mollucas, (part of North Sumatra province), North Celebes province and Nusa Tenggara Timur (eastern part of the Lesser Sunda Islands). This situation has created a long and bitter dispute between the state and local people over the way they usually dress, or going in conformity with state policy. This argument ended with Balinese compliance to the Indonesian cultural guidelines. An outcome of this decision was the creation of a traditional yellow and white uniform, to be worn for ceremonies held in the temples, and black uniforms for the cremation ceremony. At a single stroke, the entire population had been differently ‘branded.’

For similar reasons, introduction of the BRAP 1960 established the form of state control over land with respect to Balinese society. Subjugating the Adat system and its apparatuses extended the state’s intervention in the Balinese way of life. In so doing, the state has dismantled the socially

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constituted Adat ethic and substituted it with unilateral state-defined policy. Cultural practices were subsequently subsumed to BRAP, and local culture relegated to second place. The role of the entire Adat system – with a capacity to resolve conflicts occurring within the society – was undermined by the jurisdictional system of the state. Thus the state’s idea of integration was achieved by disintegrating and oppressing components of the local cultural system. The ultimate consequence was not merely to achieve unity within nationhood, but also to impress the market mechanism on traditional culture. With several provinces (Riau, Aceh, West Papua, and Middle Celebes) wishing to secede from the archipelago, and with Indonesia experiencing prolonged economic instability since the 1998 Asia-economic crisis, the clear reflection was that the effectiveness of this policy was seriously in doubt.

1.2.2 Local problems

In conjunction with the problems existing at both global and national level, there are two identified overriding circumstances which have led to predicaments at the local level. The first is the National Economic Development Plan for Bali (NEDPB) which has tourism as its central focus. The second is the superior position accorded to national policy over the Adat systems. Explanation of problems occurring at this level will be presented in three different aspects. The first is those pertaining to economic development and its impact on culture. The second is problems relating to tourism and migration. The last part explains predicaments in relation to space and unregulated land development in Bali, which is the core issue in this research. a. Economic development in Bali and its impacts on culture

Overnight, Bali’s economic dependency on the tourist industry became immediately apparent when a terrorist attack incinerated two nightclubs in Kuta – the most popular tourist destination in the island – on 12 October 2002, killing 202 people. A year after this blast, economic growth dropped from 8 % per annum to –1 %. This threw into high relief, that in order to develop tourism, Bali had abandoned its capacity for subsistence agriculture which had developed over centuries. This sector has long been overlooked since tourism was developed in the early 1970s. Thousands of hectares of agricultural land have been traded mainly to enterprises for tourist amenities, making the tourist industry into the major means of livelihood. When tourism significantly decreased, such amenities closed down, Bali’s economy collapsed, and ten’s of thousands of people became unemployed.

Over the last three decades, the national government has identified tourism as the leading sector for Bali’s economic development. The government has expected greater revenues from tourism than those earned from the agricultural sector. The national government delineates every necessary effort to support the tourist industry. Financial speculators are welcomed to invest; social and physical infrastructure is built; tourist amenities are provided everywhere; work opportunities are

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increased. Until the Bali bombing, all of these had statistically elevated Bali’s economic growth to a level of 1 % higher than the national average growth of 7 %. This situation makes Bali wholly dependent on the tourist industry. This dependency also generates a serious dilemma, since irreplaceable losses have been inevitably incurred by Balinese culture as a whole. The root source of these problems is excessive cultural commodification. The NEDPB and its associated development industry are aware of the massive potential profits of cultural exploitation. By adopting the concept of the market economy, Balinese cultural practices have become a major resource in supporting processes of economic production. The cultural industry had started its mansion (Ardono 1991, Britton 1991, Throsby 1997).

Overall, there is greater attention paid to cultural commercialization for economic purposes than on the social effects of such commercialization on Balinese culture. There are many examples which can illustrate this condition. To attract more tourists, several cultural representations, namely Rejang (Balinese sacred dance), pelinggih (shrine), and canang (a form of offering, that are traditionally sacred), have been presented as tourist attractions. The duration of several art performances: sendratari (a performance where oral dialogues between actors/actresses involved are performed by another actor/actress); (Balinese musical orchestra); kecak (a performance whose music orally created by a group of actors involved) are also modified in order to suit the tourists’ timetable and attention span. To accommodate tourist amenities, spaces for the execution of cultural rituals – temples, beaches, community squares – are either no longer available or must be shared with tourist activities, a situation which seriously disturbs cultural forms and practices. Topless bathing and ‘the beach as a temple’ do not sit well together. To increase government revenues from land and service taxes, several temples along Kuta and Nusa Dua beaches are also to be relocated to new sites. These brief examples give an indication of how cultural interactions are compromised for interests set by groups whose prime concern is economic benefit. This general process is not limited to one or two areas, but encompasses the entire island, its traditions, and its people.

This does not mean that tourism in principle cannot be of economic and indeed cultural advantage. It depends purely and simply on how it is accomplished. Nevertheless, these examples highlight the frequent compromises paid by Balinese cultural practices, leading to permanent change that may in time destroy the culture. Over time, people get used to such change and forget how traditional culture and traditions should be practiced. Future generations may not have a chance to experience the diversity of unique forms of culture, which have been globally recognized as one of the most complex and unique cultures on earth. In other words, an economic development scheme for Bali which is fully contained within the national government’s agenda represents a significant threat to Balinese culture. At the same time, it is clear that there is no form of culture which is immune to change in this globalized world, and that culture is a dynamic process (Scott 1997). However, the

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evolution of cultural change should be internally driven, not externally imposed. Neither individual economic interests nor superior systems imposed by the state should determine this process, if indeed the overall objective of state policy is that the inherent values of Balinese cultural practices should contribute to the economic wellbeing both of the nation and the Balinese people. b. Tourism and migration

The fundamental problem with tourism and migration to Bali is that neither of them is being controlled. As tourism is established as the leading sector in the Balinese economy, both tourists and migrants are increasing for economic reasons. This situation can be seen in two dimensions. First, to facilitate the growing tourist industry there is a need to deliberately import the labour that Bali does not possess. People with specific expertise in tourism, construction, professional skills, etc. have been imported from a broader labour market in Indonesia. Second, mass tourist development exports an image of the island that inevitably attracts economic migrants from the neighbouring provinces (Stevenson 1992).

This results in rising demands for physical and social facilities to accommodate both tourists and economic migrants, a situation unanticipated by the NEDPB. The plan does not propose any preliminary action to examine the ‘carrying capacity’ that measures Bali’s potential for sustainable tourism. Given the fact that Bali is a densely populated small island – more than 500 people/square kilometre in 2003 (Hugo 1996) – any significant increase in its inhabitants adds up to an enormous burden for the environment, and will critically test its natural capacity. There are several major environmental concerns which result, such as the reclamation of Bali’s coastal areas for hotel development, significant reduction of mangrove forests along Bali’s eastern coastal areas, massive conversion of green areas for development, excessive increased demand for clean water and energy, increasing pollutants in the air, poor drainage and disposal systems that pollute the environment, etc.

Mass tourist development has inevitably exposed Balinese culture to broader cultural impacts brought in by tourists and economic migrants. This is undoubtedly a two way process, but what is involved is an unequal cultural exchange. Also, new, unanticipated and even unwanted cultural forms can emerge. The process therefore can be seen as one which may either enrich or deteriorate Balinese culture. A major challenge to the national planning system is how to avoid the deteriorating aspects of Balinese culture without eroding those that thrive. Despite the fact that Balinese culture has proven to be highly resilient to the external impacts of tourism and economic migration, it is difficult to speculate how long such resilience can be maintained. Indeed, it has been already indicated where serious cracks have appeared on the surface of Balinese society, and how the NEDPB is furthering rather than preventing the homogenization of Balinese culture within

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global tourism. Critical to this situation is the nature of unregulated land development and its manifestations. c. Unregulated land development in Bali

The core problem of the system of land management in Bali reflects a central problem of capitalism as a whole. The question here is whether the regulation of land, or its absence creates greater opportunities for speculation and profit. This is a universal problem that has no easy answer, although it seems clear that in the most highly developed economies, greater regulation takes place than in those of the developing world. In principle, this situation applies directly to Bali, where the relative absence of regulation appears to offer greater advantages and a more open system to commercial capital, whereby local government can do deals in the absence of any legally sanctioned social controls. This, as one would expect, results in an administrative environment which is ‘ad hoc,’ open to abuse, and unable to plan effectively for future development. At the same time the traditional system of land tenure managed over centuries by the desa adat institution, which resulted in Bali being one of the richest agricultural environments on earth, is being destroyed.

The resulting chaos reflects the state planning system’s failure to recognize the inherent value of the Adat, and the state’s incapacity to manage diverse demands for land by the various development sectors: the tourist industry, housing, commercial development, infrastructure, agriculture, indigenous crafts, etc. Central to this failure, and to the longevity of Balinese culture, is the incessant support for the tourist sector, where the absence of regulation favours tourism over adat land, which is the traditional territorial basis for the preservation of the culture.

The conflict between the Adat and state control has led to adat land being seriously compromised, since it is adat land in a multitude of cases that is being challenged by international and national capital. Adat land is fragile to this kind of abuse since it has no material owner – it is held in trust for the ancestors of Balinese people. In the absence of title, feudal notions of common land represent a fertile source for all capitalist enterprises mediated by the government. Thousands of hectares of agricultural land have been sacrificed annually for the development of tourist amenities, including roads and housing. This is followed by deforestation of conserved green areas which have been turned into a varied collection of concrete buildings for bars, art shops, hotels, restaurants, etc. Beaches and sites for local people to perform regular cultural ceremonies have been rezoned for tourism. In order to free sites for hotel development, several temples – sacred sites – situated along coastal areas have been relocated to other areas. These cases elucidate the dominant position of the tourist industry over collective needs for land development that reduces territorial opportunities for cultural interaction.

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The undermining of the territorial basis for Balinese culture goes back to the nature of the NEDP which prioritize national economic growth rather than a balance between economic needs and the longevity of local culture. By implication, land development becomes a means for increasing state revenues via taxation generated from the operation of national and international hotels and associated developments. Business opportunities in the hands of national and trans-national enterprises coincide with the spirit of nationalization to eradicate borderlines between localities, which also enable entrepreneurs to expand their business ties across the nation’s regions. Given that political decision-making is centralized within the national government in , land development has furthered the needs of corrupt government officials and the economic interests of big corporations. This condition has indeed facilitated monopoly practices, shown by the fact that the development of tourist facilities in Bali has been largely funded by Jakarta-based investors and joint corporations (Aditjondro 1995). Land acquisition and land speculation are invariably promoted under these circumstances.

The instigation of the so-called national land reform, the BRAP, is a de facto legal means of eroding the Adat system. In doing so, the BRAP first of all subjugates two fundamental social components over land matters: the Adat system and roles of the desa adat institution. The state prioritizes its political control over land by excluding Adat and desa adat institution involvement from decision-making roles within government; hence eliminating the cultural values stored within the Adat system and its heritage institutions. Firstly, and as a result, land development becomes a state-oriented process, rather than a collective decision-making process that maintains and propagates the interests of both parties. Secondly, the BRAP redefines desa adat institution’s rights over communal land into those that are transferable within the market mechanism. So, the idea of communal rights over land is gradually vanishing. If this transformation is not restrained, Balinese culture will subsequently lose its territorial basis and consequently its very existence.

1.3 Research aims

Given the overall impact on Bali of the problems described above, this thesis will seek to demonstrate that “state planning as imposed by the Indonesian government is inappropriate in the Balinese context”. In order to do this, the thesis requires that three conditions be met. Firstly that research questions be constructed so as to support the thesis and further its development. Secondly, that a theoretical framework underpinning the research be developed that allows the research questions to be fully explored. And finally that an appropriate methodology, or methodologies, are set in place in order to incorporate specific strategies that will allow the proper demonstration of the thesis.

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1.4 Research questions and sub-research questions

The thesis contains fundamental components. First, we have the conflicting relationship between development and culture as a whole. Second, there is the problematic of the state sponsored planning system currently in force. Third, there are the conflicts emerging from the differing concepts contained within local planning practices and the territorial behaviors embedded within Balinese traditional life. Deriving from these elements, this study identifies three significant research questions that are presented accordingly below. In order to provide an understanding of how these questions are developed, a brief introduction to each fundamental component is also provided

The conflicting relationship between development and culture, the basis of the first research question can be formulated as follows:

1. How does culture emerge as a significant means for economic development in Bali on the basis of the daily life of local people? In this situation, the issues relating to development are addressed: Balinese culture, and the difference between modern culture represented by state regulated planning systems, and local culture represented by the Adat (the traditional system that governs all aspects of community life). The statement that Balinese society has been adversely affected by unregulated development primarily related to the tourist trade is then brought to the surface. While there are the obvious impacts from global and national processes – previously described – this thesis focuses directly on its immediate effects on local people and the local culture.

Addressing the next element involving the problematic of the State planning system currently in force, the second research question can be outlined below:

2. How does the state planning system, specifically that of development control, affect territorial practices in Bali? In this instance, contemporary planning systems in developing countries have been largely adapted from the planning practices of the first world, with the main objective being the control of land use. In practice, this means that land, one of the basic factors of production, must continue to produce profits as a first principle. When this system impacts upon highly complex traditional local culture in the third world, serious problems arise, since the value systems deeply embedded in each scenario are completely different and form the basis for serious conflict.

The development of the third research question concerns the conflicts emerging from the contradictions inherent to State planning and the traditional Adat system of the Balinese. The third research question is therefore:

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3. How do the various impacts on the cultural use of space erode the integrity of the Adat system? In the third segment, we are faced with the issues relating to the functioning of the system of land use planning currently set in place by the government, where its relevance to Bali is seriously in question. In this regard, it seems reasonable to assume that many of the current problems faced by the majority of the Balinese people as a result of uncontrolled development must arise from this system. But exactly how this process has impacted on local people has not yet been systematically demonstrated.

Each of these research questions will be expanded into various sub-questions, as shown below.

1. How does culture emerge as a significant means for economic development in Bali on the basis of the daily life of local people? a) How does the national context of Indonesian society and its political strategies dominate those of Balinese society, and how does it regulate the overall development within the island? b) What are the substantial elements constituting Balinese culture, and how is territoriality fundamental in conserving this culture? c) How is culture incorporated into Bali’s economic development and how are its components (forms and values) threatened by this process?

2. How does the state planning system, specifically that of development control, affect territorial practices in Bali?

a) What are the major forces that contribute toward spatial change in Bali? b) How does the state enforced development control system actually operate?

c) How do territorial conflicts surface?

3. How do the various impacts on the cultural use of space erode the integrity of the Adat system?

a) How does the state imposed system redefine the economic relations of the Adat?

b) How does Bali’s compliance to state imposed social relations undermine the social structure of its traditional system?

c) How does the relationship between culture and regulation surface in a pattern of unresolved conflicts over space?

In order to situate and contextualize these research questions a theoretical framework will be outlined in the next section.

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1.5 Theoretical framework

While there are many theoretical and philosophical structures utilized for research, for example phenomenology, heuristic inquiry, symbolic interactionism, verstehen, naturalism, ethnography and ethnomethodology, ethogenics, ecological psychology and general systems, to mention just a few (Bryman 1988, Patton 1990). Overall this study has adopted a hermeneutic approach to theoretical enquiry. The word Hermeneutic is derived from the Greek word hermeneuo, which means to interpret or to translate (from the messenger of God Hermes) (Ross 12 November 2003). The Hermeneutic approach is based in several principles. First, that knowledge cannot be constructed, that there are no absolute certainties, and that knowledge cannot begin from nothing (Ross 2002, Ricoeur 2000, Gadamer 1991).

In principle, this theoretical framework works against the traditional approach of foundationalism, which conceives knowledge as being constructed with absolute certainty based on a system of self- evident first principle demonstration (rationalist, namely Aristotle) and experience (empiricist, namely Husserl) (Ross 2002). In contrast, hermeneutics declares that the rationalist’s self-evident claim is in fact something uncertain and subjective and is largely dependent on the way of thinking and level of understanding one possesses. This constructed knowledge subsequently varies from one ‘rationalist’ to another. Similarly, self-experience within the doctrine of empiricism is not guaranteed as self-evident, but something that one seizes and intuitively constructs as part of self- observation. Thus hermeneutics emphasizes that knowledge is not a self-evident truth. It is not built on nothing, but on previous knowledge of conditions of facts, thoughts, and experience (Grondin 1994).

In the process of constructing this knowledge, not only can uniformity occur, but also mistakes, disagreements, and differences, even when thorough self observation is in place. One’s interpretation and translation of the existing facts are a crucial contribution towards this uncertainty. Infallibility or incorrigibility of things is believed, since the truth only remains till something else takes place that changes one’s opinion – and a new form of knowledge is revealed (Gadamer 1991, Ricoeur 2000).

The decision to adopt the hermeneutical approach in this study therefore allows me to objectify concepts (Thompson 1981), interpret data with input from research participants, and to observe circumstances in which actions are or were taken (Cuthbert and Thompson 1993), and “to search for greater depth of meaning, rather than the discovery of new facts, or increased accuracy in predicting future circumstances” (Cuthbert 1988: 2).

There is also a parallel between the primary hermeneutic approach and the ethnomethodological theoretical framework, which focuses on the process of change rather than merely questioning the

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substance of what is changed (Garfinkel 1967, Heritage 1984, Feldman 1995). “…The outstanding question for social science …is not whether social facts are objectively grounded, but how that objective grounding is accomplished” (Schuman 1987: 57). With a combination of these two theoretical approaches we may investigate in significant depth what Balinese culture is about, and the significant meanings allocated to territory in relation to the longevity of this culture can also be identified. Secondly, it enables the research to focus on how the culture has coped with the process of economic development, and how it is conserved from within. In the application of these theoretical approaches, the following research methodologies explain in greater depth, how theoretical concepts are applied in practice.

1.6 Research methodology

In adapting a hermeneutic theoretical approach, the research methodology embodies three main strategies. The first is in its position in explaining the relationship between society and space as characterized in social anthropologist E.T.Hall’s book ‘The Silent Language’ (1973), with particular reference to his research methodology in explaining cultural formation, called The Matrix of Culture. The second position is the method of qualitative research characterized by group discussions – focus groups, and third, in-depth personal surveys at physical sites.

Culture is a process through which human beings interact with their environments. Differences in geographical, resources, historical backgrounds, etc. have brought about varied responses as to how this interaction process is set. Hall (1973) refers to this interaction as a communication process that involves ten kinds of human activities. He labels these activities as primary message systems (PMS), which are interaction, association, subsistence, bisexuality, territoriality, temporality, learning, play, defense, and exploitation.

Table 1.1 explains the potential interaction among the ten PMS. The relationship between the PMS (territoriality) and the other nine PMS are highlighted, as this thesis aims to seek a connection between culture and space. Each single box indicates a possible form of communication between two primary message systems in a particular direction. For instance, Hall considers that the interaction between the primary message system of ‘association’ with another primary message of ‘economic’ – box no. 12 – will be different from that between ‘economic’ and ‘association’ – box no. 21. This also applies to other primary message systems. In any particular society, reciprocal interactions are significant. For example, the action of society on education is very different from the action of education on society. In the former case, society might limit the amount of resources devoted to education as a whole. In the latter case, the impact of educational level on society will affect a wide range of activities, research, employment, etc.

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Primary message Interactional Organizational Economic Sexual Territorial system 0 1 2 3 4

Communication Interaction Vocal qualifiers Status and Exchange How the sexes Place of Kinesics role interact interaction Language 0 00 01 02 03 04

Society Association Community Class Economic roles Sexual roles Local group roles Government 1 10 11 12 13 14

Work Where the Subsistence Ecological Occupational Formal work Sexual division individual eats, Community groupings Maintenance of labour cooks, etc. Occupation 2 20 21 22 23 24

The sexes Areas designed Bisexuality Sex community Marriage Masc. vs. Fem. to individuals (clans, siblings) groupings Family Sex (biological)) by virtue of sex Sex (technical) 3 30 31 32 33 34

Men’s and Space Territoriality Community Group Territory Economic women’s Formal space territory areas territories Informal space 41 Boundaries 4 40 42 43

Men’s and Territoriality Temporality Community Group cycles Economic cycles women’s determined cycles cyclical activities cycles 5 50 51 52 53 54

Community lore- Learning groups- Reward for Learning what get taught educational teaching and What the sexes Places for and learned institutions learning are taught learning

6 60 61 62 63 64

Community play- Play groups- Professional Men’s and Recreational Play the arts and teams and sports and women’s play, areas sports troupes entertainment fun, and games 7 70 71 72 73 74

Community Defense groups, Defense dense- structured armies, police, Economic What the sexes defense system public health, patterns of defend (home, What places organized defense honour, etc.) are defended religion

8 80 81 82 83 84

Communication Organizational Food, What men and Property what Exploitation networks networks (cities, resources, and women are is enclosed, building groups, industrial concerned with counted and etc.) equipment and own measured

9 90 91 92 93 94

Table 1.1 Hall’s Matrix of Culture - highlighting territoriality Source: Adapted from Hall (1973)

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Primary Temporal Instructional Recreational Protective Exploitational message 5 6 7 8 9 system

Participation in Use of Times of Teaching and the arts and Protecting and telephones, Interaction interaction learning sports (active being protected signals, writings, and passive etc. 05 06 07 08 09 0

Protectors Use of group’s Age group roles Teachers and Entertainers and (doctors, clergy, property Association learners athletes soldiers, police, etc.) 15 16 17 18 19 1

When the Learning from Pleasure from Care of health, Use of foods, individual eats, working working protection of resources, and Subsistence cooks, etc. livelihood equipment 25 26 27 28 29 2

Periods Teaching and Participation in Protection of sex Use of sex assigned to learning sex recreation by and fertility differentiating Bisexuality individuals by roles sex decoration and virtue of sex adornment 35 36 37 38 39 3

Scheduling of Teaching & Fun playing Privacy Use of fence space learning games, etc., in and markers Territoriality individual space terms of space assignments 45 46 47 48 49 3

Time of When the When the Rest, vacations, Use of time- sequence, individual learns individual plays holidays telling devices, Temporality cycles, calendar etc. 55 56 57 58 59 4 Enculturation Rearing Scheduling of Informal Making learning Learning self- Use of training Learning learning (group) learning fun defense and aids Education stay healthy 65 66 67 68 69 5 Recreation Use of Fun recreational Play seasons Instructional play Playing Exercise materials (play Play Games things) 75 76 77 78 79 6 Protection Formal Scientific, Mass exercises defenses The when of religious, and and military Informal Use of materials Defense defense military training games defenses for protection Technical defenses 85 86 87 88 89 8 Material Fortifications, Systems What periods School buildings, Amusement and armaments, Contact with are measured training aids, etc. sporting goods medical environment Exploitation and recorded 96 and their equipment, Motor habits industries safety devices Technology 95 97 98 99 9

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Chapter 1 Thesis Context

In order to carry out an adequate analysis of Balinese society, I first started by researching ‘culture’, and what it constitutes (Nelson and Grossberg 1988, Giddens 1989, Hall and Gieben 1992, Rankin 2000). What is regarded as a classic text in that of Raymond Williams (1981) where the understanding of culture is set out in the basic principles of modernist analyses. Since that time, most universities have set up schools of ‘cultural studies’, probing the various facets of postmodern cultural products from table manners to pop music, fashion, racism, and other aspects of social life.

Given that the Adat system, which forms the core of my comments, is basically a collective and communal quasi-feudal social system, a method derived from cultural anthropology rather than cultural studies seems more appropriate. Also since my focus is space, Hall’s map of culture sets out a precise (albeit somewhat functional) view of culture as a system of communication. Using this method, which is perfectly adequate as a foundation for analysis in this thesis, spatial from and spatial practices can be isolated, which is singularly useful in the context of this work.

The rationale used in adopting the group discussion research method is primarily to accommodate people and the subjective dimension within the process of defining problems that are central to their lives (Pratt and Loizos, 1992; Mason 1996; Crotty 1998). "The developments in recent years has caused the research community to become concerned about the possibility that traditional research procedures are perceived by local groups as intrusive, aggressive, and distanced, and that too much development planning has been a top down affair, carried out in the name of local welfare but over the heads of local people. To counter this, an idea of development planning and linked research has arisen which is altogether more consultative and collaborative.

For these and other reasons approaches have been developed which have a completely different style and rationale. Hence, the idea of 'participatory' research, in which researcher and local people collaborate closely to explore the issues which the locals think require research and action" (Pratt and Loizos 1992: 8).

Issues raised from the grass roots level are critical in accommodating into the urban planning process the impacts of economic development on local people's way of life, traditions, and culture. Group discussions are adopted as a method to listen, to learn, explore and gain in-depth knowledge from argument and debate amongst the group members (Krueger 1994; Knodel 1995; Morgan 1997; Morgan 1998). Critical thinking and debate usually emerges during group discussions, which cannot be achieved if respondents are interviewed individually (Blaikie 2000).

This study selected three key case study sites: Kuta, Ubud and Tenganan, whose detailed geographical positions are described in Table 1.2 and Figure 1.1. Given that tourism is the key economic force for economic development in Bali, these three case studies were chosen on the basis that they represent major tourist destinations. While these examples are each unique in the Balinese context, they are also generic since they represent a general paradigm implicit to current economic strategies, and therefore reflect the situations – past, present, and potentially future – across the island. These case studies represent various levels of economic development, and also

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demonstrate a range of modifications in land use. The diversity in the data collected endows a broader perspective and opportunity in exploring how urban planning practices have played a major part in unregulated land development, and how this circumstance works against the concept of cultural conservation.

(1) Kuta (2) Ubud (3) Tenganan

Position Southern Bali Central Bali (Gianyar Eastern Bali (Badung distict) district) (Karangasem district)

Type of area Coastal area Inland Highlands

Prominent attraction to the tourist industry Beaches Culture Culture (native villages)

Table 1.2 Case studies: desa adat of Kuta, Ubud, and Tenganan

In each case study, minor group discussions were held in three separate sessions with each session consisting of a dialogue between five to seven people. The final main group discussion was held in which most of the previous members participated, consisting of about 20-25 people. Paradoxically, I found that the final group discussions produced more debatable responses, which contributed significantly more dynamic data for this research. Appendices 1, 2 and 3 present the recorded version of the three major focus groups held in Kuta, Ubud and Tenganan.

Group participants consisted of community members, including village leaders (both from the desa dinas – the level II local government agency at the village level – and desa adat – a village that operates based on social systems of the Adat). The desa dinas or desa adat leaders both helped in the selection of participants and the organization of the venue, date and time for discussion. Prior to the focus meetings, a discussion was held between the village and Banjar leaders and myself, to address the research objectives including the foundations of community participation and the success of group discussions. A list of issues to be discussed by the focus group was also distributed among the participants before the due date, in order to brief the group members on key issues. Each group discussion took about 60 to 90 minutes and was led by a moderator.

Physical observation was aimed at collecting present data (in the year 2001) on existing land use in Kuta, Ubud and Tenganan. Existing land use from the previous five years in these three areas was secondary data obtained from the Department of Agrarian and Land Affairs in Badung district, the Department of Agrarian and Land Affairs in the Gianyar district, and from the archives in the village of Tenganan. This physical data provided information on changes in land utilization in each case study from the period 1995 to 2001. In so far as terminology in regard to government organization and other situation are concerned, I have used common existing at the time the field survey was carried out between December 2000 and March 2001.

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Chapter 1 Thesis Context

The Indonesian archipelago and the globe Bali within the Indonesian archipelago

Positioning Bali within the globe and the Indonesian national boundary

3 2

Java

Lombok

1 KUTA 1

2 UBUD

3 TENGANAN

Figure 1.1 Map of Bali & the three case studies of desa adat Kuta, Ubud and Tenganan

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Chapter 1 Thesis Context

1.7 Chapter outline

In the process of demonstrating the thesis, the study has been divided into seven chapters.

Chapter 1 outlines the contextual background to the study that underlines the unregulated land development encountered in Bali. In stating the research problems, this chapter moves from the global level to the national and local levels whereby the aims of the study are identified. Also outlined are the development of three major research questions, the selection of a hermeneutical theoretical framework as the core method of approaching, interpreting, and objectifying various research data obtained from focus-group discussion, physical site observation, and the implications of Hall’s Matrix of culture.

Chapter 2 situates the predicaments related to development in Bali within a third world context. This chapter is intrinsically linked with the characteristics of global development and the overarching impact of imperialism on development in most third world nations. As leisure- migration represents an alternative means of revenue to most developing nations such as Indonesia, this chapter also covers the issue of the economic benefits of tourism as well as its extended impacts in luring economic migrants from neighbouring regions. The role of culture as a tourist commodity and people’s lifestyles are then addressed as a substantial component of planning. It then becomes clear that a system of land use management that embraces cultural values is as important as those of the economy and the market.

Chapter 3 covers major aspects of Indonesian social diversity within which the complexities of Balinese culture are amalgamated. The importance of territorial forms and practices are paramount within communities in Bali, a situation undermined by the process of economic development. This chapter also exposes the fact that state endeavours aimed at strengthening national integration and unity, constitute major threats to Balinese cultural integrity.

Chapter 4 pertains to matters of territoriality and illustrates the territorial conflicts that emerge in Bali. These include the escalating demand for land from various contributing sectors, such as the development of tourist amenities, commerce and trade, the increasing need for settlement to accommodate the escalating number of economic migrants, and the development of social and physical infrastructures. The state system of development control currently in force to organize such diverse interests is also presented. The emergence of territorial conflict in this chapter is viewed as the inherent incapacity of this system to balance the contradicting needs of land for cultural practices and land as a means to support production and economic gains.

Chapter 5 details the various scenarios in which the unregulated development of land is presented. This includes cases of generic development taking place right across the island. Examples of these are given in the three chosen case studies of the desa adat in Kuta, Ubud and Tenganan. Apart from

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Chapter 1 Thesis Context

the conflicting territorial interests existing at many levels, this chapter also identifies the varying degrees of conformance to state policies, and the level of private investment encouraged to participate as major contributing factors determining the level of land use change, and the destruction to cultural practices taking place in each chosen case study.

Chapter 6 examines the suitability and compatibility of the Indonesian State system with that of Balinese Adat. In so doing, the traditional system of Adat and the state systems are compared, and the conflicting issues between these two systems are identified and analysed. This chapter is inextricably linked to the global, national and local context of Bali’s development, and threats to the longevity of its unique culture are highlighted by a detailed analysis of the sustained and enduring conflicts between these two systems, resulting from Indonesian State intervention using modernist planning principles and practices.

Chapter 7 contains concluding remarks emphasizing the critical nature of the research process, the characteristics of planning in Bali, the future of the Balinese traditional system of the Adat, the significance of the research and its limitations, implications for any future research process, and the required properties of a just planning system for Bali.

Having outlined the context of this study, research questions, the theoretical framework, research methodologies, and chapter outline above, I will now situate the problems in Bali with those of the third world.

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C h a p t e r 12

Chapter 2 DEVELOPMENT AND THE THIRD WORLD

There is no single theory that explains the encompassing elements involved in this research on sustaining local content within regional development, a process that focuses on the conjuncture of the economy with cultural conservation. The reference to cultural conservation, especially in the context of land use management change, implies both the social and physical environment (Kaiser, Godschalk and Chapin 1995). As this research has progressed, it has become more evident that theories relating firstly to global development; secondly to the problems of imperialism in the third world; thirdly to migration and tourism; fourthly to planning and cultural continuity; and finally theories of land use management, are inherently bound together. Each of these is important since in turn: Bali was subject of the Dutch imperialism in the 19th century; Bali is now subject to the force of globalization, international tourist development and migration; its cultural content is threatened; and it is desperately in need of a land use management system that deals with these issues, in a sustainable, ethical and democratic manner.

2.1 Global development and its implications

Imperialism is regarded as the dominance of a stronger power over another primarily, by economic and political control (Owen and Sutcliffe 1972, Fieldhouse 1983). Historically, it manifested itself in the form of Colonialism, impacting on countries which are considered in today's context to be part of the “Third World”. Specific reference can be made to various Asian, African and South American countries (Chisholm 1982). Modern day manifestations of this oppression surface in economic and financial practices at a global level. The evidence of this can be found in the emergence of large global corporations that have come about through mergers and takeovers of smaller competitors. In turn these corporations exert their political influence on government policy and decision-making. This unfortunately encourages capitalist monopolies to flourish, which overwhelm the existing economies in most third world countries, keeping them enslaved and indebted to the first world even when the process of imperialist expansion is theoretically over.

Such practices become firmly rooted as governments seek to create more opportunities for trans- national corporatism and wealthy elite groups to act in accordance with their economic objectives, and with the expectation that favourable outcomes will encourage economic growth. Unfortunately, the inevitable outcome is inequitable economic distribution, disparity and poverty, which at the same time bring about the emergence of an even more dominant hegemony, possessing greater economic control, frequently in the form of dictatorships, military rule, or other forms of totalitarian politics.

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Chapter 2 Development and the Third World

Classical theorists of globalisation believed that the need for capitalists to expand their markets was the driving force for globalisation (Waters 2000). The creation of navigation routes to Asia and the discovery of America opened up a world-market as the foundation for monopolies at a global scale. This development is explained by traditional economic analysis with regard to the three basic factors of production: land, labour and capital (Chisholm 1982). Because of the uneven distribution of these individual factors in the various geographical areas of the world, this in turn encourages the relocation of people, capital, and resources, and generates the ever-increasing need for the exploitation of nature. This rearrangement creates even more complex issues regarding development in certain countries in terms of their politics. This is particularly relevant where the government has a crucial role in promoting legislation; developing the economy, solving disparities and inequities, and resolving social and cultural practices arising from the adaptation to, or embracing of, new ways of life and norms.

With today's unrestrained migration brought about by the advancement of technology and communication systems, international tourism has become a major pastime pursued in enhancing one's quality of life after reaching a certain level of individual material wealth. A well-marketed and promoted tourist industry thus emerges as the product of surplus wages in developed countries, and as a crucial process in the general trend towards commodifying local cultures in the interest of capital accumulation. However, there is a price to pay for its existence. Apart from its contribution in enhancing economic growth, the industry at the same time enhances an economic transition, e.g. from quasi-feudal forms of land tenure and land use to supplying tourist markets. Socially related issues, such as conflict over values, the loss of local culture and environmental deterioration are some of the other problems encountered (Cohen 1978, Gunn and Var 2002)

Coinciding with the dynamic power of capitalism and migration, extended through globalisation, the ubiquitous loss of local cultures is notable. This situation, promoted by powerful electronic media, has played a major role in spreading uniform cultural trends throughout the world, causing the erosion of local cultures and replacing them with western cultural values. More importantly, the diversity of cultures which have provided the world with historically unique cultural systems is being threatened. Therefore the continuity of individual cultures has to be promoted and conserved before the situation gets to "a point of no return." How and in what manner should the institution of planning address this? Is there a defined theoretical position in response to this query?

Historically, cultural change has traditionally been linked to the land, e.g. hunters and gatherers, feudalism, subsistence agriculture, right up to modern industrial society, where a complex division of labour created an absolute distinction between ‘rural’ and ‘urban’ society for the first time in history. However, the complexity of human development has generated a situation where several modes of production can exist side by side as in Bali. A clash of consciousness then ensues with

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somewhat unpredictable outcomes and conflicts. Land is usually at the centre of this conflict. The way land is managed is reflected in how people live their lives, which has direct links to culture, even in industrialized societies. Land provides space for human beings to go about their daily living. Thus land use patterns are partly a reflection of people's behaviour. So discussing cultural conservation inevitably leads to a point which stresses the significance of land as a means to retain the continuity of the way people live their lives and preserve their norms. The problem here is whether it is possible to conserve local culture within the context of global development.

Among the three factors of production, land is the only factor that is immobile and its essential value is non-depreciable with time. Unlike other economic goods, the value of land is in principle, completely derived from its location, use or production. This economic value is market driven based both on the demand and availability in specific areas and not on any ‘inherent value’. On this basis, a variety of land use patterns are possible on the same land-form, since the political economy of place is constantly changing.

The theoretical issues emerging from the above context will be discussed in greater detail below.

2.2 Problems of imperialism and the third world

Imperialism is the process that determines the association between developed and undeveloped countries. This domination of the former over the later was regarded as formal or non-formal empire (Owen and Sutcliffe 1972, Fieldhouse 1983). This concept highlights the idea that colonialism was characterised by the export of population, whereas imperialism was a process fundamentally characterised by the export of capital supported by military force. Both were concerted methods of exerting the political power of primate countries over the weaker ones. This was made possible as some countries had superior achievements in education, technological advancement in navigational skills, natural resource extraction, industrial development, and military armaments and power. The need for particular resources found only in certain geographical areas was also another significant reason for this practice. The most important stage in imperialist expansion was during the 17th-18th century, when many European countries conquered terrain in Africa and Asia, and when merchant capital captured monopolies over trade in whatever form was possible (Ricklefts 2001).

Naturally, imperialism still exists, – but it adopts a form that can be referred to as financial and informational imperialism. It is interesting to note that Lenin subtitled his book, “Imperialism – the Highest Stage of Capitalism,” a stage characterised by the establishment of monopolies. Karl Marx’s “Capital” (1962) referred to imperialism as a particular stage in the development of modern capitalism, whose prime feature was dominance over regions of the economy by a few firms. This practice remains in today's corporate world extended a hundred times by the emergence of giant

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Chapter 2 Development and the Third World

corporations who control certain economic sectors at a global and national level. The birth of these corporations is attributed to the merging or taking over of numerous small businesses, and this gives them the ability acquire new and expensive technology, which in turn helps in reducing labour costs, hence ‘one capitalist kills many’ (Kemp 1972). The sizes of these corporations also enable them to command large financial loans from lending institutions (banks). This power allocates them market dominance. To secure this supremacy, geographical divisions or markets based on economic primacy are set in place. As such, the concentration and centralisation of capital is inevitable. At the same time, this both reproduces and extends poverty and monopolistic practices, and also creates a class of wealthy elites – a capitalist class – within society.

Two of the general principles of capital accumulation are first, the extraction of surplus value from labour, and second, the extraction of profit from speculation – on capital, land, floorspace/property, etc. Both processes have encouraged enterprises to integrate their markets and labour forces in order to enhance the growth of their assets. Joint cooperation with the state which mediates social conflict, is usually necessary for this to take place. Such cooperation also brings about facility in obtaining extended loans from banking institutions. In turn the state views this as an opportunity to encourage growth by development. Magdoff (1972) suggests there are two contradictory roles played by the state in this context. Firstly, the state as an initiator of imperialism, and secondly the state as the negotiator for the abolition of imperialism. Magdoff explains further that: 1. There are those who view the government as a servant of large corporations and banking systems.

2. There are others who view the government as an independent agency arbitrating in conflicts with the freedom to regulate legislation and policy. Whichever view one adopts, it is clear that virtually all of the countries that were colonised in the past happen to be part of today's third world (Giddens 1989). This past history has constituted a bridge in the form of international relations, which bring about common processes and practices between the colony and the coloniser. As such, it has without doubt, enabled present transactions involving the movement of capital and labour at a global scale.

Local participation with foreign investment inevitably creates the formation of a new wealthy dominating class based on capital, which comprises members of the society normally having links to the government of the day or a powerful body like the armed forces. In Indonesia even the military has to raise 60% of its own expenditure, a license that encourages serious abuse of many resources and social situations. In most third world countries, the elite and wealthy groups tend to control the economy, since these countries are desperately in need of capital investment to finance development. In return, these nations provide global development capital with a large population that acts both as a potential market and a source of cheap labour, and a relatively stable economy supported by substantial military involvement in the investment process as well as social control.

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It is understandable that governments view capital as the driving force for economic growth. Concessions that have detrimental long-term effects on the environment, culture, land use, and social equity tend to be made by governments in their attempt to attract capital in the short term, for the benefit of elite groups within the society or even for its own political and economic gain. Thus the government in developing countries tends to represent the interest of the dominant class, usually restricted to few powerful families and their cronies (Knight 1991, Ghatak 1995). On the other hand, such a situation also provides the opportunity for investors to be in a position of greater dominance, not only in economic terms, but also in politics and decision-making. The overbearing practices of monopoly capitalism are therefore provided with fertile opportunities in such environments.

The government as the ruling authority in many developing countries is not perceived by most citizens as solving problems, but is seen by many to be an inherent part of the problem. This brings about an environment where the poor support the wealthy in increasing their wealth and in consequence perpetuate their poverty – for example, Marcos and his cronies in the , Mobutu Sese Seko in Zaire, and Soeharto in Indonesia. Economic inequality and disparity are inevitably created. Wealth is held by elites and the poor are kept subdued. A central reason for this apart from the actual structures of capitalism itself, is lack of financial, educational, technological, and material resources, and also a limited administrative capacity to capitalize on whatever resources do exist.

2.3 Migration and tourism

The study of migration is central to the process of development, modernization and globalization. Historically, migration from one place to another started when human beings emerged as a species. Migration has many possible origins, – famine, religious persecution, poverty, natural disasters, as well as the need of developed nations to increase their supply of cheap and plentiful labour. The specific stimuli for migration emerge from natural or social causes. Among the natural causes are changes in climate, stimulating a search for either warmer or colder environments; volcanic eruptions or floods that render sizeable areas uninhabitable; and periodic fluctuations in rainfall. Social causes however, are generally considered to have prompted many more migrations than natural causes. Examples of such social causes are inadequate food supplies caused by population increase; or defeat in war, as in the forced migration of Germans from those parts of Germany re- absorbed by Poland after the end of World War II in 1945. Migration also represents a spatial redistribution of people. It has important consequences for development, the use of land, for the availability of work, and possibly social and economic stability.

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In an attempt to comprehend the stimulus behind migration, geographers tend to divide the factors that encourage people to migrate, especially the economic ones, into two main categories: push factors and pull factors (Papastergiadis 2000, Lee 1966). Push factors are those which encourage people to look for new areas in which to live. They are most often associated with the desire to escape poverty, expressed in the lack of job opportunities or in the scarcity of resources as a result of unequal social distribution, environmental degradation, and population pressures. Pull factors are those which attract migration in all of its forms, such as non-oppressive regions, the rule of law, availability of employment, freedom of speech, social security, and other positives. In reality, migration, both internationally and nationally represents a combination of both push and pull factors.

2.3.1 Economic migration

As long ago as 1889, EG Ravenstein put forward a number of laws that he believed held true for the majority of population movements. He believed that economic issues have been the main cause of migration. For instance, the rural-urban migration pattern which characterizes much of the economically developing world is reflected in the growth of cities that offer a chance of prosperity. Ravenstein’s laws include the following considerations: that most migrants move only a short distance, and usually in small increments; the flow of migrants decreases with distance; the direction of movement is most likely to be from rural to industrial areas; migration increases in frequency and distance with the development of industry; and, the longer the distance travelled, the more likely that migration will end up in urban areas. However his theory does not totally represent more recent situations, where advanced communication, transportation, technology, and political integration such as the E.E.C., have eased the process of people movement over that of the past. Distance and time are no longer considered as major constraints.

However, the process of modernization that is a product of globalization has significantly increased migration levels at both international and national dimensions. At an international level, this situation becomes apparent when there is interdependence between nations, which are related as extensions of the global economy. Some of the symptoms of this situation include overpopulation in many countries, the widening economic disparities and inequities within and between countries, and the advancement of communication and transportation systems which enables information, people and goods to be transferred between distant territories. Various institutions also mediate in this process, for example trans-national corporations, the United Nations and its agencies associated with these institutions, and other internationally smaller social service institutions – e.g. religious groups, benevolent institutions etc.

Other social networks such as intermarriage and prior mobility patterns that link families and communities together have also brought about increasing levels of migration. These cases apply

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within national boundaries. Consequently this form of relationship and interdependence among regions develops a complex set of exchanges in terms of trade, technology, capital and culture, which involves power differences in both economic and political dimensions.

2.3.2 Tourism

The dominant form of migration, namely tourism offers new economic opportunities for countries all over the world. Its contribution also brings serious damage to economic development within its host areas. Tourism continues to be a major part of world trade, and it is regarded as having considerable economic importance for all domestic economies. The greatest contribution that tourism makes is to provide job opportunities for local people, since it does not happen primarily for social intercourse. The following definition of tourism conveys the idea of its economic benefits. "Tourism is the temporary movement of people to destinations outside their normal places of work and residence, the activities undertaken during their stay in those destinations, and the facilities created to cater to their needs" (Mathieson and Wall 1982:1).

However, the economic potential of tourism is also now being questioned, as it is not such a simple equation as was previously thought. Does the economic contribution made by the tourist industry come with negative impacts? Does it not cost more than it contributes? There are a significant number of issues to be raised, as well as the positive and well-promoted consequences of tourism on economic development. For example, the socio-economic and environmental aspects demand considerable concern within tourism planning. Unfortunately, in the past these issues were given little or no such consideration. Several theorists believe that negative impacts associated with the tourist industry are due to the absence of proper tourism planning (Gunn 1988, Smith 1989a, b, Johnston 1990, Savage 1993, Pleumarom 1994). In some countries the plans have been designed and work well. In other countries unfortunately, the plans do not work well, or have not happened at all.

Butler (1976) has identified two main factors that influence the central impacts of tourism. First of all, there is the visitor factor, which includes volume, length of stay, racial characteristics, economic characteristics, and tourist activities. Secondly, there is the destination area factor, which includes the form of economic development, spatial characteristics, land absorption capacity, degree of local involvement, strength of local culture, and general history of stability. Both factors basically work together in configuring the industry.

The positive impacts of tourism in enhancing the economy, such as incomes, jobs, improved revenues and land taxation, are well known, providing some local residents with sources of income that they would not otherwise have, and the economic benefits of tourism have been well defined by Mathieson and Wall (1982). He states these as both primary and secondary benefits:

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Chapter 2 Development and the Third World

Economic Benefits of Travel and Tourism

A. Primary or Direct Benefits 1. Business receipts 2. Income a. Labour and proprietor's income b. Corporate profits, dividends, interest, and rent 3. Employment a. Private employment b. Public employment 4. Government receipts a. Federal b. Government c. Local

B. Secondary Benefits 1. Indirect benefits generated by primary business outlays, including investment a. Business receipts b. Income c. Employment d. Government receipts 2. Induced benefits generated by spending of primary income a. Business receipts b. Income c. Employment d. Government receipts (Mathieson and Wall 1982: 328).

The economic benefits of tourism can be extensive, improving functions at every societal level. Most countries, especially the undeveloped nations, seek them out and install appropriate policies to advance their growth. Developed countries on the other hand, have enacted intensive policies for conservation in order to both protect and industrialize the process.

Tourism focussed on deriving social and personal values, can also produce positive benefits. Cultural exchange is probably the greatest social value of tourism. “In many areas, tourism has stimulated a renaissance of traditional art forms with increased development of ancient crafts- carvings, fabrics, paintings, pottery, jewellery” (Mathieson and Wall 1982: 166). In respect to concerns related to human psychology, Plog states that, "Psychological needs suggest that several needs are satisfied by pleasure travel" (Plog 1982: 203). Furthermore, the Manila Tourism of Conference (MTC), 1980 clarified that "…tourism is a factor that favours social stability, improves the working capacity of communities, and promotes individual as well as the collective well- being…promoting mutual knowledge and understanding and as a basis for reaching a greater level of respect and confidence among all the peoples of the world" (MTC 1981: 118).

Further benefits of the tourist industry are its capacity to enhance the quality of the environment, conserving more natural resources such as national parks, species of plant and animal life, depending upon how the government re-invests the surplus. Moreover, many forest management programs have been implemented, and as a consequence, have increased both animal and tree production (Britton 1991)."In recent years many cultural assets have been identified, restored, and

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Chapter 2 Development and the Third World

interpreted. Increased tourism has provided the motivation and economic support for many of these programs" (Cohen 1978: 218).

However, besides the economic and cultural benefits derived from the tourist industry, development catering for tourism also brings about negative impacts, which to a large extent have been caused through the erosion of local culture, increased pollution, the destruction of natural resources, and the escalating price of commodities, land and labour. In actual fact, these impacts usually occur over time, and usually do not happen as a result of tourist development in the short term. Unfortunately, this means that rectifying the negative results becomes much more difficult, although it is clear that not all social and cultural processes can be reinstalled at will.

Research also shows that local people find tourism to be a problem, especially in situations where most of the population have reduced means of support or a few possessions (Enloe 1989, Smith 1989b). Under these circumstances, local people need to make an effort to work longer, more erratic hours to fulfil the needs of tourists. In other cases, local people give up other kinds of subsistence activities, such as agriculture. There are also cases where people are willing to relinquish their basic values, to trade them, in an effort to gain cash from tourism. However, the dominant roles of other players (government and tourist enterprises), look at the issues from the position that overall, the contribution to the economy is worth more than the accommodation of quasi-feudal practices, and social relations.

Cultural change is therefore a substantial outcome of tourist development (Smith 1989a). In fact cultural issues are at the centre of the tourist problematic. Culture indirectly portrays the natural conditions of the particular region through the adaptive mechanisms of its inhabitants. Indigenous populations who still retain their unique customs and lifestyles, are in a particularly vulnerable situation. They normally reside in traditional sites and remote areas, where most tourists are eager to go, but the economic advantage of these native ‘others’ accrues in the main to tour companies, local agencies, hotels, guides and the entire tourist apparatus.

Smith in his concept of ‘ethnic tourism’ points out that visits paid by tourists bring about crucial impacts on the continuity of indigenous daily life (Smith 1989a, Smith 1989b, Johnston 1990). The huge economic gap between tourists and local people is also another factor modifying behavioural patterns. Tourists are not always well informed as to how they are supposed to behave in traditional environments. Local people on the other hand also find it difficult to control their emotions and attitudes when they come into contact with the behaviour of non-indigenous people. Thus, the concept of ‘alternative tourism’ – ecological tourism – has been suggested (Smith and Eadington 1992). Alternative tourism is designed to contribute positive impacts on both hosts and tourists by

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devising residential and recreational activities with minimum negative impact on the habitats and societies that are visited. These are also designed to be part of a learning process for the tourists.

Despite these ideas, enhanced tourism environments more often than not, generate negative environmental impacts. They may operate in direct opposition to other human activities with respect to the protection of natural resources. In many instances, tourism has caused significant increase in pollution of water and air. Uncontrolled tourist activity brings about considerable pressure on natural resources. Part and parcel of this situation is the effect of environmental degeneration on historic sites and buildings, a serious problem in developing countries. Cohen emphasizes that; "…environmental threats from development for tourism are greatest in undeveloped countries where fewer human and economic resources are available to cope with the situation" (Cohen 1978: 232). Despite the fact that many countries derive serious benefit from the tourist dollar, little of this – as in Bali – is usually realized in the improvement of historic sites.

Similarly, the impact of tourist-oriented services, wholly non-essential to local people, has negative effects. “…. local populations, often the poor, have been displaced by development of new hotels, convention centres and food services, exacerbating their already difficult plight” (Mathieson and Wall 1982: 373). This domination of tradition by development has created a dependency on corporate and personal capital by people who are deprived of power. Since tourism is mostly run by national or international joint enterprises, local people frequently cannot participate, and in the case of Club Mediterraneē for example, imported labour removes significant local benefit. In this situation the concept of community-based tourism, where community involvement is considered to be at the front line, is far from its inception. Nonetheless, the concept holds much promise for profit through sustainable economic development (Ashley and Healy 1994, Ashley and Garland 1994). Community participation and involvement helps with the distribution of a positive contribution from the industry among the local people, although the benefits of this kind of tourism have yet to be fully implemented (Ashley and Garland 1994).

To deal with the negative impacts, there is clearly a need for intensive tourism planning, that is culturally sensitive, ecologically and economically sustainable, and conservation minded. It must be based at all levels in the community, since many of these negative impacts demand a significant institutional response in the form of responsive urban and cultural planning, as well as substantial involvement of local people in the political process.

2.4 Planning and cultural continuity

Culture is a valuable economic resource. This concept has given rise to the emergence of ‘the Cultural Economy’ (Scott 2000). The economic importance of culture can be drawn from the

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growth of the tourist industry, which does not take place without the cultural uniqueness of a particular tourist destination or tourist product. People do not want to travel thousands of miles to experience the natural scenery, sunsets, white sandy beaches, and an environment that might be similar to the one they left behind. A cult of difference drives the industry.

Cultural differences between various destinations provide the essence of the tourist experience. This ‘value-added’ from travelling keeps the tourist industry going, as people become more aware of their desire for new experiences. This in turn results in a situation where culture is treated as a commodity rather than an inherent natural and social resource. As society cannot be separated from culture, which gives every single moment within that particular society meaning and relevance, the processes of development, modernization and globalization are therefore major players in the tourist scenario.

Informational capitalism has become the vehicle of globalization (Waters 2000). It is the central driving force behind rapid social, political and economic changes. These changes reform modern society into a new world order (Giddens 1990, Scholte 1993, Castells 1996, Held and McGrew 1999), which irreversibly people's way of thinking, beliefs, behaviour, language, and life styles (Giddens 1989, Encarta 2002). Hence, one obvious impact of modernization and globalization is that most people have lost touch with their own cultural base. This results from the hegemonies of commodity culture that leads ethnic communities into a universal worldwide form of homogenization, a process of transformation against which there are few forms of resistance.

McGee (1994) points out that in the case of Southeast Asian countries, cultural changes have been driven by three main factors. Firstly, we find the new international division of labour at a global level. Advanced technology, communication and transportation have provided benefits for the relocation and establishment of new industrial activities in some developing countries. Government's support and encouragement (Ginsburg et al 1991), financial support from international investors and joint ventures between international and national/local capital have all supported the process.

Secondly, there is the question of transactional revolution, which is constantly carried out among and between nations and regions. This has been a radical force for cultural change in . Generally, transactions move four main elements: people, commodities, capital and information. Space is not considered a significant constraint as advanced technology has made it possible for transactions to take place electronically throughout the world – space has been replaced by time, and government regulatory support, combined with advanced information systems, mean that capital and informational transaction is no longer subject to spatial constraints. However transactions involving people and commodities are still faced by time and space constraints as they were in the past. Although once again, transportation technology has made the

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process significantly easier than it was three decades ago, with new forms of marine and air carriers, as well as ground transportation using containers.

Thirdly we come to the consumption of the end products. This encompasses the emergence of global trends in food, dress, entertainment, and the built environment, which is frequently referred to as 'global culture'. This trend increases with the level of consumerism, where the gap between different income classes becomes increasingly obvious. The tendency therefore is for many forms of conflict to arise in the clash between global and local cultures. In replacing use values with exchange values, a moneterized economy is reinforced, placing pressure on local people to relinquish the nurturing aspect of local society – e.g. Balinese society – for a wage slave mentality.

These three factors demonstrate that the process of cultural change melts within the historical development of capitalism (Askew and Logan 1994). It illustrates the overarching process of dominating values over weaker ones. Culture has also become part of the production process used to multiply investment capital. The nature of various social and cultural changes within societies is therefore inseparable from the overarching position of capitalism driving the global market system, which has been the main stimulant for change to the traditional order (Eisenstadt 1987).

Nonetheless, the effort to restore local values is always an option, by deliberately reconstructing cultural artefacts and processes, and building up people’s confidence in their roots. At the same time they need to be ready to face accelerating social change with a new set of values and behaviour. So how to retain traditions within the process of modernization and globalization is a question that has no easy answer. This problematic is doubly vexed in the case of post-colonial societies, such as Indonesia, where the concept of history and ‘authentic’ culture has been associated with processes of domination and resistance within local cultures. Not only is Indonesia a post-colonial society, but certain local cultures are also significantly removed from their neighbours. Bali is separated out as Hindu in a predominantly Islamic society. So it struggles to survive under a variety of oppressive forces, political, religious and ideological.

Planning for cultural continuity in this context becomes wrapped up with planning for development. It absorbs present and future activities, facilities and amenities that make up a society's cultural resources (Evans 2001). We should also note Comedia’s view that cultural planning perspectives offer a foundation for policy formulation, “A process of monitoring and acting upon the economic, cultural, social, educational, environmental, political and symbolic implications of a city's cultural resources” (Comedia 1991: 78). This policy approach involves the role of government as a policy innovator and members of the society (people) as the object of the modernization process. Figure 2.1 the cultural resource regions that are taken into consideration in Comedia's approach.

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Symbolic sphere Economic sphere Political sphere

CULTURAL Social sphere RESOURCES/ Environmental sphere PERSPECTIVE

Educational sphere Arts/cultural sphere Training sphere

Figure 2.1 Cultural resources planning perspective Source: (Comedia 1991: 78)

Landry (2000) in support of Bennet’s (1998) cultural planning and government policy says "Cultural Planning is the process of identifying projects, devising plans and managing implementation strategies….It is not intended as the planning of culture…but rather as a cultural approach to any type of public policy" (Landry 2000: 173). Landry's approach in fact embraces both the position of the government as well as involving the community.

In a more practical approach Guppy (1997) suggests specific strategies as they are applied in other forms of planning, – a thorough assessment of the existing situation by setting clear goals and objectives, identifying clear issues and priorities, and formulating and implementing practical courses of action. "Cultural plans and policies articulate an ongoing role for cultural appraisal and action in a competitive planning environment. They also provide formal discourse with the statutory planning framework along with an informal and an energetic entry point for local communities eager to conserve and develop the cultural identity of their area” (Guppy 1997: 54).

These approaches demonstrate the need for crucial joint roles between the decision makers, the community, and cultural resources. However, since these considerations have been overwhelmed by the expansion of capital, it seems appropriate to involve the concept of strategic planning in which micro and macro economic concerns, economic resource allocation, investment schemes, and long range planning are considered as an integral part of cultural planning. This is to ensure that development occurs in the appropriate time and place, and is matched with the other sectors (Smith in Englefield 1987). It also tries consciously, to divert resources to local people.

In a nation such as Indonesia where the political system does not support a democratic relationship between the government and the people, the above approach must be viewed as a utopian solution to existing problems. Mediation between all parties is unlikely to exist in practice. The concept also

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simplifies the relationship between the bureaucratic system and society as a whole. Local people will always be at the front line in terms of knowledge about their own culture, and they will also be the first on the receiving end of progressive cultural modification. Therefore, the focus for planning cultural continuity should arise from the grass roots level. Guppy's (1997) idea on developing the willingness of communities to preserve and conserve their values is a substantial step in the right direction, due to the fact that it encourages development of the community's awareness of its own cultural inheritance.

2.5 Land use change management

How does the process of development/modernization and globalization affect land use? It is inevitable that these processes have brought about impacts on every single aspect of life including the spatial structure of a particular region. Economics, politics and the environment cannot be separated from the ways in which land is utilized and managed. The basic fact of land use change is clearly inevitable.

2.5.1 Development and land use change

Land use change is related both to nature, and to the concept of land as a resource. To the community, land is a resource in terms of its use. For the government, land has substantial economic value and is therefore treated as a commodity. In turn, this difference enhances the dominance of economic intentions over other values within the community. When land is treated as a commodity, its uses will be subject to profit generally based on a set of short-term goals. Consequently, its value as ‘symbolic capital’ or cultural content can be eroded as happens to other forms of capital (Lee 1994). Aldo Leopold the environmentalist says, "We abuse land because we regard it as a commodity belonging to us. When we see land as a community to which we belong, we may begin to use it with love and respect" (Leopold 1968: vii). However, it is the former value that appears to dominate social development.

Land is therefore predominantly managed as a tool for investment, or as a vehicle for profits

(Baken and Linden, 1992). "…. the value of land is, in principle, completely derived from the value of the product or the use of the land" (Brown & Roberts 1978: 6). Land is also a fixed and inelastic resource resulting in escalating land values across the developing and developed worlds alike (Doebele 1978, Darin Drabkin 1977). Increased demand for land is not always accompanied by a corresponding increase in supply, as landowners frequently have a tendency to hold on to the land as a basis for speculation, with the expectation of a better price in the future. These market trends lead us to a situation where once again huge monopolies prevail, where the opportunity to control the price of land within particular regions is extended by controlling both demand and supply.

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Multinational corporations are frequently willing to take over land by paying a higher rate in comparison with existing market value, in order to enhance their monopolistic control. In so doing, land prices can be manipulated at will. But monopolistic practices in land ownership unavoidably create social conflict, since the value system of multinational companies and local culture seldom coincide – witness for example, conflicts over Aboriginal land in Australia, the Indians in the Amazon, and the hill tribes in .

So land is a unique resource, in the sense that it represents fixed rather than mobile capital. In a feudal society, land has even more of a crucial role as a means of living (a major factor of production), because it does not represent capital at all. It represents direct sustenance and life. Therefore, particular social structures have a distinctive relation to capital accumulation that can exacerbate conflict due to the value systems they represent.

Overall, we can deduce that there are three determinants that have an impact on land use, namely economic factors, living conditions and values attached to the place where the land is located. Chapin (1957) in his early work in search of factors that determine land use patterns, breaks down these three determinants into three distinctive values: profit making values, public interest values and socially rooted values. Figure 2.2 shows a relationship between these determinants. What he means by each value is clearly explained by the diagram. Harmony will take place when all values reach a level of balance/equilibrium.

VALUES BEHAVIORAL PATTERNS CONSEQUENCES

Needs & Wants Goals Plan Decision

PROFIT- MAKING ACTION IN URBAN LAND MARKET VALUES X1 LAND USE PUBLIC INTER EST ACTION TAKEN IN THE INTEREST OF xn PATTERN VALUES LIVING CONDITIONS

X2

SOCIALLY ACTIONS TO PRESERVE OR ADVANCE ROOTED VALUES CUSTOMS, TRADITIONS, BELIEFS

Points X1, x2…,xn represents points where all side effects of actions seeking changes in land use reach equilibrium, with a consequence of 1,2,…,n changes occurring in the

Figure 2.2 Interrelationships among land use determinants. Source: (Chapin 1957: 72)

Furthermore, Chapin shows that realistically there are these three land use determinants, “…land use planning must not only take into account the physical practicalities of the land and existing uses

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it sustains, it must also identify and interpolate from a changing base of economic, cultural, and public interest values and project the kind of land development pattern that achieves a balance between all the relevant considerations” (Chapin 1957: 72).

How the balance between these three values is achieved, is a question that has not been answered by this model. Based on the work of Kaiser, Godschalk and Chapin Junior (1995), there are four main groups of players within the process of land use planning: the government, parties related to the land market and economics, parties related to particular interests, and land use planners. In most cases, the last group is the government itself with its central planning function and structure of subordinate departments and agencies. The particular ideological position of government then determines how the state apparatus is used.

These parties are involved in a high level competitive game in order for their goals and objectives to be realized. "Because each actor's reward depends on the actions of others, he will maximize his rewards if he can anticipate the actions of other players and devise a plan of action which enables him to benefit from their actions….These observations suggest that game theory may help explain interactions between landowners as they struggle in an evolving context to benefit from changes in land use". (Rudel 1989:19). Theoretically, each is bound within an interdependent context, where agreement between the players is required for individual goals and objectives to be achieved. In actual fact, they are not always in a harmonious relationship, as each party may have competing objectives, which makes the game even more complex. Rules for the game have to be introduced to regulate the competition. Figure 2.3 explains Keiser's work on relationships between the parties involved in land use planning and its rules.

GOVERNMENT Federal State Regional Local

MARKET INTERESTS Landowners GAME RULES Neighborhoods Developers (Planning and Environmentalists Builders development Economic Developers Realtors procedures) Farmers Bankers Minority Groups

LAND PLANNERS Future Land Use Current Land Use

Figure 2.3 The land use planning: stakeholders, planners, and rules Source: (Kaiser, Godschalk and Chapin 1995: 7)

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Figure 2.3 shows that there are two main conflicts of interest in land use: market interests and community interests. The Government in the position of decision maker is the regulator. How the planner mediates the conflict between different interests by adopting government regulations is a major challenge. The Planners’ work is based on current land uses projected into the future on the basis of transport, employment, population and other factors. In this process, economic gain frequently dominates community interests. Therefore, the role of the planner in promoting a good built environment by properly addressing both interests is substantial, if it is assumed that the government has incorporated for adequate supporting regulation. Again the definition of ‘good’ in terms of what is being built; and how, and when it is being built, are critical, since the answer will be based on competing and conflicting interests (Jacobs 1978, Lynch 1981, Calthorpe 1989, Beauregard 1990)

2.5.2 Managing land use change

Rudel (1989) in his game theory believes that players in land use change are willing to work in a more cooperative environment when they are allowed to interact with other players on a more frequent basis. By this method he believes that conflict among them is minimized. Based on this behavioural pattern he identifies three types of land use change:

1. Slow growing rural areas, with relatively stable residents and low rates of land conversion.

2. Rapidly-growing rural-urban places, where growth raises mobility and destroys recurrent relationship necessary to ‘tit for tat’ agreements, encouraging the adoption of legal rules (such as zoning) to control land use conversion.

3. Slow growing urban places, where stable neighbours contest each development proposal and the increase in disputes leads to more court cases and negotiated settlements, where a more formal tit-for tat behaviour is encouraged.

Moreover, consequent upon Chapin's earlier work, Keiser (1995) identifies three main sets of values in land use change, as follows:

1. Social use values express the weight that people give to various arrangements of land use as settings for conducting their lives; this view sees land use as a facilitator of desirable activity patterns and social aspirations.

2. Market values express the weight that people give to land as a commodity; this view sees land use as a real government profit medium.

3. Ecological values express the weight that people give to the natural systems; this view sees land use as a potential environmental threat to be mitigated' These three values are sometimes separate and competing, sometimes intermingled and supporting.

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Mitigating these interests Keiser offers two models for land use change management:

1. A land use change management model that incorporates structural concerns of human ecology and political economic theories through land use planning concepts.

2. A planning discourse model that incorporates process concerns of game theory through participation and dispute resolution concepts. It recognizes not only the values of the major stakeholders in the land use game, but also the values of the planner as both a technical expert and a player.

The first model of land use management is manifested as a three legged stool, where the legs represent social, market, and ecological values. To be able to stand, each value has to be balanced with the other two. If social use demonstrated by the neighbourhood is not considered, the community will not accept the planning strategies. If market values demonstrated by the government and developers are not considered, then the city would not be able to be built. If ecological values demonstrated by natural resource conservation are not considered, development will not be sustained. Incorporation of a balanced value-based system for planning is therefore essential.

The competitive nature of these three legs is integrated by a structure called land use change management, which resolves and mediates the conflict amongst the interest groups together with individual interests. Land use change management provides a coordinating process to provide the analytical, synthetic, and socio-political endeavour to balance and coordinate competing interests. Public leadership in land use change management provides the primary coordinating process. Sustainable development can be an important guiding principle in the search for balance among the three legs.

Land Use Change Management

Social Ecological Values Values Market Values

Sustainable Development

Figure 2.4 Land use change management as a three-legged stool Source: (Kaiser, Godschalk, Chapin 1995:52

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The second approach is a model of planning discourse. This model suggests that land use planning is successful to the extent that it encourages community consensus and participation in moving towards the proposed objectives. However this is not always possible. Community support and participation through a community-based consensus is necessary, but this by itself is not sufficient. The assurance that consensus be applied in a practical and operational basis is also required. This process has to be continually updated as a response to changing conditions and needs. Godschalk and Stiftel (1981) suggest that for a consensus to take place, involvement in a community discourse with other players – market-oriented developers, social use interests, and government officials – exchanging information, involvement, influence, and proposals in order to find solutions to development problems and needs, is required (precisely what does not occur in the Balinese context).

This model allows players involved within the process of land use planning to get involved within the current issues related to land use change. This is achieved by accumulating the needs of each player via a discursive process that will allow the community to see and forecast possible future scenarios and strategies related to land use. Therefore the model seems to be able to humanize the planning process as a community learning and consensus-building process.

Overall however, these models have all been synthesized within modernist, post-industrial democracies, where the legislative framework is extensive, enforcement procedures are in place, and anti-corruption agencies such as the Independent Commission Against Corruption (ICAC) are wholly operational. None of these conditions fully apply across most of the third world, particularly in Indonesia. So while the above planning models are laudable, they are utopian in developing countries and have little direct applicability to planning in the third world. Why this is the case will be explained in the course of this thesis in practical application to local circumstances in Bali.

The major elements covered above represent basic building blocks for the remainder of the thesis. Having explained the Hermeneutic framework applied in Chapter 1, the theoretical elements involved in the process have been reinforced and expanded above, in the second chapter. Together, they encompass the following five chapters of this thesis. Each theoretical element will not necessarily be the dominant reference for a particular chapter, but will incorporate the four other elements as necessary in order to expand and reinforce the meaning and purpose of the thesis. We will now move on to Chapter 3 in order to reveal the general dynamic which configures Indonesian society and politics, a scenario which deeply affects Balinese society and its future.

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C h a p t e r 13

Chapter 3 INDONESIAN POLITICS and BALINESE CULTURE

The purpose of this chapter is to link both the theoretical and empirical factors already outlined in the first two chapters to the local Balinese context. The chapter is presented in four sections. The first section explores the Indonesian social and political environment that governs Bali. The various institutional systems present in Indonesia are also included in this section. The second segment of this chapter is used to outline the traditional Balinese institutional system. The third section analyses Balinese culture, using a method derived from social anthropologist E.T. Hall. This is framed and elaborated within his ten primary message system (PMS) and his matrix of culture. The imbedded meanings and numerous practices of the Balinese way of life are explored, including the importance of land as the territorial basis for the survival of Balinese culture. The final section is interconnected with the first three sections. It further details the potential threats associated within the social and political systems instigated by the Indonesian state, and imposed on the Balinese traditional culture and practices.

3.1 The Indonesian society and its politics

In the aftermath of the Asian economic crisis in 1998, Indonesia has yet to regain its prior economic status. The value of the Indonesian currency, the Rupiah, has fallen, with one US $ buying 15,000 Rupiah in 1998, but only 9,000 Rupiah in June 2004. The economy remains in crisis and is unlikely to improve until the government deals with inherent corrupt political practices, establishes a culture of financial transparency in its administration, and ends the ever-present military stranglehold on civil society. Compounded with a lack of proper regulatory guidelines, all of these issues have increasingly undermined a weak economic and financial system, which in turn has contributed to the collapse of financial institutions, diminished public trust, increased inflation, foreign debt and unemployment rates, established zero economic growth, economic inequality, increasing disparity and the flight of investment capital. It is in everyone’s best interest that honesty, democracy and justice should prevail.

The previous corrupt Suharto government succeeded in destroying public trust, leaving subsequent governments with a largely unmanageable set of problems. Government transition, rioting, bombing, and public discontent have become common features in the present Indonesian political environment, which renders economic progress even more difficult. Unlike other Asian countries, such as Thailand, Malaysia and Korea, which appear to have recovered from the economic crisis, economic and political uncertainty in Indonesia has not yet provided a conducive social and

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political environment for progress at any level, and there are very good reasons why this is so, to be discussed below.

3.1.1 Indonesian society

Indonesia has a population with an impressively diverse range of ethnic, cultural, and religious backgrounds, consisting of 205 million people (2003 census). Statistically, it compromises more than 360 ethnic groupings, and 250 spoken local languages with a combination of different cultures and traditions, scattered across the 13,677 islands that form the Indonesian archipelago (Soemarjan and Breazeale 1993; Cribb 1999). There are four main religions practised in Indonesia: Islam, Christianity, , and Hinduism that have an affect on tradition and culture in varying degrees throughout the archipelago. Instances of this religious influence are depicted with the province of Aceh on the island of Sumatra having a major Islamic influence, the province of Molluca (with Ambon as its capital city) being influenced by Christianity, and the island of Bali from Hinduism. Considering all these diversities, Kumar was of the view that in terms of its natural geography and ethno-culture, Indonesia does not have unity (Kumar in Aveling 1979), which together with its religious differences can easily lead to social disintegration (Geertz 1993).

Indonesia gained its independence in 1945 after varying periods of Dutch and Japanese occupation. The people were involved in a constant struggle till 1955, when the Dutch finally granted full independence. The Indonesian people experienced hardship in the form of famines, reduced levels of welfare, education and health services, economic exploitation and military oppression of the population, etc. during this period of colonization, when agricultural production and natural resources were expropriated to meet the needs of the colonisers. Nonetheless, the nation inherited a well-planned and established network of social and physical infrastructures, which were built by the colonial establishment. For example, to ease difficulties of harvesting agricultural produce the Dutch built a railway system servicing the islands of Sumatra and Java which is still operational today. To support the administration they established a formal system of education for those local people who were loyal to their colonial masters. To strengthen social order and law enforcement, the Dutch introduced a western-based judicial system to Indonesia.

While the latter heritage was important and beneficial to only a limited part of the archipelago, the devastation from colonial policy and practices were negatively experienced across the whole country. Currently, low levels of education and an uneven distribution of population are the most demanding obstacles facing Indonesia’s human resource development. These obstacles combined with an uneven distribution of its natural resources contribute to erratic development patterns throughout the country. Some regions for example, Java, Sumatra, Celebes, and – are more developed than places like the Lesser Sunda Islands.

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The development problems that exist in Indonesia are more or less similar to those experienced by many other developing countries, neglected or exploited resources exhausted by colonization, lack of capital infrastructure, uneven resource distribution; economic disparities; corrupt practices at a government level and geographical and ethnographic dissimilarities. Differences in culture, tradition, and religion are often unavoidably locked in conflict as each ethnic group has its own agenda, which is frequently divisive in nature and fails to work for the common good. Religious conflicts occurring in Ambon – Mollucas province – and Palu – a province of the Celebes – since 1999 are particular examples of this. This on-going religious conflict between Muslim and Christian groups had not yet been resolved at the time of writing this thesis.

Development in Indonesia has, from the beginning, pursued two dominant ideologies. The first is a call to achieve a ‘sense of one nation’ – nationhood – bridging the various ethnic groups, in order to build up a solid national amalgamation under a national strategy of – five ideologies. The second is to enhance the national economy through development. In line with the essence of development itself, there is firstly the necessity to escalate ‘economic’ levels – economic growth measured in GDP – and secondly, a need for the equal distribution of these fruits of development throughout the country. Both these dominant goals have a disparate and fragmentary manifestation in the way Indonesian politics is designed and operated, presented in detail in the following section.

3.1.2 Indonesian politics

Indonesian politics is mediated through a centralized system. The three prominent qualities of this system consist of a top-down government hierarchy, a centralized decision making body and the nationalization of various local resources that exist across the archipelago, which are explained as follows.

First, the system of Government in Indonesia is divided into two major sections in accordance with Indonesian law No.22/1948. The first division comprises of the central/national government, located in the capital city of the nation: Jakarta, and the second division consists in the various provincial governments, located in the capital city of each province. Local government bodies are further structured into two groupings level I and II. The structure and components of the Indonesian government at both national and local levels are shown in Figure 3.1

In principle, government bodies located at a lower level are accountable to those above them. The People's Consultative Assembly (Majelis Permusyawaratan Rakyat) is the highest body representing the Indonesian state and its citizens. The president heads the country with a vice president directly below him. The House of Representatives (Dewan Perwakilan Rakyat) commands the same importance as the president. In theory this hierarchical structure is meant to limit the power of the president, as well as providing an administrative system of government. The

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president however is not accountable to this body but to the people's consultative assembly. A continuous line starting from the president right down to the government officials at the local level indicates that the political and administrative power is controlled by the central government, which in this case happens to be the president.

The People's Consultative Assembly

Supreme Supreme Advisory President House of State Audit Court Council Vice President Representative Board

Coordinating Ministers of Ministers with Junior Attorney Commander Governor of Special Ministers State Portfolios Ministers General in Chief Bank Agencies Agrarian Indonesia BPN Affairs

With the rank CABINET Departments of minister

LEVEL I LOCAL GOVERNMENT Governor/Head of Level I Provincial Representative Local Government Council

Departmental Offices in Provincial BP-7 Provincial Provincial Regional Development Provincial of Special province Inspectorate Pancasila Investment Secretariat Planning Board Agencies Board Departmental Agencies Services Local Local Socio Political Rural Government Government HQ of Civil Affairs Development Execute Units Enterprises Defense

Assistant(s) to Governor

LEVEL II LOCAL GOVERNMNET

Departmental Offices Bupati/Head of District Council Mayor/Head of City Council Level II Offiices of in Districts Level II Local City Government Special Agencies Government

Mayor of Assistant(s) to Assistant to Township Bupati Mayor of city

Departmental Camat/Head of Camat/Head of Camat/Head of Offices in Sub-District Sub-District Sub-District Sub-Districts

Lurah/ Kepala Desa/ Lurah/ Village Head Lurah/ Village Head Village Head

Figure 3.1 Structure of the Indonesian government Source: (Faisal 2002:24)

Second, within Indonesian’s top-down system of government, accountability from subordinate government bodies involves the responsibility to comply with policies and decisions instigated at higher a level. Having this kind of political arrangement, the ultimate role of decision-making falls into the hands of national government departments. There is however a mechanism that local departments or government institutions are provided with to amend policies introduced by these national government bodies in order to suit local circumstances. Ironically, these amendments require national approval and must not contradict with national concerns in promoting national integration and economic growth. The national interest subverts the local and there is no incorporation of grass-roots politics within this system.

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Critical examples of this bureaucratic web are portrayed within the Badan Perencana Pembangunan Nasional (Bappenas – National Development Planning Board) being totally responsible for the planning and design of economic development at the provincial level. While controversially Badan Perencana Pembangunan Daerah (Bappeda – the Local Development Planning Board) at both level I and 1I of local government are assigned the principle role of ensuring that the national agenda on unity and the adoption of a market economy as vehicles of growth are extended and accommodated within local development, and to ensure the success of the national vision. Staff appointment to local government bodies is a process that is supervised and carried out by host departments at the national level. There are many cases where the local candidate has not been appointed to vacancies on local government boards for reasons one can only speculate. This is irrespective of the fact that most of these potential candidates would have made significant contributions with their vast local knowledge, critical to local development.

Both the top-down government hierarchy and the centralized decision making mechanism combine to form a long drawn out and complicated bureaucratic system. Urgent action required for development frequently ends up stagnating somewhere in the system, as approvals from higher levels of authority are not only difficult to obtain but also time consuming. There is also a tendency for members of local government from both levels I and II to unquestionably follow directives issued by the national government, in order to secure their political positions. This is reflected by the standards of poor performance at a higher level where consequences eventually filter down to the lower levels of the institutional system.

The third practice is the process creating an appropriate ideological environment for national policy. This mainly involves a homogenization process that takes place in various forms, such as the introduction of “national” music, dance, and dress code for both females and males, the formation of a national educational system, declaring national holidays, recognition of national religions, and ideology, such as Bhineka Tunggal Ika (diversity in unity) and Pancasila, implementing the compulsory use of 'Bahasa Indonesia' as the national language, selecting certain sporting events as the national sport, and also commemorating certain national events.

This nationalization process is also achieved with the instigation of statist forms of social control and law – the legitimation process. For instance, Indonesian statute of law has replaced the traditional moral agency of Adat and its collective ethics in the case of Bali. In a modern nation when there are no demarcation lines drawn between state and government, the control of resources is held by the state. Control over natural resources including land, labour distribution and capital allocation are all managed by a set of rules legislated by the national government. This strategy is aimed in theory, at controlling the equal distribution and generation of revenue within the various provinces. The ultimate objective is to achieve balanced development throughout the nation.

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The nationalization of specific resources is particularly critical in a market economy since a free market implies minimal state control. Firstly, this process allows governments to introduce various methods of managing and utilizing resources, in societies that may not yet operate on the basis of exchange values; define and protect property rights; have market competition; and may not yet promote the dominant pursuit of self-interest by individuals, led by the ‘invisible hand’ of the market (Sandler 1997). It also provides the state/government with a monopoly over certain resources, and to intervene in order to support its economic agenda – allowing it to generate revenues from taxation, wages, and also from the profits and production derived from the exploitation of land, natural and cultural resources, etc.

Much has been done to integrate the complex social and economic diversity of Indonesia and the ideologies of Bhineka Tunggal Ika and Pancasila are directed at eradicating this diversity and encouraging the building of a united Indonesian Republic. Here we can see the applications of an implied ideological construct where the effect is to homogenize diverse local culture into a single national culture. This however has not been particularly successful, especially after the 1998 Asian economic crisis, when the fragile state of national unity was tested. Economic and political instabilities that precipitated the Asian crisis have encouraged several provinces to attempt secession from the nation. Most notable examples of this demand for independence have come from the provinces of Aceh and Riau – on the island of Sumatra, and the Irian Jaya province of West Papua. This trend is a product of the excessive control and monopolization of natural resources, and the unfair distribution of revenues between the state and provinces. It has also been further fuelled by East ’s successful attempt in achieving its independence from the Republic of Indonesia in 2001, after many years of struggle. Bali as a province of the Republic of Indonesia experiences a similar situation although it has not developed or experienced any form of social conflict of the kind illustrated above. For local provinces, Dutch imperialism was replaced by state domination where the extraction of the surplus made little difference in either case to local wellbeing.

3.1.3 The impacts of Indonesian social and political strategies on Bali

Overall, Bali has been impacted by Indonesian national strategies in various ways. The most significant impacts can be explained accordingly in three major categories of political, economic, and social, as follows. a. Political a.1 The form of laws and codes which were in the past constituted by the Adat are now replaced by modern form of national laws/systems, which come as a set of written regulations (statute laws), and are accompanied by various legal sanctions applied to individual/s who disobey/s

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them. Moral codes that govern the operation of Balinese Adat and its community are not applicable.

a.2 To support the implementation of the above national systems in Bali, local institutions are set aside, since they share dissimilar sets of values from the state systems. However, required compliance to the state imposed systems of laws and institutions, does not prevent Balinese practicing their Adat. Although Adat related practices and apparatuses are subordinate to those of the state, Adat values are maintained and local institutions exist side by side with national government agencies. This has brought about a duality of structure of Adat-State within the Balinese community. a.3 The difference between the Adat and state systems is expressed in the legitimation process. The Adat and its products are regarded as non-legal forms of social control. They bind Balinese people, but are regarded as non-legitimate systems in regards to matters pertained to the state/nation. The statute laws of the state systems on the other hand, are legal mechanisms. They are imposed equally throughout the nation, and require acceptance and conformance from all , including the Balinese. a.4 The creation of a new Indonesian state has eliminated local boundaries among provinces, in which migration from one locality to another is eased and promoted in order to diffuse cultural differences and promote national integration. However, the political agenda behind this internal migration has not come with infrastructure whereby the flow of migrants would be accommodated at destination areas. b. Economic b.1 Bali’s resources and its economic development is defined, directed, and controlled by the National Economic Development Plan for Bali (NEDPB) instigated by government at the national level. For its cultural potential, this development plan outlines Bali as the central point for tourist development within the nation. This is aimed at generating a development sector that would contribute towards national revenues. b.2 These revenues are to a large extent generated from taxation. The idea of nationalization provides national government with full control over extraction, management, distribution, and use of these taxes. A disproportionate share to government with much less return to local people has been a common occurrence. There is no statistical data available to demonstrate this statement, but the fact becomes apparent when one observes the moderate provision of social and physical infrastructures in Bali. The poor capacity of Bali’s medical services to help the victims of the 2002 Bali bombing is an obvious example of how the NEDPB deprives the very generating source of its own revenues. This condition is also strongly supported by group discussions held in three case studies of Kuta, Ubud and Tenganan.

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b.3 The government’s modest financial capacity to accelerate development of tourist amenities in Bali, motivates the NEDPB to promote and prioritize participation by private enterprises. This leads to a trend where the role of private investment is prominent. As a general illustration, during the period of 1994-1998, the total capital invested for development in Bali was 10,547.21 billion Rupiah (AU$ 1.628 billion) (Planning Development Board of Bali 2000). The Indonesian government only provided for 24.74 % of this total investment, with the remaining 75.26 % made available by the non-government/private sector (refer Figure 3.2). The government support for tourism is basically generated from the national budget (APBN: 51.22 %), the budget based on the Presidential Instruction (dana Inpres: 20.76 %) and the local budget (APBD: 28.02 %).

Investment for Development in Bali for the period of 1994-1998 Government investment 25% Rp. 2,609.46 Billion Government Non-Government investment investment 75.26% Rp. 7,937.75 Billion Rp. 2,609.46 Billion 24.74%

Non-Government investment: Government investment Rp. 7,937.75 Billion Non-Government investment 75.26%

Figure 3.2 Investment for development in Bali for the period of 1994-1998 Source: (Planning Development Board for Bali Province 2000)

b.4 Aditjondro (1995) suggests that the majority of private investors commandeering Bali’s tourist industry are those of national and national-international joint enterprises whose base is in Jakarta. The centralized government decision-making process in Jakarta has nourished such monopoly practices. This mechanism provides more political and economic opportunity to individuals who have close ties with government officials by intervening in the decision- making process, a privilege that is unavailable to more local entrepreneurs. b.5 The above monopoly continues to be a determinant factor strengthening nepotistic practices. State-licensed companies exist at many levels of the hierarchy resulting in development capital having a ‘free for all’ in regard to the available resources. b.6 Bali’s mass tourist development has also inevitably built up a lucrative image continuously attracting economic migrants from the neighbouring provinces. Ironically, while a transmigration policy has been aimed at reducing Bali’s population by allocating large numbers of Balinese families to various less-populated provinces across the nation, neither the NEDPB

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nor any form of government policies are instigated to regulate the inflow of economic migrants. c. Social c.1 Bound by the concept of national integration and unity, Bali is required to demonstrate its conformance to national ideologies of Bhineka Tunggal Ika and Pancasila. Every component part of its society which was in the past founded by the Adat system is now to be directed by nationally instigated notions of Indonesian nationhood. c.2 Bali’s compliance to being part of a nation is extended to its recognition and obedience to various practices and forms of Indonesian national culture. In this circumstance, local culture is relegated to second place. This is a strategy of ‘cultural marginalization,’ a process furthered by strict government policy to solely recognize local practices whose values coincide with the national agenda. c.3 The longevity of Balinese society and its culture is further endangered as the development of Bali’s tourist industry has not been equipped with a mechanism in which cultural practices are nurtured and conserved as they are exploited to support the production of state revenues and those of private capital. c.4 Uncontrolled numbers of internal migrants invading Bali for the last two decades and their resistance to blend with local ways of life has also added to the list of endangering impacts that Bali has to bear.

Before moving to a detailed discussion of Balinese culture, the following section outlines the overall structure of institutional systems in Bali, moving from the national to the local level.

3.2 The Balinese institutional systems (BIS)

Before colonization and prior to integration into the Indonesian state, Bali was once an independent island. The following explanation of the Balinese institutional system is therefore divided into two major sections, the first comprising of events before, and the second, events after colonization and national integration. The first section deals with the Balinese institutional system called the desa adat institution. The second section covers the Balinese institutional system that emerged from Dutch colonization, and national unity. Specifically, the explanation will concentrate on the desa adat institution considered as an apparatus of the Adat and its associated institutions.

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3.2.1 The BIS prior to colonization and national integration a. Desa Adat

The Balinese institutional system reaches its highest point at the village level or ‘desa adat’. The phrase desa is frequently used in the Balinese language to refer to a particular area that is inhabited by people who practice Balinese Hinduism, except for those areas that are situated along the coastal fringes with heterogeneity in population and beliefs (Surpha 1992). The word desa is believed to have originated from . The words ‘desa’ and ‘desi’ are similar to ‘negara’ and ‘negari’, meaning nation, place of origin or place of birth (Kartohadikoesoemo 1984). In certain contexts the word desa also refers to people or community members. According to (1977), the reference to desa that exists in Indonesia today has been recognized since the Hindu era of the 4th century. In the case of Bali however, there is no clear source as to when the institution of desa was established as a community (Surpha 1992a). As an illustration, a Balinese folk story portrays the origin of the desa, which is taken from the Markandya Purana manuscript translated by Surpha: “There was a priest named Maharsi Markandya who initially meditated at the Rawung Mountain of , he came to Bali with eight thousands of his followers to settle and farm in a new area. They arrived in Desa Taro (This area is at present part of the Tegalalang sub-district in the Gianyar district). Unfortunately the mission failed. A number of his followers fell ill and were eaten by wild animals. He then went back to the Rawung Mountain to meditate for a period of time before he decided to go back to Bali for the second time. On his second trip, Maharsi Markandya took along with him four thousands followers. He and his people did not cut down any trees and open new areas as he did on his first trip. They conducted a Hindu ceremony called ‘Bhuta Yadnya’ (a ceremony catering to appease the unseen spirits that may harm human beings and nature) and planted ‘Pancadatu’ (five different kinds of metal) in a place at the foot of Gunung Agung, which is called ‘Basukian temple’ at desa Besakih. This temple is the largest temple on the island. After this ceremony, the group went back to desa Taro and successfully opened up a new area. Maharsi Markandya also distributed land for housing and farming to each of his followers. The place, where he did this activity is now named desa Puakan. Puakan originates from the word ‘piakan’ which means division. After a while his followers began to move to different areas and built new desa’s, i.e Sembiran, Cempaga, Sidatapa, Gobleg, Beratan, Tigawasa, Lampu, Trunyan, Batur, Pelaga, etc. Most of these desas are located on hilly terrain.” (Surpha 1992b: 63).

Each desa adat has its own structure, rules and regulations that are contained within its Adat. Members of each desa adat (village) are usually referred to as krama desa or krama adat (villagers). The Adat indicates the obligations and rights of each krama desa in conjunction to matters related to the temple; other krama desa; and the environment – three components of Tri Hita Kharana concept (see Chapter 3.3 for detail). The Adat is extracted from values and norms that originate from the desa itself, understood, and complied with by the krama desa. This combination of desa with its Adat is referred to as desa adat. Failure to comply with Adat will result in adat sanctions or danda (explained in Chapter 3.3).

Based on the above information, the desa adat as the original form of a community in Bali, therefore refers to a certain territory or palemahan which is constituted and sanctioned by its own source of law and control system called the Adat; having its krama desa or pawongan and is

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signified by the philosophical concept of Tri Hita Kharana, having a set of three temples (see Chapter 3.3 for detail) called kahyangan tiga – parahyangan. These three temples are: Pura Desa where villagers pray to the Hindu deity Lord Brahma, who is believed to be the manifestation of God in creation (birth); Pura Puseh where villagers pray to the deity Lord Wisnu who is believed to be God’s manifestation in sustenance (life); Pura Dalem where villagers pray to the deity Lord Ciwa, believed to be God’s manifestation in destruction (death).

The existence of the Tri Kahyangan Tiga is inspired by the Hindu concept of Tri Murti (the three manifestations of God) and (Tri Kona) a concept that adopts life as an absolute cycle of three stages: birth, life and death. These three temples affect the organization of the palemahan (territory) of the desa adat. Both the pura Puseh and Desa are situated in the utama or madya zones, whereas the pura Dalem is situated in the village cemetery – a nista zone. And this becomes a basic principle, as to how space is organized within the desa adat.

Ceremonies and festivals held within these three temples are conducted jointly by the krama desa. Each temple uses the harvests from a piece of wet/dry (or both) farming land, which is/are cultivated by either family member/s of the priest who leads the religious ceremonies within the temple. This cultivated land belongs to the desa adat. When it is needed, the krama desa equally provide additional articles required for the ceremony in a form of patus – ceremonial articles such as money, coconuts, eggs, rice, bananas, coconut oil, bamboo, etc. The Krama desa are also required to do ngayah – the provision of voluntary labour in the temples in order to get everything organized for the ceremonies.

It is common for each temple to have extra space outside it for use by the villagers to prepare articles for any ceremony and to conduct other related activities, e.g. dancing, singing, people gathering, etc. The existence of such a space therefore, has a significant meaning for social and religious reasons, which encourages the desa adat to restrict any other activities held within close proximity to the temple. The space is large, with the overriding consideration that all the villagers will be able to be accommodated at any one time if necessary. It is evident that this space is designed not to interrupt activities held outside the temple area, or be interrupted by activities going on nearby. This is not merely an issue designed to maintain the purity of the temple as a holy place, it is also about ‘tatwam asi’ – a concept of respecting others as well as respecting oneself, not to disrupt others or be disrupted by them. These and related concepts are singularly absent from the tourist consciousness. b. The institution of desa adat and the Balinese institutional systems

Historically the desa adat institution (DAI) has always governed its respective desa adat, throughout the island. Each desa adat consists of one/several banjar adat aligned to its own banjar

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association. Its existence starts from the Bali Kuna period (Native Bali period), Hindu Bali (Java Hindu and Bali Hindu Java periods), the Islamic period, and the Western Colonial period right up to the period of Japanese occupation (Kompor in Soekmono 1956, Department of Education and 1976). The function of the DAI in Surpha’s (1992) view is to maintain, conserve, nourish and to strengthen the adherence of the Adat, which is handed down from generation to generation by its desa. This view is in line with that of Dherana’s (1982).

While one can concur with the idea that the DAI is merely an adat institution this thesis considers that it has a broader significance, include:

1. The DAI as an adat institution. This function shows the DAI operates as the governing body: in the making of decisions; intervening when the Adat is abused; and sharing power and information.

2. The DAI as a community based institution. The actions and decisions taken by the DAI are subject to community consensus and agreement. The krama adat hold the position of being subjects in the organization and conduct of community life. It not only belongs to, but is also operated by the community. It portrays democracy in its true sense.

3. The DAI as a social institution. The DAI is an institution where its community members not only interact but also learn from each other. It also acts as mediator if a conflict of interest takes place. Moreover, those in leadership positions are not rewarded financially, unlike most community institutions in the world. In return, the DAI’s leaders are excused from the rule of patus and ngayah. It is imperative that people chosen for leadership positions have an in-depth knowledge of the Adat, apart from having the capacity to lead, and work within the community. Most desa adat generally select their leadership through the due process of election while others may decide this on seniority. One may claim that the second process is a fairer system that avoids conflicts and disappointment among the villagers who are eager to take up a leadership role, but do not have the opportunity to do so for various other reasons.

4. The DAI as a Balinese cultural institution. Given the functions of the DAI in the governance of the krama adat whose cultural practices and forms are constituted by the Adat, the fundamental constitution of the DAI.

Given the four functions listed above, the DAI therefore forms the core of the Balinese institutional system, and Figure 3.3 displays the basic organizational structure of the institution. This structure may vary from one desa adat to another and depends on the desa (place), kala (time), and patra (condition, situation, circumstance) encountered by each desa adat. For a special occasion this structure can also be temporarily changed but all changes will have to require consensus from the kama adat.

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Desa Adat Bendesa Adat/ Kelihan Desa Adat

Penyarikan Petengen Kasinoman Other components, if (Secretary) (Treasurer) (Messenger) needed

Banjar Adat/Banjar Other Suka Duka community Kelihan Banjar associations Adat/kelihan Banjar : sekeha Suka Duka-

Banjar tempekan Kasinoman Other components, if Kelihan Tempekan (Messanger) needed

Community members (Banjar adat members)

Figure 3.3 Organizational structure of the Balinese institutional system

The DAI is headed by a bendesa adat. The word bendesa comes from the Balinese word banda that means binder, and desa, which in this context means people. It is always hoped that a bendesa will not only be able to unite members of the community under the adat, but also act as the symbol of unity for the desa adat. The role requires an appropriate moral attitude to adhere to the Adat and to also be able to support the community through both good and bad times. A bendesa is assisted by a penyarikan (secretary), a petengen (treasurer), and a kasinoman desa (messenger at the desa level). The kasinoman desa will deliver the decisions made at a desa level to all its kelihan banjar adat (leaders of the banjar adat), which in turn is communicated amongst the krama banjar (members of the banjar). Activities related to community gatherings, cremations, temple ceremonies, etc. will be discussed and decided at a desa adat level, and carried out by the banjar adat.

The banjar adat is a Balinese neighbourhood association that is led by the kelihan adat. The word ‘kelihan’ originates from the Balinese word kelih, which means mature or old. The kelihan is meant to be a person who has the capacity to work with and also mentor the community members in accordance with the norms and customs of the Adat. A desa adat may consist of one or more banjar adat, depending on the area or size of the village. A banjar adat usually consists of about 30 or more households, and is situated in a particular territory of the desa adat. For management reasons, a large banjar adat may be also divided into several smaller banjar tempekan, i.e banjar tempek kangin (sub eastern banjar), banjar tempek kauh (sub western banjar), banjar tempek kaja (sub northern banjar), banjar tempek kelod (and sub southern banjar). Each tempeken is managed by a kelihan tempekan. A kasinoman banjar assists the kelihan banjar in announcing the decisions made at a banjar level, desa level, and other information that needs to be communicated to the krama banjar. The position of kasinoman banjar is rotated among all householders.

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The desa and banjar adat normally hold regular ‘sangkep/samua’ (meetings) to discuss issues related to the community. Some are held every purnama or tilem (see Chapter 3.3); or on any other particular day. The DAI holds the samua in a wantilan desa, which is usually situated next to the pura Desa. The banjar adat on the other hand hold a sangkep at the balai banjar, which is usually built in the centre of a neighbourhood. Both wantilan desa and balai banjar have a balai Kulkul (a tower with a long hollow wooden piece of dried tree trunk that produces a unique sound when beaten with a stick), which is used as a means of communicating. The continuous beating of the bell is to inform or warn the krama and has long been an inherent component in the traditional spatial arrangement in all-Balinese villages.

A similarity in the method of financing temple activities and the financing of the desa adat is the reliance to urunan (an amount of money contributed by members of the institution) and the harvests from an area of cultivated land that is allocated to these institutions by the DAI. Such land is called tanah druwe desa (land belonging to the krama and managed by the DAI). This land can take both forms of wet and dry cultivated farming, and is usually cultivated by sharecroppers (see Chapter 3.4 for more details).

For particular purposes, there are additional components and associations that may be required to assist in the particular interest of the krama desa. The most common associations that exist in most communities on the island are the subak and the sekeha associations. Neither of these associations are necessarily under the control of the DAI or banjar adat. They have to comply with the Adat as well as their own set of standard rules. The subak is an irrigation association, which is led by a head called the pekaseh. According to Markandya Purana ((Surpha 1992a, Surpha 1992b), Maharsi Markandya was responsible for the creation of the subak on his second visit. His goal was to help his people in managing proper irrigation for their paddy fields. As has been mentioned earlier, each subak is associated with a Dugul temple. This temple is situated around the paddy fields and used for worship by the farmers who own the fields.

The sekeha is a group of people who have similar or specific interests, which is led by a kelihan sekeha. This association is sometimes set up for only temporary needs. It is disbanded after specific events, celebrations, and ceremonies, etc. are completed. However some members of a particular sekeha can maintain this association for a long period of time, as long as they have the common interest or need. There are several sekeha that are commonly found in the Balinese community, i.e: Sekeha Manyi (harvesting association); Sekeha Taruna-Taruni (youth association); Sekeha Gamelan (music association); Sekeha Joged (dancing association).

Among the three Balinese institutions: the DAI, banjar adat and sekeha, it is evident that the DAI and banjar adat are continuously serving as representatives of the krama adat. Differences between them are that the DAI represents the community in the broadest sense of the word and has three

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main functions. Firstly, to have moral authority over the krama desa based on the Adat system and its sanctions. Secondly, to manage temples and their related activities, and thirdly to uphold the responsibility and control of the desa adat’s resources – including the resource of land and its uses. The banjar adat on the other hand operates on a basis of consensus agreed within the desa adat, and is a mediating agent between the DAI and the krama desa. Together, these two institutions are central to the Balinese institutional system. The prominent role played by the DAI has persuaded this study to refer to the Balinese institutional system as desa adat institution (DAI) but it is also not meant to ignore the significance of the banjar adat, sekeha or subak.

In concluding this explanation of the DAI as an independent, community-based institution that traditionally governs an independent desa adat, the DAI fulfils three fundamental components:

1. The DAI has its own krama desa

2. DAI has its own territory to plan, coordinate, and manage community activities and to overcome the obstacles encountered within its community.

3. DAI has the facilities to lead and motivate its members, such as: Tri Kahyangan Tiga temples, markets, and prajapati (cemeteries); wantilan desa (desa halls); pajuru adat (organizational staffs of the DAI: bendesa, kelihan banajr adat, penyarikan, petengen, kasinoman; Adat systems and sanctions; and community land involved in financial support (druwe desa, urunan, and patus).

3.2.2 The Balinese institutional system within colonial and integration periods. a. The Balinese institutional system within the colonial period

The strong protest from Holland over its own occupation of Bali forced the Dutch to realize the potential importance of the Adat and desa adat institution (Vickers 1989, Robinson 1995). Rather than creating a new westernized government system, the Dutch kept the idea of the DAI and perpetuated the institution to improve its negative colonial image throughout the archipelago. This led to two institutional systems being created in the desa adat, the DAI as an institution of the Adat, and a desa institution formed by the Dutch under a government system called the IGOB (Inlandsche Bemeente Ordonantic Buitengeweten) No. 490-681, 1938 (Soepomo 1979, Margono 1980). This regulation was basically a colonial strategy formed to oppress local groups working against Dutch occupation.

This dual institutional system was in practice when Japan captured Bali from the Dutch. Due to what was relatively a short period of occupation, it did not provide Japan with much time to consider institutional affairs. In addition to this, Japan’s colonization had a strong focus on exploiting any possible resources to support the Japanese need for food and arms through the Second World War. This is not to say that the Dutch did not participate in similar practices, yet in

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terms of time, the Dutch had 350 years to exploit Indonesia’s resources, compared with 3.5 years of Japanese rule.

b. The Balinese institutional system after national integration

According to enacted Indonesian Law No. 22/1948, Bali was classified as a province in 1958. This meant that Bali has its own Level I and II local government (see Figure 3.1). Having provincial status, Bali with its capital city is governed by a governor or gubernur. The province of Bali is made up of eight districts or kabupaten, and one special district or kotamadya. The leader of a district is called the bupati and the walikota for the kotamadya. These various districts comprise the Kabupaten Karangasem; Kabupaten Klungkung; Kabupaten Bangli; Kabupaten Gianyar; Kabupaten Badung; Kabupaten Tabanan; Kabupaten Jemberana; Kabupaten ; and Kotamadya Denpasar. Each district consists of several sub-districts known as kecamatan, which are led by a camat. These sub-districts in turn manage several villages referred to as desa dinas, led by the kepala desa or lurah. These districts correspond to the ancient boundaries of the eight royal kingdoms (Kabupated Badung and Kotamadya Denpasar were in the past occupied by one Kingdom of the Badung monarchy).

This Indonesian government structure is intended to replace the various local government structures that existed throughout the nation, including that of the Balinese DAI. As a result, the DAI in Bali is not considered to be part of the national government. In practice however, the Balinese desa adat continues to maintain its DAI as well as conforming to the national government structure. There are therefore two government bodies that exist at a village level: the desa dinas and the DAI. The desa adat has always been an inherent part of the Balinese way of life while the desa dinas on the other hand is the legitimate national government agency imposed on each locality as a result of integration. This legal authority of the national government that is channelled through the desa dinas is to ensure that the national agenda is addressed at every level of the nation. This gradually moves the DAI into a position of less influence, importance, and power, within its own territorial jurisdiction.

The dualism of government at a village level in Bali has therefore been maintained since Dutch colonization. The basic difference between both institutions is that the desa dinas is the extended hand of the national government, which deals with matters relating to the national economic and integration agenda. The DAI on the other hand is the representative of the desa adat including its krama (the centre of Balinese culture), and governs matters pertaining to Balinese cultural practices and forms. Table 3.1 further explores significant differences between these two institutions, while Figure 3.4 demonstrates the DAI’s parallel position within the national government structure.

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Components for Desa adat Desa dinas Comparison ƒ A locally based Balinese community ƒ Representative of the Indonesian national Product of institution government at a village level. ƒ This institution is distinctive to Bali ƒ This is a nationwide institution

Law ƒ Based on the adat system, which varies ƒ The Indonesian Law No 22/1948 on the Local according to desa, kala, patra faced by the Government. community. ƒ Indonesian Law No. 22/1999 on the Local Government.

Function and duty ƒ To maintain adat and local practices, which ƒ To maintain national needs at a village level are the root of Balinese culture

Status and position ƒ Has autonomy in the managing of its ƒ It is not an autonomous institution, it merely members and the running of the institution functions as an arm of the national government

Leadership ƒ Selected and decided by the community ƒ Is appointed by the highest level of members through consensus or other government. methods, such as that based on seniority.

Territory ƒ Indicated by the desa adat itself or is based ƒ Indicated by the national government at the on history highest level

Membership ƒ All desa adat members are members of the ƒ Not all desa dinas members are members of desa dinas at the same time. Desa adat the desa adat, especially for those who are membership is more homogenous in terms not Balinese. Desa dinas membership is of shared values. more heterogeneous than that of the desa adat.

Financial resources ƒ Provided by community members and other ƒ Provided by the national government resources belonging to the desa adat.

Table 3.1 Comparison between the desa adat institution and the desa dinas

The People's Consultative Assembly

Supreme Supreme Advisory President House of State Audit Court Council Vice President Representative Board

Coordinating Ministers of Ministers with Junior Attorney Commander Governor of Special Ministers State Portfolios Ministers General in Chief Bank Agencies Agrarian Indonesia BPN Affairs With the rank CABINET Departments of minister

LEVEL I LOCAL GOVERNMENT Governor/Head of Level I Provincial Representative Local Government Council Departmental Offices in Provincial BP-7 Provincial Provincial Regional Development Provincial of Special province Inspectorate Pancasila Investment Secretariat Planning Board Agencies Board

Departmental Agencies Services Local Local Socio Political Rural Government Government HQ of Civil Affairs Development Execute Units Enterprises Defense Assistant(s) to Governor LEVEL II LOCAL GOVERNMNET

Departmental Offices Bupati/Head of District Council Mayor/Head of City Council Level II Offiices of in Districts Level II Local City Government Special Agencies Government

Mayor of Assistant(s) to Assistant to Township Bupati Mayor of city

Departmental Camat/Head of Camat/Head of Camat/Head of Offices in Sub-District Sub-District Sub-District Sub-Districts

Desa Adat/ Lurah/ Kepala Desa/ Lurah/ Desa Adat/ Bendesa Village Head Lurah/ Village Head Bendesa Village Head Sekeha Sekeha Banjar Adat/ Banjar Adat/ Kelihan Adat Kelihan Adat Banjar Dinas

Figure 3.4 Balinese institutions within the national government structure of Indonesia

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3.3 Balinese culture and society 3.3.1 Balinese cultural principles and Hall’s primary message systems

Accepting that culture is a process by which method human beings mediate and interact with their environment, culture becomes a means of communication between these two components. Adopting this concept of culture, Balinese culture can be organized into ten major aspects in accordance with Hall’s ten primary message systems (PMS). In order to classify cultural practices and forms Hall’s binary matrix of culture has been deliberately redrawn to form two diagrams as shown in figure 3.5 and 3.6. The numbers provided in each circle correspond to that in each box of Hall’s original matrix of culture (see Table 1.1), that explains the relationships between all PMS, ninety-nine in total. The boxes and circles that have been highlighted in Table 1.1, Figure 3.5, and Figure 3.6 are to underline the various cultural forms and practices relating to space (the focus of this study).

Interactional 0-0 01 Organizational 11 02 1012 03 Economic 22 13 04 23 14 05 Sexual 33 24 15 06 34 25 16 07 Territorial 44 35 26 17 08 45 36 27 18 09 Temporal 55 46 37 28 19 56 47 38 29 Instructional 66 57 48 39 67 58 49 Recreational 77 68 59 78 69 Protective 88 79 89 Exploitational 99

Figure 3.5 Map of cultural practices in Bali Adapted from Hall’s Matrix of culture (Hall 1973)

Interaction 0-0 10 Association 11 20 1021 30 Subsistence 22 31 40 32 41 50 Bisexuality 33 42 51 60 43 52 61 70 Territoriality 44 53 62 71 80 54 63 72 81 90 Temporality 55 64 73 82 91 65 74 83 92 Learning 66 75 84 93 76 85 94 Play 77 86 95 87 96 Defense 88 97 98 Exploitation 99

Figure 3.6 Map of cultural forms in Bali Adapted from Hall’s Matrix of culture (Hall 1973)

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Before embarking on an explanation of Balinese culture in detail, there are certain general principles that underline the cultural forms and practices of Balinese society, namely Balinese Hinduism. It is expressed in the concept of Tri Hita Kharana, which is meant to be the source of happiness: a belief in God, human beings, and nature: encompassing the environments of the living and the dead; the visible and the invisible. In order to achieve happiness, a balance between these three elements needs to be maintained. Equilibrium will be reflected in a harmonious relationship between the components of 'human beings and god', 'human beings and human beings' and 'human beings and the environment'. In practice, this concept is subject to desa (space/place), kala (time), and patra (condition, situation, circumstance). The harmonious relationship varies from one place to another, between different time periods, contexts and situations. When conflict takes place, it is not to be avoided, but to be resolved in accordance with desa, kala, and patra.

The general Balinese acceptance of the existence of conflict is underlined by a belief that good and evil exist side by side. The differences between ideas and things in this world will never diminish as they are bound by the concept of ‘Rwa Bhineda’, which means everything is presented in contradiction: good and bad, west and east, expected and unexpected, bright and dark, beauty and ugliness, female and male, birth and death, etc. The recognition and existence of good would not be possible without bad and vice versa.

The next significant Hindu-Balinese principle in Balinese culture is the concept of hierarchy. Balinese society is extremely hierarchical, and this manifests itself in a diversity of ways. For example, the concept of the three levels (Tri Angga) is prominent in all facets of life, i.e. the cosmic realm, the village, temple, house and human beings, language, offerings, etc. Tri Angga (Tri = three and Angga = body), outlines that things are divided into three, head, body and feet, which are also interconnected with the hierarchical concept of utama (highest level = head), madya (middle level = body), and nista (lowest level = feet).

The principle concepts that have been examined in the previous paragraphs are deeply rooted within Balinese society and have been handed down from generation to generation. Besides the significant philosophical roles of Balinese Hinduism, these principles have been also adapted by the Adat system as a form of social control, and in doing so have evolved into a distinctive culture for the Balinese. Holland (1998) believes that these deeply rooted values of Balinese-Hinduism and the Adat systems have built a resilient culture that protects it from potential deteriorating circumstances. Figure 3.7 explains the connection between the Balinese cultural principles in conjunction with Hall’s PMS.

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TRI HITA KHARANA CONCEPT B a l a n c e

Environment/ System Beliefs

Concept of Balance Nature

Human Beings Beliefs Human beings Environment

Balinese Culture Desa (Place), Kala (Time) and Patra (Situation)

Hall's Primary Message Tri Angga system of culture

e

Interaction Association Subsistenc Bisexuality Territoriality Temporality Learning Play Defense Exploitation

Figure 3.7 The Balinese cultural principles in conjunction with Hall’s primary message systems

Before proceeding with an explanation of Balinese culture, it is also desirable to address certain historical details, as to when and how Hinduism first impacted on Balinese society, followed by a detailed description of the Adat system.

3.3.2 Balinese Hinduism

Hinduism on the island started in the era referred to as Bali’s Hindu period (Zaman Bali Hindu), which was approximately from 700 – 900 A.D. It began when King Sri Sanjaya, a Hindu king from the Kingdom of Java annexed the island of Bali, and ordered his people to build temples and shrines all over the island. This annexation by the Mataram Kingdom was not considered to be a conquest since it did not end up governing Bali administratively, but merely influenced the island by introducing the new belief of Hinduism. Prior to the this influence right up to the seventh century, Bali experienced an era referred to as The Native Balinese period (Zaman Bali Aga (Asli)), when its society was dominated by animistic practices. The initial introduction of Hinduism to Bali did not totally replace its animistic practices, and in time both belief systems blended together to form a type of Hinduism that is today practised all over the island.

The succeeding period from 900-1350AD, referred to as the Hindu Java era (Zaman Jawa Hindu), was a period when Bali fell under the influence of several Javanese kingdoms: the Kediri, Singasari and Empire all introduced new religious beliefs such as in the form of Buddhism and the knowledge of the Hindu deity Lord Siva. Javanese culture was also introduced into Bali around this time. Temples were architecturally designed and constructed in line with the

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Javanese candi – temple. An example of this fact is portrayed today by the architecture of the Pura Sasih, a temple that was built in the village of Pejeng situated in the Tampaksiring sub- district, a part of the Gianyar district. One may notice that the Penataran temple is a reflection of most candi temples found in Java with its statues of the deities carved from natural stone (arca). This Javanese influence is also found in some forms of traditional art that still exist in Bali today, namely in the performance of the shadow puppet display (the kulit), and human puppetry (the wayang wong). Moreover, a number of Balinese manuscripts were also written in the Basa Kawi/Jawa-Kuno, which is an old version of the Javanese language.

After the 9th century, Bali was continuously ruled by a number of Javanese Kings. Archaeologists even claim that Bali experienced accelerated progress during this period in terms of its belief systems, art and literature (Kompor 1956, Covarrubias 1972, 1974, Ardana 1982, MacAndrews 1986, Robinson 1995, Picard 1996). Some of the Javanese kings that ruled over Bali were King Ugracena (915-942); King Warmadewa (955-967); Queen Gunaprya Dharmapathni and King Udayana (989-1001); King Anak Wungsu (1049-1077); King Jaya Sakti (1133-1150), and King Jayapangus (1177-1181). In 1343 the Majapahit Kingdom – the greatest Hindu kingdom that ruled the archipelago under the guardianship of Mahapatih , attacked Bali. King Pasunggrigis was assassinated in the ensuing conflict and the power of government was handed over to King Kresna Kepakisan, who represented the Majapahit Kingdom of Java.

The assimilation of the Bali Hindu and Java Hindu periods created a new era known as the Java Hindu Bali era, which was responsible for the continuous nurturing of Balinese culture. It was also during this period with the Majapahit kingdom successfully established its power base in Bali, and that the Islamic Kingdom of Demak instituted its influence in Java. Uniquely, this Islamic influence did not in any way reach Bali, and the island experienced an intensive period of Hindu influence from the Majapahit Kingdom which ended with the total surrender to the Islamic Kingdom of Demak in 1478. The Majapahit Kingdom can be attributed to reorganizing most aspects of Balinese society and introducing the caste system. This influence however did not reach the native villages of Tenganan, Trunyan, Kedisan, Sembiran and, Sukawana, which were located in the mountainous regions of the island and as a result are the only areas that fail to recognize the caste system even today. The Balinese calendar that is used and which still applies today is another example of the inheritance from this Majaphit era. Art, music, dance, architecture and literature were all orientated to the Javanese styles, and flourished during this period of glory (Kompor 1956, Covarrubias 1972, 1974, Ardana 1982, MacAndrews 1986, Robinson 1995, Picard 1996).

The glory of the Balinese Kingdoms did not continue for too long a period, and were forced to accommodate the supremacy of the Dutch around the 19th century. The Dutch arrival was aimed at conquering the various islands, and monopolizing the entire in the archipelago as well

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as colonizing it as a political subject of the . While this plan was successful in other parts of Indonesia namely in the Mollucas, Sumatra, Java, and Celebes it failed to apply to Bali, mainly because the island did not have suitable land for plantation farming nor did it produce any spices. Dutch colonial intervention in Bali also earned strong protests from the motherland, Holland as well as from foreign diplomats for the sacrifices made by Bali’s nobility in recognizing its occupation. It was feared that such colonial practices would damage the foundations of Balinese society and its culture, which prior to the Dutch arrival had been known by the orientalists as a living museum (Picard 1996). In order to develop a better image of their colonial policy in Bali, the Dutch tried to preserve Balinese culture and promoted it through tourism. An elaborate explanation of this issue is presented in chapter 4. In a major sense the erosion of Balinese culture was set in motion by the Dutch.

Following the Dutch colonization, the arrival of Japanese troops at Sanur Beach on 19 February 1942 heralded a period of Japanese occupation for the next three years till the end of the Second World War on 17 August 1945. It was then that Bali was integrated into Negara Indonesia Timur/NIT (the East Indonesian State, a Dutch puppet state) on 28 December 1946. NIT became part of a Federal Indonesia in 1949, and then dissolved into the unified Republic in 1950.

3.3.3 The Balinese Adat system

The Adat system to which Balinese culture is subsumed is also referred to as dresta/awig- awig/sima (Sudharma 1971, Covarrubias 1972, Provincial Government of Bali-Local Government at the first level, 1976, Eiseman 1990, Oka 2001). In Balinese terms the Adat derives its legitimacy from system of written and unwritten rules (codes) that are developed within community life and treated as compulsory to be obeyed by the krama adat – members of the community, where the Adat system is developed. Adat is formulated with input from the krama adat for the necessity of a particular form of guidance that will allow the society to function and progress in a united and cohesive manner.

The method by which Adat is developed is an interesting process based on consensus and applied norms agreed to by the krama adat, with its written form normally more rigid than the unwritten. Written Adat normally represents a deeply entrenched way of life that is part of a significant heritage handed down from generation to generation – the ancestral legacy. Community habits or common practices that have been taking place consistently in the daily life of its society can gradually develop into written Adat. These common practices, which usually reflect the process of social change and development occurring within a community, are often the challenges facing the Adat to provide adequate guidance and succour.

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Because the krama adat are totally responsible and contribute directly to amendments made to the Adat system, responses to these social challenges are subjective and varied. The process is also dependent on the principles of Tri Hita Kharana, desa, kala, and patra experienced by the respective krama adat. This set of circumstances allows the Adat systems to consist in the main, of a set of flexible, social, communal rules, composed on the basis of value systems evolved within the community. They also involve a process of internal participation, one that addresses and responds to social change. The institution of desa adat provides guidance and leadership throughout the whole process.

Failure to comply with the Adat will result in penalties referred to as sanksi-sanksi adat (adat sanctions) in the form of Tri Danda (three forms of sanctions), listed below:

ƒ The first sanction is known as a sentence on one’s soul or ego – Jiwadanda. Offenders: are required to apologize to the members of the community; are temporarily/permanently suspended from some/all community activities; are banned from entering certain community areas and temples; community memberships are temporarily/permanently cancelled; and may have the opportunity to regain their membership, access, and involvement if the required adat obligations are fulfilled.

ƒ The second sanction is a sentence on one’s property or material possessions – Arthadanda. Offenders are required to pay a fine in the form of money, rice, coconuts, palm leaves, or other materials used for offerings.

ƒ The third sanction is a sentence of purification – Sangaskaradanda. Offenders are required to conduct particular religious ceremonies. This sanction is normally imposed on people or groups of people who have conducted activities which in terms of adat are classified as wrongdoings, i.e. committing murder in the temple, fighting in the temple causing blood to be spilt onto the ground, entering sacred places without maintaining proper dress codes, having sexual relationships in the temple, etc. Such activities are considered to be practices that erode the purity of the temple. Sentencing requirements of offerings and ceremonies are meant as a process of purification for the affected area in order to reinstate its sanctity.

Of the three sanctions mentioned above the most unpleasant and what is deemed to be a sanction of last resort is the Jiwadanda sanction, decreed on a person or family, for the blatant abuse of adat, such as in refusing to perform their duties of voluntary assistance in the preparation of ceremonies for the village temple for prolonged periods. These sentences are normally only imposed after issuing three warnings and when there is no response from the offending party. Here again, all sanctions imposed are based on community consensus.

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3.3.4 Balinese cultural forms and practices

The work of Covarubias (1972) and Eiseman (1990), and the Balinese ethnic background of the present author all contribute to significant explanations of Balinese cultural forms and practices. Referring to figures 3.4, 3.5, and 3.6, the following analysis will focus on space, commencing with the primary message system of territoriality, followed by the other nine primary message systems. While recognizing the importance of the cultural forms and practices generated by the other nine PMS, this analysis concentrates on that relating to territoriality since the land use dimension is the central concern within this study (see the highlighted boxes/circles in Table 1.1, Figure 3.4, and Figure 3.5). A summary of the required territorial forms in relation to the social practices of Balinese culture is also provided at the end of this section, and demonstrates their critical meanings in sustaining the entire cultural system. a. Territoriality

The definition of Hall’s primary message system of territoriality is that it is used in illustrating ownership, utilization, protection and the defence of a particular area. Historically humanity has always been involved in either defending or conquering space. Colonialism before the Second World War was an obvious example of this globalized effort, to possess land rich in natural resources as a major resource and means of production. Even in the present age of information technology, this practice still persists, dragging countries into never-ending political conflict, such as the Middle East where the state of Israel and the Palestinian government are in a continuous battle over land. The Republic of Indonesia experienced a similar long drawn out period of internal conflict and negotiations in an effort to retain as part of its territory. On the other side of the spectrum, China was successful in its claim on the island of Hong Kong from the British because of a previously negotiated treaty in the form of a lease, and is still involved in a politically sensitive negotiation process in preventing from achieving its independence.

The occupation of space in Balinese society is equally interesting. While the Tri Angga concept is substantial to every single aspect of Balinese life, it is especially central to cultural practices pertaining to territoriality. All territory is divided into three major sections, orientated from the north to the south (cosmic orientation) and the east to the west direction (natural orientation). In a family compound, the section defined as most important (utama) is zoned for the location of the family shrine; the area of second importance (madya) is zoned as the living area; and the area of least importance (nista) is zoned for household garbage or as a dumping zone. On a larger scale at a village level, the utama area is reserved for the location of temples; madya for housing; and nista for the location of the village cemetery. In the context of an island, the utama area is where mountains are located, and is referred to as kaja (the north); madya is the area for general

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settlement; and nista is represented by water (the sea which is always referred as kelod (south)). Figure 3.8 shows how the Tri Angga concept applies to territorial practices in Balinese society.

Utama Utama Utama Head Religious zone Nista Madya Utama

Madya Madya Madya Body Settlement NistNistaa Madya Utama zone

NistNistaa Nista Nista NistNistaa Madya Utama Foot Disposal zone

N N Figure 3.8 The concept of Tri Angga and references to the PMS of territoriality.

For non-Balinese, this mountain-beach orientated society causes confusion with the concept of kaja (the northerly direction). This is because the Balinese always refer to kaja in line with the direction of the mountains (gunung). In the case of the island of Bali because the mountains are situated in the central eastern part of the island the people living in the south and the north have different northerly directional references. This arrangement however does not affect the other geographical directions of kauh (west), and kangin (east), as shown in Figure 3.9. For people living in the northern part of Bali, reference to what is regarded as the geographical south will be the opposite or kaja or north, and the reverse as in the case with the geographical north, which they will refer to as kelod or south.

Northern Bali

Mountain Range NORTH

Southern Bali

Figure 3.9 Direction in connection to mountain and coastal areas.

The northeast has a special religious significance in terms of zone and orientation for the Balinese; once again this has to do with the religious concept of the mountains and the rising sun. The revolving motion of the sun in Balinese society is conceived as the natural axis that reflects the

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rotation of the earth, and the east is therefore an important direction. In accordance to the concept of Tri Angga, the highest point which is usually the mountain ranges represent the most important origin or utama, where all authority is sourced. This is the main reason for categorizing the northeasterly direction as the holiest area. In practice, holy functions and buildings, such as family shrines and temples, are always zoned for this particular area.

Combining these hierarchical concepts of Tri Angga, the balance concept of Tri Hita Kharana and the concept of opposition in Rwa Bhineda, there are no absolute demarcation lines dividing each zone, as all zones on their own, are in turn further broken down into their own micro concepts of utama, madya, and nista. Temples that are sited on areas classified as utama zones, at the same time have their own nista zones. The sea and its surrounding coastal areas, though categorized as a nista zone has at the same time its own sacred or utama zone, used mainly for purification ceremonies. All of these practices have underlined a complex and unique system of interaction relating to territoriality.

For the Balinese people, ‘land’ is considered to belong to the earth and to their ancestors. Every krama adat receives a plot of land for housing needs and in return has to comply with the Adat, to work in harmony with other krama adat, and to provide the desa adat institution with physical and material assistance when required, mainly for odalan (a ceremony to celebrate the completion of building certain temples/shrines), ngaben (the cremation ceremony), and in the event of natural and other disasters like fires, floods, and various other community activities. Basically, the reasoning is that villagers through the desa adat institutions are bequeathed with the heritage of land from their ancestors, and as such possess the rights to utilize but not own the land. This Adat is still practiced in the Tenganan village located in the district of Karangasem, where one of the case studies was carried out. The desa adat institution is responsible for all land matters in this village and the Krama adat who reside in this particular territory, believe that they belong to the same ancestral lineage and historical past that bind them to the same values of the Adat system.

Given at the level of this single PMS, it is clear that the Balinese cosmology is supremely different to other part of Indonesia, and even more so to the rest of the world. But this religious occupation of the earth opens up a huge region of potential conflict with anyone who is ignorant of local culture. These and other conflicts from the PMS system are addressed in Chapter 6 b. Interaction

Unlike the other nine primary message systems, which represent non-linguistic forms of communication, Hall’s primary message system of interaction refers to language as a common means of communication. This further contributes to an idea expressed in his statement that to be able to interact with the environment is to be alive, and failure to do so is to be dead. By stating

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this, Hall did not mean that he ignored the variety of interaction contained in the other nine PMS, but merely wanted to strengthen the argument of culture as a form of communication, where language is the main component. Language in a Balinese context is a highly complex form of interaction, which is strengthened by tone of voice and gesture. The Balinese language differs from Bahasa Indonesia – the official language of the Republic of Indonesia, and the other local languages and dialects spoken throughout the archipelago, that is it has both ‘high’ and ‘low’ forms as in German or in demotic and written Greek. Its low form is very informal, consisting of mainly slang and many abbreviations, but there is a high version that is mainly used for formal interaction, spoken with a lot of respect and mainly focusing on the use of euphemisms that make it very flowery.

The Balinese also have their own special form of writing, a specific form of interaction that utilizes certain written characters and specific sets of symbols. This writing is rarely used on a daily basis and its alphabet is mostly used in traditional Balinese manuscripts, or for religious purposes. Because it is not ‘user friendly’ only a selective number of people, such as priests or pedanda (high priests), those who also leads several religious ceremonies referred to as the pemangku, the Balinese healer (Balian), and scholars who specialize in reading and writing manuscripts, are able to use this writing as a form of interaction. The majority of the Balinese use the Roman alphabet instead, because they find it easier to learn using this alphabet rather than the traditional form of Balinese writing. This has also been encouraged by the Indonesian government’s push to promote the use of the Roman alphabet in writing, one which further undermines an important part of Balinese culture.

A major difference between the English language and the Balinese language is that the latter form of language has three levels of usage – an implication of the Tri Angga concept. These levels are the biasa (common), madya (medium), and utama (high level). The specific use of these levels is related to the caste system (will be explained in the PMS of association). For interaction in practice, the biasa level is the most common form of the spoken language used by members of the various castes when communicating with family members, friends, or members of the community. People who belong to a lower caste use the madya or utama level form of the spoken language, when they communicate with people who belong to a higher caste or who are strangers. In reply, members of the higher caste will communicate using the biasa level. If they intend to be polite, members of the higher caste will sometimes reply back using the madya level. The utama level is mostly used when interacting with the pedanda or for very formal interaction, like community meetings, speeches, religious interaction, and other formal ceremonies. Some traditional artistic performances interact by combining the use of all three levels of the language, interspersed with body language and music from the gamelan to attract and hold the attention of the audience.

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The Balinese language represents a certain richness, which is a reflection of interaction, as well as a reflection of the social structure and social liaison. There is certain distinctiveness in conversation, which allows the identification of those participating by merely listening to it.

In relating interaction to territoriality and its forms, one discovers a large variation within Balinese culture at the various levels of household, village, and the whole island. In general, interactions within Balinese culture are performed around the Tri Hita Kharana or concept of balance. Central among these interactions, that characterize Balinese culture are those relating to religious practices. Not a day passes in Bali without observing people interacting in the organization of religious ceremonies. These ceremonies do not cater only as thanksgiving or sacrifice to the omnipresent. They are also held in thanksgiving or prayer for the wellbeing of human beings or nature, and in most cases, require the participation of a large number of the krama adat in the preparation. This environment not only creates an inter-dependence, but also the need for reciprocal interaction between people belonging to the household, the desa adat, and throughout the island. It has furthermore encouraged strong communal relationships, and to a large extent has determined territorial practices and forms. This explanation begins at the household level.

Underscored by the general interactional principles mentioned above, there are two prominent territorial forms found in Balinese housing. The first is the natah or courtyard (an open space in the centre of the compound). And the second is the telajakan or nature strip (an extra space surrounding a compound, such as house and temple). Figure 3.10 shows a simple diagram of the compound of a Balinese house.

1 3 Notes: 1. Pemerajana/Sanggah (Family Shrine) 2. Bale dangin (Eastern Building) 10 4 3. Bale Daje/Gedong (Northern Building) 2 4. Bale Dauh (Western Building) 5. Bale Delod (Southern Building) 6. Paon (Kitchen) TELAJAKAN 7. Kerumpu (Rice Barn) Neighborhood road 9. Teba (Backyard) 6 5 7 11 10.Natah (Courtyard) 11.Pemedal (Entrance)

8

9

N

Figure 3.10 Diagram of the compound of a Balinese house

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The natah or courtyard is the central area for interaction in a household. This open space is used for most of the religious ceremonies held in a household and it is a requirement that guests enter the natah before being seated in one of the buildings. Interaction between members of the family, children, and adults or between one family and another are primarily carried out in this space. And in order to provide a pleasant atmosphere for the inhabitants, the natah is commonly a well- landscaped area. The telajakan or nature strip is a transition area meant for the informal interaction among members of the household and other villagers. This extra space is also important when required for several family ceremonies such as funerals or ngaben, weddings, the celebration of the arrival of a newborn baby, etc.

At a community level within a desa adat, there are two major territorial forms, the requirement of space for religious purposes, and social interactions. The first requirement involves the wantilan pura or temple hall, the natar pura or temple courtyard and the jaba pura or space outside a temple. The next requirement includes the balai banjar or the neighbourhood association hall used by members of the neighbourhood association and the wantilan desa or community hall utilized mainly by the krama adat or community. The alun-alun or community square, which is normally situated in the centre of the village, is mainly used for the pursuit of community pleasure and entertainment. Sporting activities, traditional performances, daily markets, and food stalls are also allocated to this area. The requirement of religious community space is particularly significant across the island as several prominent temples, positioned in accordance to the Tri Angga concept, bind its people. This involves a broader scale of religious interaction that consequently demands a larger territorial basis.

Given the illustrations from the previous paragraphs, the importance and meaning of territorial forms for the interaction of community and household in a communal society like Bali is transparent. Importantly, although Bali recognizes the caste system, its practice is not general portrayed in public, especially in community territory where all krama adat are treated as equals and allowed to sit together, enabling them to interact democratically. c. Association

By association Hall signifies a form of communication among people as a function of living in a group or groups: society, class, caste, and country. In explaining this PMS within Balinese culture, this study identifies three major categories of Balinese association. Firstly, association based on territory: the desa adat and banjar adat institutions. Secondly, association based on social groups: the caste system and soroh (a clan based association). And thirdly, association based on similar interests or professions: various sekeha. Unlike the first and the second types of association, the third association is not permanent and its existence depends on the temporary need/s within the community. The first and second categories in particular are associated with typical Balinese

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community based institutional systems (a detailed explanation has been provided in the previous section 2 of this chapter).

The caste system in Balinese culture creates the formation of social relations, which form part of the Hindu religion introduced by the Majapahit Kingdom, and is not the same as the class or divisions of a capitalist society. It is a collective association of people based on dharma or occupation. There are four recognized castes in Bali, which are listed as follows from the highest to the lowest: Brahmana (those who work in the religious field); Ksatrya (those who work to defend the nation); Weisya (those who work in an economic field); and Sudra (those who work to serve the other three castes as labourers). This classification worked in the past when the work skills of parents were generally handed down to their offspring who were obliged to continue the heritage of a particular work function, for example a stone mason, carpenter or farmer. This however is not the case in a modern environment as a child still belongs to the same caste as his or her parents irrespective of whatever their future vocations are.

There are no particular associations relating to each caste, but the caste system has enriched the complexity of social interaction. As was mentioned earlier, the use of the three different levels of Balinese language for instance is associated with one’s caste. Failure to address a person from a different caste with the proper level of language may be considered offensive. The caste system also becomes a very complicated issue when it comes to the institution of marriage. As is commonly the case in a patrilineal society, matters relating to marriage in Balinese tradition is in accordance with the male or groom’s family line. The bride after the wedding is immediately absorbed into her husband’s ancestral line and detached from her parent’s. Such an arrangement means that a woman revokes her status of belonging to a higher caste status when she marries a man belonging to a lower caste, although she is still allowed to go back for prayers at her paternal family shrine. On the other hand when a woman from a lower caste marries a man from a higher caste she will in turn absorb the status of the higher caste, but is however not allowed to pray at her paternal family shrine.

When the marriage does not work out for whatever reason, the position of the women becomes problematic. Women find it hard to go back to their parents’ house if the status of their caste has been changed, they are theoretically no longer part of the original ancestral lines. Things become even more complicated if the parents did not approve of the marriage in the first place, and this therefore creates a preference to marry a woman or man from the same caste, a relative, or someone chosen by the parents, even though this practice is not as common nowadays as it was in the past. If required, there is a religious ceremony called Cudamani that can be performed in order for the woman to be accepted back into her paternal family.

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Soroh is another social association based on family lines. As in the case of caste, there are no specific community institutions for this social group. Many claim that the caste system especially is a form of discrimination and encourages human rights abuse. In the case of Bali however, this system is accepted by its people and has added value to the richness of its culture. Importantly, there are no specific caste/soroh based territories. There has always been the assimilation between castes, soroh, sekeha, banjar and desa adat within common community territories, such as wantilan desa, balai banjar, and alun-alun. d. Subsistence

In the primary message system of subsistence Hall examines societies in relation to human beings and the interaction between fulfilling their nutritional needs and the economy of a country. The spatial dimension in Balinese society is based on agrarian activity using both wet and dry cultivation methods. The wet agrarian fields are spread out along the southern and central parts of the island, whereas the dry cultivated areas are situated mostly around the hilly areas of the north and northeast. It is fair to say however that the landscape is dominated by the spread of paddy fields all over the island. The other source of living is fishing, for those inhabitants living along the coastal areas.

The territorial forms required by these economic practices for subsistence are in the form of temples in order to maintain harmony between economic activities, God, and nature. The Dugul temple, which is situated in proximity to the paddy fields, caters mainly to the religious needs of Agrarian based societies. The subak or Balinese irrigation association, which is lead by the pekaseh who also looks after the Dugul temple, organizes the irrigation system and providing water to these fields. The various individual associations consist mainly of farmers who operate paddy fields on a common irrigation line. Religious activities conducted at the Dugul temple will be at the expense of the members of the subak by the practice of urunan or community contribution in the form of money, coconuts, palm leaves, bananas, rice, etc. The amount of urunan depends on the size of the ceremony – utama, madya, nista, and is decreed by the pekaseh. As with the Dugul temple and which is also common with other temples in Bali, the subak association cultivates a piece of land, and its produce is used to support temple activities.

Fishermen also have their own temples, which are called Pura Segara. The resources required for religious activities at these temples are the responsibility of the members of the fishing community. Unlike the members of the agrarian society, the fishing community do not have a relevant association and there is also no specific land reserved to support activities held for communal interaction. This missing resource became clear in the case study of Kuta, a fishing community to be presented in Chapter 5. These circumstances demonstrate that Balinese agrarian society is more organised and cultured than its marine based fishing society.

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Hall also views eating habits and language behaviour at meal times as an interesting part of the territorial dimension in the subsistence PMS. Balinese culture on this issue is totally different from that of Western society, where forks, spoons and knives (cutlery) are the basic utensils used in a meal. The Balinese use their fingers instead of cutlery to eat and are also not controlled by the specific concept of ‘meal times’ in a family. The concept of ‘meal’ is an alien idea. Food is prepared and cooked only once daily and is mostly the responsibility of the female members of the household. In contrast, when food is prepared for the community, it is than however a male responsibility. Irrespective of the fact that most Balinese activities are communal by nature, individuals tend to consume meals on their own, whenever they feel like doing so. They eat food that is not preheated, in contrast with the western concept of hot family meals and conversations taking place during set meal times. The food is usually laid out on a table in the kitchen, which is open and detached from the other four main buildings and the family shrine. People eat when they feel like it. Interpersonal communication and food are not connected.

In the compound of a Balinese house, the kitchen is situated in the south and close to the entrance (see Figure 3.10). The reason for this is because the Balinese believe that the kitchen is a place associated with the deity Lord Brahma who purifies an individual from evil spirits prior to entering a house. Visitors normally go to the kitchen before they proceed to the other buildings in the compound, especially when one of the family members is ill. e. Bisexuality

In the primary message system of bisexuality Hall views the need to accommodate a varied combination of gendered roles as a means of meeting changes in the environment. A common link to Balinese culture and most Asian societies is the male dominated society, where a male is always the leader of a household and men make most of the decisions relating to family and community. Another crucial role for the man is the responsibility of the actual construction and layout of the house. According to the Balinese concept of Asta Kosala Kosali (the Balinese guidelines for the scale of buildings in the traditional house and compound, are based on the physical size of the leader of the household, meant to appropriately suit the people who live in it). There is no standard system of measurement.

Gender related conflict rarely occurs in Balinese society, and the divisions of labour between male and female are clearly defined. Men are mostly involved in community activities and women are responsible for all matters relating to the preparation of religious offerings and other housework. While bringing up children is both the duty of the husband and wife, women not only devote their lives to their immediate family but to that of their husbands’ (parents, brothers and sisters). Women are willing to work extra hard in order to support the members of her direct family both financially

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and physically, even if it means only providing modest financial help. It is a common to see women balancing heavy loads on the top of their heads at a construction site in Bali in order to earn an income for their families. Most Balinese housewives usually keep a few pigs and chickens and cultivate vegetables and fruit for the family’s requirements and also grow herbs for medicinal use.

Balinese women are considered advantaged in comparison to women from other similar male- dominated Asian societies, since they are financially independent. They are allowed to earn their own money and spend it without interference from their husband even though the male is still considered to be the head of a family. Due to the importance of having male children some families are involved in the continuous process of trying to conceive, some ending up with a large family comprising of mainly female offspring. Only the male offspring in a family are allocated the responsibility of taking care of the family shrine, which is the place used for ancestral worship, and are also expected to take care of the elderly members of the family and to continue serving the temple and the community.

After several decades of change, women are being gradually given the opportunity to involve themselves in matters that in the past were restricted only to men, i.e. making family decisions, participating in community meetings, community leadership, etc. Today women are attending school and pursuing careers, which give them greater independence. Men on the other hand are participating more in housework and the preparation of religious offerings. Traditionally if it should happen that a family has no male offspring for whatever reason, one of the daughters will have to assume the role of a son and will then marry a man who in reverse will have to assume the role of a woman in the household. This means that the man will follow the woman’s ancestral lineage and reside in his wife’s house. This arrangement is named nyentana and the woman’s family will address the man as sentana. Because of pride and matters relating to personal egos, not many men are willing to accept this role. The sentana normally comes from a family where there is an interconnected family lineage and this makes it easier in terms of paying respects to joint ancestors as well as the issue of belonging to a different caste.

These gender roles in Balinese society show that it is not a major factor that affects territorial forms and the arrangement of space, both females and males have the same equal access to space, although space remains gendered throughout. The strong unifying concept of holy/unholy and utama-madya-nista also governs Balinese society in refusing women access to holy/utama areas while they are menstruating as they are considered to be sebel or unclean. Rather than representing the isolation of a particular gender, this is perhaps better seen as more of a temporary interruption that may disturb the holy image of the space (temple or building) because the word sebel not only applies to menstruating women, but also applies and restricts members of the public who have had a recent bereavement in their family, women who have just conceived, and newly weds. It is also

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meant to restrict access to people who are experiencing extreme emotions, i.e. sadness because of death and exhilaration because of marriage, as they may not be able to concentrate and fully participate with other worshippers in temple proceedings, and in fact may also distract other members of the community. Therefore, while gender permeates concepts of space, it does not allocate or isolate gendered space in principle. f. Temporality

With the primary message system of temporality Hall depicts the various forms of spatial interaction in conjunction with sequences, patterns, cycles and rhythms. Such forms of interaction in Bali are found in the complex concept of the Balinese calendar (tika) that regulates the social and religious activities of the Balinese, including the ordinary actions of daily life. It is not only a measure of time, it also determines the cultural meaning of each moment in each life cycle of the Balinese system. Tika is based on two concurrent systems in the calculation of time. The first is being a Hindu solar-lunar system and the second a wuku year.

The Hindu Solar and lunar system is similar to the Gregorian calendar used widely at present with the duration of twelve sasih (month). The Balinese name the months by simply using Balinese numbers: kasa (first), karo (second), katiga (third), kapat (fourth), kalima (fifth), kaenem (sixth), kapitu (seventh), kaulu (eighth), kesanga (nineth), kedasa (tenth), and the other two for the eleventh and twelfth months djiesta and asada are adopted from Sanskrit. Each month consists of 30 days; 15 days of penanggal (axing days) and 15 days of Panglong (waning days). On a tika, the 15 days of penanggal are coloured in red and the 15 days of panglong in black. The 15th day of penanggal is named purnama (full moon), and the 15th day of panglong is named tilem (dark moon = new moon). On the tika, the purnama is circled in red and the tilem circled in black. This indicates the end of each month.

The Balinese people hold a special ceremony on both the days of purnama and tilem. The Saka calendar begins the day after tilem and at the end of the sasih Kesanga. The Balinese New Year day is the first day of sasih Kedasa, which is celebrated as Nyepi (a celebration to welcome the start of a Saka year). The Saka year is derived from a Hindu calendar that originates from the Scythian tribe in the southern part of . The year began with the commencement of King Saka’s rule, which was in the Gregorian year A.D 78. The Saka year is therefore always 78 years behind the Gregorian year.

The Wuku year is the Javanese-Balinese year of 210 days. The system came into practice during the domination by the Majapahit Kingdom of the southern part of Bali and is astoundingly complex. The year is not divided into months and the year itself is not numbered. There are significant differences between the Saka and the Wuku calendar. Based on the wuku system, the

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year is divided into weeks. There are ten weeks working concurrently and in parallel, they are listed as follows: 1-day week named ekawara, in which everyday is called luang 2-day week named dwiwara, in which the days are called: menga, pepet 3-day week named triwara, in which the days are called: pasah, beteng, kajeng 4-day week named caturwara, in which the days are called: Sri, laba, jaya, mandala 5-day week named pancawara, in which the days are called: umanis, pahing, pon, wage, kliwon 6-day week named sadwara, in which days are called: tungleh, aryang, urukung, paniron, was, maulu 7-day week named saptawara, in which days are called: redite (Sunday), coma (Monday), anggara (Tuesday), buda (Wednesday), wraspati (Thursday), sukra (Friday), saniscara (Saturday) 8-day week named astawara, in which days are called: sri, indra, guru, yama, ludra, brahma, kala, uma 9-day week named sangawara, in which days are called: dangu, jangur, gigis, nohan, ogan, erengan, urungan, tulus, dadi 10-day week named dasawara, in which days are called: penita, pati, suka, duka, sri, manu, menusa, , dewa, raksasa

Given this ten-week system that runs concurrently, all days are referred to by ten different names. A combination of these names indicates the character of a day, as to whether the day is an appropriate/inappropriate; good/bad; lucky/unlucky day to conduct particular activities, i.e. conducting religious ceremonies, working in the paddy fields, the harvesting of rice, fishing, building a house, building a family shrine/temple, cutting down a tree, to start domesticating pigs/cows/chickens, etc. All these combination of days within the year are presented in the tika. The most commonly used week is the 7-day week that runs the rest of the nine weeks; the 3-day, and the 5-day week. The important day of a 3-day week is kajeng and the most important day of the 5-day week is kliwon. When kajeng meets kliwon, the day is named Kajeng Kliwon, which comes every 15 days, coincides in between a 5-day and 3-day week. All Kajeng Kliwon days within the year are shown on the tika, when a special ceremony for evil spirits is held. There are five other conjunction days, which are important:

Saptawara Pancawara Name of Conjunction day Buda Kliwon Buda Kliwon Saniscara Kliwon Tumpek Buda Wage Buda Cemeng Anggara Keliwon Anggara Kasih Redite Keliwon Pengembang

Each of these special conjunction days comes every 35 days, since it coincides between the days of a five and seven day week. These particular days come concurrently with the thirty 7-day week of the wuku system. Each wuku consists of 7 days. The thirty wuku are as follows:

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Sinta Dungulan Matal Landep Kuningan Uye Ukir Langkir Menail Kulatir Medangsia Parangbakat Tolu Pujut Bala Gumbreg Pahang Ugu Wariga Krulut Wayang Warigadian Merakih Klawu Julungwangi Tambir Dukut Sungsang Medangkungan Watugunung

With regards to the relationship between the wuku and the special conjunction days mentioned above, the tumpek is one of the most unique dates. There are six of these days in a year. The first is tumpek landep (Saniscara Kliwon, wuku Landep), when offerings are made for tools/things made out of steels. The second is Tumpek Wariga/Uduh (Saniscara Kliwon, wuku Wariga). This is a day when respect is made to all trees. The third is Tumpek Kuningan (Saniscara Kliwon, wuku Kuningan). This is the most crucial tumpek, as the day coincides with Kajeng Kliwon as well as the end of the big day of Galungan (Buda Kliwon, wuku Dungulan), which celebrates the victory of dharma (good) against adharma (evil/bad). The fourth is Tumpek Krulut (Saniscara Kliwon, wuku Krulut). On this day, ceremonial offerings are made to musical instruments, masks, and dance costumes worn for various religious ceremonies.

The Tumpek Kandang/andang (Saniscara Kliwon, wuku Uye) is a day to pay respect to all animals, especially domestic animals. And the last is Tumpek Wayang/Ringgit (Saniscara Kliwon, wuku Wayang). Again this day coincides with a Kajeng Kliwon. Tumpek wayang is an important day for the shadow puppet player (a dalang). On this day, Balinese who have inherited a set of puppets (wayang) and who are puppeteers hold a ceremony for their puppets.

It is not hard to work out the relationship between the interactions based on the primary message systems of temporality and territoriality in Bali. The complex concept of time extends into a concept as to how space is scheduled and also how space directs an agenda/plan. The Balinese tika (calendar) is primarily a major source of information in finalizing an agenda of activities but also indicates the schedule for space across the entire island. Schedules listed on the tika are usually related to temple ceremonies, common religious and special days for activities relating to agriculture, for the building of a house, domesticating animals, etc. All villages have their own additional schedules for temples or common space, which is specific to the area.

The recognition of where certain activities are supposed to be held on a particular day or period of time is enhanced for example, with particular celebrations such as Galungan, where most activities for this festivity are held at temples and family shrines, and at schools and related places of learning on the day devoted to the Hindu deity Saraswati . The assumption that certain locations are places of learning is correct, when observing large number of devotees congregated in certain areas

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on that day. Alternately when observing a large number of people praying at places of education, one can make the connection that it is Saraswati day. Space and time in Bali do not possess the Euclidean properties they do in the western calendar g. Learning

With the primary message system of learning, Hall considers it as an adaptive mechanism that can be extended in time and space through the medium of language. This is not merely by a process of learning through a formal educational institution. The various forms of interaction reflect the way one learns about culture, as culture itself is imposed of learned and shared behaviour. Through a learning process one will recognise how others share similar ways of communication in a particular society.

Learning as the agent of culture in Balinese society takes place in a practical form, as Balinese overall are neither good readers nor writers. Learning is carried out by a process of transferring knowledge from groups of people who posses the knowledge such as priests, and desa adat leaders, to those who want to learn. The process is done orally and by practical example, either individually or through community activities. Community activities act as the medium for the most commonly practised opportunities, because members of society are bound in a cooperative environment where they spend a lot of time working together and helping each other in order to complete both individual and community tasks. Community spaces – temples, the balai banjar the wantilan desa and the alun-alun, unlike ‘schools’ are crucial territorial forms for learning. h. Play

In examining the primary message system of play, Hall looks at it as a method of interaction and learning that takes the form of recreation, fun, play, and games. Similar to learning, this form of communication within the primary message system of play is normally carried out as part of community gatherings, as group-based activities are common practice in a communal society. The word recreation melali (recreation, having fun somewhere outside the house) is commonly understood as visiting neighbours or relatives for a chat or to engage in an enjoyable activity. When people get together they tell jokes, humorous stories, play games, and have fun. Sometimes these games involve the concept of competition, i.e. masiat sampian and perang pandan (pandan leaf war). This is a yearly event, particularly held in Tenganan village involving two men competing with each other by striking the opposition using a bunch of thorny leaves from the pandan palm held in the right hand and a shield used for protection in the other.

Other forms of communal recreation in Balinese society are for example meceki or Balinese card game, tajen or cockfighting and makocok or roulette. Most of these games are held in conjunction

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with religious ceremonies held at a village or household level, when people gather together to prepare offerings and related matters. These games have a significant function during the ngaben ceremony, as they become tools to keep the mourners awake in order to supposedly protect the bereaved family and the corpse from evil spirits. According to the Balinese tika, not any ordinary day is meant for this ceremony. Sometimes the ceremony can only be performed six or seven days after the person has passed away. The body is meanwhile kept at home in the bale dangin during this period. It is also during this waiting period that community members and relatives will keep the bereaved family company, or magebag to remain on guard especially during the night, a time when it is believed that the bereaved family and the corpse are most likely to be disturbed by evil spirits. The game of maceki is mostly played during this vigil.

The practice of using cockerels for fighting is normally held on a bigger scale with larger audiences, as is the practice of using cockerels for racing. A few days before odalan, the community holds a ceremony known as mecaru catering to the invisible evil spirits (the bhuta kala) to appease them so that they are confined to their own space and are unable to disrupt the process of the ceremony. The tajen is held after the mecaru ceremony is completed, and the idea behind this is that evil spirits are believed to prey on chaotic and unmanageable situations. The tajen takes place when a game ends, usually with blood pouring out from the body of the defeated cockerel, that is usually dead as the unfortunate result of its injuries. Following this, a lot of noise is made by the supporters from both sides, jubilation from the supporters of the winning bird and anger and disappointment fro the opposing group. All this awakens the bhuta kala who enjoy consuming the spilt blood and also thrive in such an atmosphere. The concept of these games as being part of a religious ceremony has changed, and is today regarded predominantly as gambling for money. Both the games of tajen and maceki have become common forms of gambling in Balinese society.

There are no specific forms of territory provided for the purpose of play in Balinese society. Such interaction uses whatever space is available within the house compound or community: any building in the house, wantilan, balai banjar, alun-alun, wantilan pura, and jaba pura, etc. Play is powerfully connected to ritual symbolism, worship and learning, and concepts such as ‘sport,’ ‘games,’ etc. are alien and recent imports. i. Defense

Hall explains that the PMS defense, involves human beings and the methods they use to protect themselves, not only against nature, but also against society, and as well as allowing them to cope with any devastating forces from within their own societies. There are many varied practices involved in this primary message system of defense in Balinese society. Prime among them is the religion of Balinese Hinduism and its related practices, which are concerned with protecting society from the dangers of nature and from the basic instincts of individuals. The Adat and Balinese

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institutional systems have been developed to deal with offenders against society. Traditional Balinese medicine evolved to protect the welfare of society and individuals against disease. Balinese architecture is a special form of adaptation meant to protect people from the discomforting effects of excessive heat, cold, rain and other forms of natural discomfort.

The Balinese view Balinese Hinduism as a set of practices that consists of rules and modes of life, not merely a philosophical concept possessed by a group of priests or religious scholars. Besides its role as the source of social rules, the animistic influences embellished within Balinese Hinduism provide the assurance that religious and ritualistic adherence will protect the society from harm. These practical rules are embodied and adapted within the Adat systems, and enforced by the Adat institutional system. Both religious belief and the Adat system have for centuries generated a solid defense mechanism for the Balinese.

The next defensive practice comes in the form of medicine. Although the Balinese do not posses such a well-developed portfolio of natural medicines compared to that of the Chinese for example, Balinese society works very closely with nature, as a source for its traditional medical needs. Besides using lot of leaves and roots that are found in the environment, the traditional house compound always reserves a space called the teba (see Figure 3.10) for the planting of plants not only required for daily food consumption but also for medicinal needs. Examples of such plants or spices are turmeric, galangal, and ginger, etc

The following paragraphs contain a brief description of Balinese architecture, the fourth practice taken from the primary message system concept of defense. Balinese architecture conforms to the guidelines of Asata Kosala Kosali (AKK). Critical within the AKK is its principles of measurement for both domestic and community buildings. These principles are based on the size of the human body the length of a person’s arm or adepa, the palms or ayari, and the foot print or tapak, etc. The measurement for a house for instance, is taken from the owner, the leader of the family, the father, leading to the scale of the house as a reflection of the owner’s size. The AKK always addresses flexibility by adding extra depa/tapak/nyari to each measurement. This is important to a communal society such as Bali, when numerous guests/relatives comprising various physical sizes often visit or stay overnight. This method of measurement makes the house a very personal space that functions to fit and protect its owner from the possibility of living in an environment of discomfort, yet without overlooking its congenial capacity of accommodating others. The AKK also provides the measurement for public buildings, by identifying an average length in relation to the traditional terminology (depa, anyari, tapak).

The basic principle of Balinese architecture as a spatial system is to provide maximum space for interaction among the occupants of a household, and to outside environment: God, people, and nature. The practice of Balinese Hinduism is also well catered for in every building and site. All

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buildings have a space for offerings, and every site has a shrine. To maintain harmony with religious buildings and nature, no buildings are permitted to be higher than the average height of a coconut tree, which is approximately equal to a three-storey building. And to allow maximum air circulation, buildings in a household and community level, such as the wantilan, balai banjar, balai desa, etc. are designed with either minimal walling. One can see how this rule can easily be subverted by developers.

Buildings are designed with a non-rigid structure consisting of timber poles and beams that are constructed using wooden pins with a brick foundation. This type of structure is designed to allow elastic shear moment to protect the building from major damage caused by earthquakes often experienced on the island. This is necessary as Bali is one of the islands constituting the ‘ring of fire’, which forms the volcanic fault line that includes the island of Sumatra, Java and the Lesser Sunda Islands. If in the event of an earthquake the walls collapse, the columns made up of timber poles usually withstand the tremor and support the roof. Thus the entire building is unlikely to collapse.

Sites are chosen based on a method where several detached buildings can be located amicably to form the site plan. These buildings are united and oriented towards an open space forming the courtyard, and situated in the middle of the compound (see Figure 3.9). In terms of architectural elements, the courtyard is the centre of attention. It is not merely important for its central position, but also performs the prime function as the connecting area for the various activities, and as a transitional space that allows air and heat to freely circulate within the compound. The latter function is crucial in maintaining maximum average humidity levels of up to 85%, and maximum temperature levels at an average of 24oC-29oC. To support this function, the aesthetic qualities of a courtyard are well maintained, and normally well landscaped with shrubs and plants, not only to enhance its comforting impact but also to act as a heat sink for the built up areas in the compound,

From the examples presented above, which are attributed to the practice of the primary message system of defense, the territories that have been defended or are protected in Balinese culture can be further extended. The PMS of defense is not concentrated or isolated to certain areas, but is required by every household, every desa adat at a village level, and for the island as a whole. All households need and maintain the necessary space for the family shrine, most desa adat’s will require or have enough space for at least three temples (Tri Kahyangan: Pura Desa, Pura Dalem, and Pura Puseh). There is the spatial requirement to maintain the six existing major temples scattered across the island (Sad Kahyangan), and the one major temple Pura Besakih. Besides these needs, there are hundreds of other temples that make up the territories that have to be similarly defended. It is obvious that these territorial forms also require space for circulation to enable movement from one territory to another.

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Territories that permit the functioning of both defensive practises of the Adat institution and its adat system coincide with the communal space as explained earlier, such as the wantilan, balai desa, balai banjar, and alun-alun. I have not outlined the space required for the practice of medical- related defense, as such practices are usually accommodated within the available space in each household compound. The territory required to sustain Balinese architectural practices relate to the need for relatively larger segments of land in comparison to space needed for building a modern house designed to accommodate a family with four or five children. This also applies to community buildings.

Since the wages for skilled labour and the price for building materials have been continually increasing, the limitation of land becomes a major constraint in building a house compound/community building in accordance to the AKK. Along with Bali’s massive tourist development, there has also been a corresponding demand for land for the development of various tourist activities and its continually increasing population. Combined with a reduced availability of land, and an increase in land prices, these conditions have unfortunately contributed to a situation of limited affordability for individuals and communities in acquiring land. This unfortunate position further restricts the building of proper Balinese compounds, an environment that cannot sustain traditional Balinese architecture, including the concept of AKK and its architects or undagi. j. The primary message system of exploitation

By exploitation hall refers to humanity’s interaction with the environment in order to derive certain benefits through adaptive processes. Examples of these are contained in Balinese zoning and architectural practices. Territorial boundaries in Balinese society are well defined as the concept of Tri Angga for instance clearly divides all space into three major zones. This concept of zoning, categorizes space in accordance to its inherent values sacred or non-sacred, as each activity would depict. This is important when one considers the functions within a house compound or community area. Locating a pigsty in the madya area of a house is not possible as it must be located in the nista area, the reason for this is that a pigsty and its related activities are considered to fall into the waste category or nista zone. Similarly, a cemetery will always be located in the nista zone of a village. Balinese society has always strictly conformed to this concept and has demonstrated an inbuilt resilience against attempts to change it.

Besides the zoning systems mentioned earlier, buildings built in accordance with Balinese architectural principles are designed to adapt to the inherent climatic conditions of considerably high humidity and temperatures. Buildings within a Balinese compound for instance are designed on an open plan concept. Apart from having windows and doors, the houses are designed in a way that allow for as much air circulation as possible through the building, by constructing air vents in the form of gaps in between the eaves and the walls. There is also the absence of a ceiling, which

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encourages the heat to evaporate the moisture in the building, and together with the circulating air, it produces a cooling effect.

These practices of exploitation generate territories whose boundaries and size are defined. The significance of these boundaries goes back to the idea of zoning where the sacred values of each zone are protected and maintained. Traditionally space/land is considered an ancestral legacy managed by the desa adat institution, so defining these boundaries will subsequently involve a role for this institution.

In concluding this explanation of Balinese culture, Table 3.2 summarizes Balinese culture in accordance with Hall’s ten primary message systems. This table focuses its summary on the relationship between cultural practices and the forms of each primary message system with those of primary message system of territoriality. Each relationship is numerically encoded to match the information contained in Table 1.1, Figure 3.5, and Figure 3.6.

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The Binary relationship between Hall’s 10 Primary Message System within Balinese Culture

Hall’s primary Cultural practices Cultural forms message system Relating to the PMS of territoriality Relating to the PMS of territoriality (PMS)

(00) (04) (40) Interaction 1. Interaction within the family. 1. Household space: natar, telajakan. 2. Interaction among the krama adat. 2. Community space: alun-alun, markets, wantilan desa, balai banjar, balai desa, natar temple, jaba temple, and coastal areas.

(11) (14) (41) PMS of Association 1. Governing matters related to the krama 1. Community space: Balai banjar, balai adat, groups from different castes, soroh, desa, wantilan desa. and groups of professional.

(22) (24) (42) Subsistence 1. Agricultural related practices. 1. Agricultural – paddy – fields, Dugul temple. 2. Fishery related practices. 2. Segara temple. 3. Trade related practices. Melanting temple, markets, alun-alun.

(33) (34) (43) Bisexuality There are no territorial practices that signify There are no specific forms of territoriality that gender differences. Classification of individuals represent gender differences. as ‘sebel’ – women who have their periods, families in mourning, sex offenders, etc. – are not permitted to enter sacred spaces: temples, balai dangin, family shrines, etc.

(55) (54) (45) Temporality Scheduling of spaces is determined by the tika, Scheduled spaces that determine cycles: which is not only a measurement of time, but temples, family shrines, coastal areas. also determines the cultural meaning of each moment in each life cycle of the Balinese system.

B a l i n e s e c u l t r e e s c B a l i n

(66) (64) (46) Learning Informal methods of learning within the Place for learning: community: transferring knowledge from one 1. family compound. group/individuals to another. 2. community space: wantilan, balai banjar, temple, balai desa.

(77) (74) (47) Play Play for: Recreational areas: 1. religious purposes. 1. jaba pura, natar pura 2. social purposes. 2. wantilan desa, balai banjar, alun-alun 3. fun. 3. natah, alun-alun, balai banjar, balai desa

(88) (84) (48) Defense Practices of defense: Space for defense: 1. religious practices. 1. temples and their surroundings, beaches. 2. the adat systems and adat institution. 2. balai desa/banjar, wantilan, alun-alun. 3. Balinese medicine. 3. house compound, community buildings. 4. Balinese architecture.

(99) (94) (99) Exploitation Zoning practices in accordance to the concept Space are zoned and marked as utama, of Tri Angga. madya, and nista zones.

Table 3.2 Summary of territorial forms and practices within Balinese culture

The above table emphasizes the significance of territorial practices and forms within Balinese culture. The use of these territorial forms are intertwined within each other, as in the case of

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defense related practices for instance, also being used as learning related practices, or vice versa. One reason for this multi-use of space is a result of the communal orientation of the Balinese, where mixed functions are deployed. The existing environment is crucial to this study as it aims to analyse the relationships between the longevity of cultural practices and the availability of territorial forms. Despite the complexity of the adopted matrix, it still over simplifies the overlap between various aspects of local culture.

The first three sections therefore have explained the nature of Indonesian society and its politics. The Balinese institutional system, the nature of the Adat system, the richness of the Balinese cultural practices and forms, and how the DAI intertwines with culture, have also been elaborated. As a continuation of these three sections, the thesis will now move to exhibit the threats to local culture which result from conformance to national economic and political strategies.

3.4 The threats to local culture

Reference to the term ‘Indonesian State systems’ is made in regard to the Indonesian state’s collective socio-economic and political strategies, superimposed upon the Balinese way of life. It is obvious that there are fundamental differences between these two systems. State bureaucracies implement the ideology of a modern nation-state, whereas the Adat systems are based on Balinese culture. Modern legal systems upon which such states legitimate their authority, are based on the accountability of the individual subject, not on collective responsibility. In a modern state like Indonesia, the state has the controlling power over its territory and people, and the practices related to its market society are prominent, ownerships are defined, individual interest and competition are promoted etc. In the case of the traditional Adat systems on the other hand, the krama desa have the most important position, shared values are highly regarded, and community interests and needs are addressed before those of individuals. In Balinese culture, threats emerge when the state acts in ways that impose modern state bureaucracies onto a complex quasi-feudal society with little or no concern for the Balinese and their Adat. Culture to the Balinese is not a mere product of social interaction that adds to the available quantum of symbolic capital. When this way of life is coerced by state action, its entire existence comes under threat.

By underlining this analysis of threats to Balinese culture with the two dominating agendas contained within the state system – economy and unity, the threats facing local culture may be categorized into two groups. There is the threat relating to national economic strategies and practices, and the threat in conjunction with the state’s agenda to build, strengthen, and maintain national amalgamation. The first section contains threats induced by nationalizing and commandeering local resources to support the nation’s revenue, and also to support wealth creation for privileged groups. The second part considers the threats resulting from state action to

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nationalize and undermine local political system. This explanation begins with the first threat relating to economic strategies and practices.

3.4.1 The threats resulting from the national agenda on economy

The critical practices imposed as economic strategies that threaten local culture in Indonesia comprise of the National Economic Development Plan (NEDP) introduced to promote national cultural tourism, and also the implementation of the Basic Regulations and Agrarian Principles (BRAP) introduced to manage matters pertaining to land. Each of these strategies and their impacts are explained as follows.

3.4.1.1 The tourist industry

The strategy to promote Indonesian national cultural tourism is driven by two key strategies. Firstly, because of the present global trends in tourism there is a concerted effort to promote and adapt local culture as ‘tourist culture.’ Secondly, with the various cultural forms and practices that exist throughout the archipelago these potential resources are also what encouraged Indonesia to take part in the global market place. In choosing Bali as the centre of Indonesia’s national tourist development, it is apparent that Balinese culture and its component parts are at the centre of attention and serve as potential commodities meeting tourist needs as well as achieving the national economic agenda.

Threats to culture take place when strategies merely aim at giving priority to economic goals set by the national government and its development partners, without providing proper mechanisms to protect culture from the damaging impacts of capitalistic practices, which then continuously erode in Bali. These practices began when the state’s limited financial capacity to develop the industry was seen to be a major obstacle, especially when the industry was designed to boost national revenue. The NEDP was introduced as the solution to encourage the private sector to participate. In fact this participation has become dominant with eighty percent of investment schemes that run the operations of major tourist facilities in Bali being held either by national or national-international joint private corporations based mostly in Jakarta and (Aditondro 1995). The remaining participation consists mainly of local and or local-national joint enterprises. This situation has no doubt contributed to the Balinese economy by creating more jobs for e.g. waiters, room service attendants, receptionists, accountants, handicraft makers, etc. The entire process however is aimed at enhancing national revenue and increasing state investment, by exploiting various factors of production – people, culture, and territories – and controlling them to maximise both economic objectives. The krama desa and their Adat are then slowly turned into an exploited service industry for state joint ventures and venture capital

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Bali’s tourist industry supported by national development planning has deepened the entire scope of cultural commodification. For instance, sacred dances are presented as tourist attractions; the duration for several art performances are shortened from 3 hours into 30 minutes to suit the tourist timetable; many territorial forms are sacrificed to allow the development of various tourist facilities – alun-alun, beaches, paddy fields, temples; elements used in religious shrines are misused as elements of landscape by various tourist facilities; certain forms of offerings are used as interior decoration in hotels and their rooms etc. These misdemeanours are practiced to supply tourists with ‘appropriate’ facilities and surrogate cultural experiences. As the number of tourists increase, more facilities are required, and practices relating to cultural commodification are impacted. In the short term this condition has brought huge economic successes for investors. However, the situation has fundamentally shifted as the main value of culture as lifestyle, changes into culture as a means for revenue and wealth creation. Because there is no other employment, people are forced to participate in the deconstruction of their own cultural heritage. The continuous modification of Balinese cultural elements will result in permanent changes that will destroy one of the most unique cultures left on earth, a consequence that is not expected to be good for future generations of Balinese, tourists, financial investors, and the national government. Paradoxically, the unrestrained greed of capitalist enterprise is slowly destroying the object of its own wealth creation.

The national government’s support for capitalist practices does not adequately generating proper strategies to protect local culture. To recognise and establish these strategies many things need to happen: first, an analysis of the bearing capacity of Bali’s physical, social, and cultural capacity; second, a study of Balinese culture to identify its critical cultural forms and practices in order to sustain the culture; third, recognition of the strategic roles of the DAI in relation to Balinese society; and fourth, the inception of a development plan that balances economy, environment, and culture. All these strategies are omitted from the NEDPB and there are only two reasons for this. Overall, there is the immediate need for the nation to generate revenue by all possible means, and this coincides with the idea of wealth creation within a global market society, of which the Indonesian economy is apart. Then we also have to deal with the presence of corrupt government officials, with personal economic and political interests that have provided paid access to private enterprise to interfere, and to also direct, the decision-making process in favour of the business goals of such enterprises.

3.4.1.2 The implementation of the Indonesian Basic Regulation on Agrarian Principles

State involvement endorsing capitalist market practices is further evident with the implementation of the Indonesian Act No. 5, 1960 concerning the Indonesian Basic Regulation on Agrarian Principles (BRAP). The implementation of this Act provided the Indonesian state with the ability to nationalize various land arrangements by registering and issuing land , with the Indonesia

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Land Affairs Board responsible for coordinating the process. A consequence of this has been that local land arrangements and related local institutions have, for all practical purposes, extinguished national law. In this regard, the BRAP is thus responsible for the continuous eradication of various traditional territorial forms and practices. Realizing that land has economic, social, and political functions, the BRAP attempted to portray itself as ‘user-friendly’ to local people by stating that the implementation of local land arrangements are to be considered when they are not in conflict with national interests, which de facto they are most of the time. This did not sustain any local territorial interaction, but further emphasized the domineering control of the BRAP/state authority.

We can therefore suggest that the BRAP was designed to achieve three ultimate goals. First, to nationalize the management of land. Second, to transfer the control of resources from any local institution to the Indonesian state. Third, to fulfil its agenda of economic and national amalgamation, state control and exploitation of this factor of production. For the proper clarification of these national aims, this section will explain local land arrangements in detail, and how these arrangements were changed to conform with the BRAP. Finally, explanation of how these territorial forms and practices were compromised to accommodate land market practices dominated by wealthy businesses is also demonstrated.

Prior to the introduction of the BRAP, there were two land systems that existed in Indonesia. The first was the traditional customary law rights, and the second was the more capitalized system of having written land titles and land registration (Harsono 1970; Saleh 1982; MacAndrews 1986: 13). The customary law system is practiced in many parts of Indonesia, where land and land ownership is handed down in accordance with traditions. In the case of Bali, this system is contained within the Adat systems. Formal registration or title is not recognized. The second system was introduced during the colonial era. The Dutch introduced a new westernized land system to distinguish and to secure land and supersede control over land owned by local people. This system requires land to be registered and a land title to be issued. In its fundamental constitution, the BRAP adopted this commodified westernized form of tenure with an amendment to say that this law guarantees the legal rights and security of the local people over land, when this right does not exist in practice. In demonstrating the implementation of this law, this section will focus on Balinese land arrangements.

The history of adat land in Balinese society started with the emergence of the communal society or desa adat (Ginarsa 1979, Soebandi 1981, Ardana 1982). The desa adat institution as the representative of the ancestors of its community, was the only institution that had the right to manage and record the land in a piagam or pangeling-ngeling on behalf of the krama desa, and to distribute land among the krama desa. This land is referred to as tanah adat (tanah = land) (Surpha 1984). There are four types of adat land in Bali:

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1. Tanah Desa, which used to be named Druwe Desa or Tanah Druwe. This type of land is managed by the desa adat, taking the form of agricultural land, cultivated by sharecroppers, who are members of desa adat. Land that can be classified as tanah desa are: tanah pasar (is used market); tanah lapang (is used for community squares); tanah setra (is used for cemeteries); tanah bukti (cultivated lands where harvests are given to the prajuru desa within his/her leadership period). In Java, such land is named tanah bengkok

2. Tanah Laba Pura or Pelaba Pura, this land is used to support temple activities. Every temple usually has its own pelaba pura. There are two types of pelaba pura:

a. Pelaba pura to be used for the actual building/s of the temple, and

b. Pelaba pura, where its harvest is utilized to support the regular activities of the temple, i.e temple ceremonies, and the maintenance cost of the Temple.

3. Tanah Desa (PKD). This type of land is given to the krama desa to build their houses, and the size of this land is almost the same for every household. This is enforced by the desa adat institution based on a consensus made by its members. In return these krama desa are obligated to provide ayahan and patus when required.

4. Tanah Ayahan Desa (AyDs). Cultivation of this land is authorized to the krama desa. This group of krama desa has the right to harvest the land and in return it is obligated to provide the desa adat with ayahan when it is required. In Java, such land is to be called tanah gogolan.

Thus adat land is further defined into two major groups in accordance with its tenure and use:

1. Tenure held by the desa adat institution, and used by the whole community: tanah druwe desa and tanah laba pura.

2. Tenure held by krama desa, and used by each individual household, as long as this household belongs to the krama desa: tanah pekarangan desa and tanah ayahan desa.

The three important points that emerge from this practice is that the desa adat have a philosophical relationship with their territory/land (Wignyodipuro 1973). It is not merely a matter of possessing land to live on, but more about a relationship between the krama desa and their ancestors. The Balinese Adat system relating to land does not recognize any exchange value of land for monetary purposes or any other form of reward. It is only used for the collective benefit of the desa adat and its elements. All components of the desa adat – DAI, temples, and krama desa – have tenure over certain adat land, with the obligation to provide ayahan and patus where applicable. It is in a way a form of feudalistic practice, but not in the real sense, as Bali does not recognize landlords, who own large amounts of land. A quasi-feudal society may be a more correct term to describe this type of social system as every member of society has the right to enjoy the use value of the land and it is not treated as a commodity, and therefore a land market does not exist. Its philosophical and

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religious base, the communal use values, the communal decision-making process, and the roles of the DAI are therefore core elements for territorial arrangements that are unique to Balinese culture. This thesis also proposes that the potential absence of any of these elements is critical, and will endanger the longevity of Balinese culture as a whole.

Instead of conserving these elements, the implementation of the BRAP has however undermined and eroded them by:

1. eliminating land tenure practices, leading to the position of communal rights over land as not preferred.

2. disintegration of adat land.

3. not recognizing the DAI as a legal entity to hold ownership over land.

4. installing the Indonesian Land Affairs Board to take over role of the desa adat institution over land matters – relieving the DAI from its roles, rights, and duties. These actions subsequently threaten the Balinese institutional system, and territorial forms and practices, and so are advancing strategies damaging to Balinese culture, explained as follows.

Revolutionary changes to land tenure practices are caused by the basic requirement under the BRAP to register land and identification of rights over land. Articles 16, section 1 of the BRAP states that these rights over land include the right of ownership; right of exploitation; right of building; right of use; right of lease; right of opening up land; and right of collecting forest products. The failure to register land results in its classification as unregistered land. Rights over this land will be consequently handed over to the state. This policy has further disintegrated the unity of adat land by redefining tenureship of individually used adat land into private rights to the land. However, in the case of tenureship of communally used adat land – tanah laba pura and tanah druwe desa it has not changed into the DAI’s right over this land, as the institution is not considered a legal entity. Rights to this land are jointly shared between the state and the DAI. This interference requires the DAI to consult with the state/government for all changes to the land and subsequently means that the Balinese territorial forms and practices are to be subsumed to the state imposed agenda and subject to state approval. This statement will be made clear with several cases presented in Chapter 5.

The Indonesian Government Regulation No. 38/1963 outlines four major institutions that can be classified as legal entities: 1. Bank institutions established by the government on behalf of the country.

2. Cooperative organizations related to the agricultural sector, but formed based on the Indonesian Law No. 79/1958.

3. Religious organizations, which are appointed by Department of Agriculture and Agrarian Affairs with advice from the Indonesian Minister for Religion.

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4. Social organizations appointed by the Department of Agriculture and Agrarian with advice from the Indonesian Minister for Social Welfare.

This regulation also indicates that the DAI does not fulfil the state requirement to be classified as either one of these institutions. By not recognising the role of the DAI, the position of the tanah laba pura and the tanah druwe desa in assisting with communal interaction within Balinese society is further endangered. Chapter 5 will further emphasise this circumstance. The BRAP however gives hak ulayat – right of use – over communally used adat land to the DAI as a representative of the desa adat (Harsono 1970; Haar 1974; Mahadi 1977). In relation to this right, article 3 of the BRAP states that: “…….the implementation of the ‘Hak Ulayat’ (the propriety-right of communal property of an adat (community) and rights similar to that of adat communities), in so far as they still exist, shall be adjusted as such as to fit in with the national and state’s interests, based on the unity of the nation and shall not be in conflict with the acts and other regulations of a higher level.”

This article obviously carries two significant implications for the hak ulayat:

1. The first relates to the existence of hak ulayat. This right will only be recognized by the BRAP if it existed on the day of the inception of this regulation. Hak ulayat is not recognized in areas where the right existed in the past but is no longer current. Further, hak ulayat will never be introduced to an area where such rights have never existed.

2. The second point is the application of the hak ulayat. The hak ulayat shall be applied in a way that is consistent with national aims and objectives that are based on national unity, and is not against national law and other higher regulations.

The BRAP furthermore explains when the application of hak ulayat is restricted:

1. Hak ulayat does not apply, when its application is not in line with the national aim of issuing the right of exploitation (hak guna usaha) of land by a particular party.

2. Hak ulayat is not recognized when community members refuse to allow major deforestation activities to take place in order for the government to carry out major projects, such as developing a new housing area and the development of large cultivated areas to increase food supply.

3. Being part of a system that recognizes national law, the community with its hak ulayat have therefore to always work in line with national aims and objectives.

4. It is not possible for the hak ulayat to have absolute right over land, as its existence is in conjunction with other parts of the nation that may also have similar rights and needs for land.

The introduction of individual rights over land is critical in a market society in order to endorse market practices such as, selling and buying land, land leasing and transfer etc. Within a capitalist

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society, communal rights, communal consensus, and community agreements are not favoured as firstly, they tend to slow down market practices. Second, they do not favour the idea of wealth creation, but respect communal interests. Both of these principles are in serious conflicts with the basic functions of state sponsored capitalism. Moreover, communally shared practices and use values are in contradiction to modern society’s individual interests and exchange values, as promoted within the BRAP. By curtailing the participation of the DAI, the BRAP has restricted community access to community land. The mission of the BRAP to secure legal access to land for all Indonesians has not been evident.

Hence we may conclude that the implementation of the BRAP serves as a threat to Balinese culture, not only threatening its territorial forms and practices, but in its entirety. This is evident because territoriality is intertwined with the nine elements of culture, previously described.

3.4.2 Threats resulting from the agenda to promote national integration.

In explaining the threats facing local culture resulting from state owned agendas to promote national amalgamation, this thesis has included the state actions taken to nationalize its various political agendas: the development of an Indonesian national culture; nationalizing institutional systems; instigating national forms of law; creating national forms of social control; and establishing a national form of sanction and authority. Besides being tools for state-created systems, these action have to a large extent contributed to threatening impacts on the local cultural system, especially that of Bali.

These impacts in general are a result of the state’s unrelenting endeavour to nationalize, i.e. standardize local cultural forms and practices to fit in with state developed templates: a template for culture, law, institutions, and a template for social authority and sanctions, etc. These impositions are all meant to build up a sense of being a nation. Heterogeneity within the nation is conceived as a major threat in achieving national unity. Hence the answer, the uniformization process that requires immediate conformity, is created, decided, imposed, directed, and controlled by the national government at level I. It is therefore a fully state/national government dominated process, a process foreign to the local people who have little or no involvement or participation.

The threat resulting from the above situation can be classified into three categories. The first category consists of threats that disintegrate elements of local culture, as the creation of a national culture gives rise to new forms and practices that do not arise from within in accordance with evolutionary principles, but from without. These are promoted by the state on one hand, and the rejection of the various contributing groups on the other. For instance, Balinese handicrafts, forms of offerings, art performances are to a large extent freely embraced as part of this national identity, although they are in fact commodified to fit capitalistic enterprises and packaged for sale.

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Territorial related Balinese arrangements and roles of the DAI within these, are not included in the BRAP, although on several occasions this concern was only expressed when the Adat territorial guidelines were not in contradiction with state owned interests. Ironically, this can be seen as a process of disintegrating the unity of the various elements that protect and promote the culture.

The second category consists of threats that reconstitute basic values that have been a part of the local culture for centuries. This form of threat is inseparable from the first, because when culture is fragmented, the values attached to its component parts are also lost. In the case of Bali, the imposing presence of national law, sanctions, and authority are intended to push the Adat aside, when in fact the Adat is the soul of Balinese culture, highly regarded, shared, and obeyed. A further example is the role of desa adat institution, seen as a relatively important form of the Balinese institutional system and as such, denied participation at any level of the Indonesian national government. As has been explained earlier, the DAI as the community representative, consists of prajuru desa who are knowledgeable on matters relating to tradition as well as the Adat. It is thus expected that the DAI’s participation will provide a substantial contribution to decision-making activities, especially when decisions are aimed at being implemented at a local level. The absence of these two forms of local representation within the state system severely threatens the sustainability of Balinese cultural values.

The third category consists of threats that transform an independent society into a dependent society, interconnected with the first two threats demonstrated above. As a result of national integration, local conformity with the state-imposed systems is mandatory, and a recognition of state authority over local matters is an implication of this compliance. This conformity has also brought about the disintegration of cultural elements and the reconstitution of cultural values. When problems occur, the local community members are more likely not able to overcome and solve them as they are obeying systems which are foreign to their own values. The community will have to seek solutions from the national government at either the local or the national level. If the Adat is allowed to exist, the krama desa and the DAI will be able to overcome these problems internally. A clear example of this is when there is an issue with land registration, people cannot seek help from the DAI as was the case in the past. It is presently considered beyond the DAI’s knowledge and authority to do this, as issuing land registration and titles are now a part of the State system which directly enables the government to apply land tax, its central objective in revenue raising. This accelerates the process from an independent society into a dependant society.

Comparing the three circumstances resulting from the enforcement of the state system on Bali and the existing Adat system with Hall’s analysis of cultural systems, the state system therefore cannot be considered as a cultural system similar to the Adat. This is due to the fact that firstly, unlike the

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Adat, state systems are not derived from, nor widely recognized within the Balinese community. Secondly, State systems can act independently yet when it comes to surmounting difficulties at a local level, the systems fails to get to the core of the problem. There exist local cases which remain unresolved, due to conflicting values between the Adat and the state. The Adat system on the other hand, has the proven capacity to manage these communities for centuries and to solve conflicts. Thirdly, as definitions of ‘state’ and ‘government’ in the case of Indonesia are not clearly delineated, the state system is subject to change every time the nation elects a new government to power. On the contrary, the Adat systems are completely stable and changes to its practice are enabled in accordance to the principles of desa, kala, and patra.

Given these comparisons, it is clear that the implementation of state defined systems have contributed not only to breaking down the Balinese cultural system, but also the unique and complex system of the Adat. This thesis refers this condition as the process of deculturization. The above discussion has demonstrated this fact based upon an analysis of the conditions of Indonesian society and its politics in general, Balinese institutional systems, Balinese culture, and the commodification process of its cultural forms and practices. This argument will now be extended into the area of land use as a specific region of conflict, predicated on the context analysed above.

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C h a p t e r 14

Chapter 4 LAND USE CONFLICTS AND CHANGE

Having examined the political and cultural aspects of Indonesian society in general and threats to Balinese society and culture in particular, this fourth chapter discusses those aspects of development that contribute to spatial change in Bali. It also focuses on the impacts of the development control system, which have led to changes in the Balinese landscape. In order to demonstrate this, four main considerations are presented.

The first consideration is the development of the tourist industry as a leading sector contributing to Bali’s economy, which has encouraged the flow of internal migrants from neighbouring islands, an impact that was not considered when tourist development first commenced in the late sixties. The second consideration relates to discussion of development and its relationship to changes in land use in Bali. The third consideration analyses the correlation between the development of land and the development control system in Bali, which is basically administered by the national government. An examination of these three aspects leads to the fourth point in this chapter, concerning the emergent land-use related conflicts.

4.1 Migration and tourism

The implementation of the national economic development plan for Bali has generated two major types of migration to the island. The first form of migration, for leisure, is reflected in tourism. The second form of migration is people in pursuit of work, dominated by internal economic migration from Bali’s neighbouring islands. The national economic development plan for Bali (NEDPB) refers to migration in the form of tourism mainly for its role in revenue generation. The subsequent flow of economic migrants was however something never anticipated or catered for in the national plan. In examining the impacts of the two forms of migration on Bali’s development, it is first necessary to explain what has taken place within the island.

4.1.1 Tourism in Bali a. Tourism within Dutch colonization

The lure and attraction of the Balinese culture was recognized prior to the Dutch colonization. For example, Marco Polo was the first European tourist who visited Bali in 1292 when serving as ambassador to . A group of Dutch troops under the command of Cornelis de Houtman first arrived at Bali in 1597, on-route to the eastern part of the archipelago of what is the present day Indonesian Republic. Unlike the other areas that they had visited prior to this – namely Java

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Following a show of strength by Dutch troops on 28 November 1808, Van der Wahl managed to deceive the king of the Badung Kingdom into signing an agreement whereby he submitted to Dutch domination over his realm. In 1908, the Dutch were finally successful in forcing all the other kingdoms throughout the island to sign the same agreement. Apart from economic reasons, the Dutch domination over Bali was crucial as they aimed at preventing other western countries and their Christian missionaries from colonizing the island, thus ensuring the colonization of the entire Dutch East Indies – the name given to the Indonesian archipelago by the Dutch at that time. In the early 1920s the Dutch also used Bali with its unique Balinese-Hindu practice as a barrier to prevent the spread of Islamic fundamentalism and the Indonesian nationalist movement, which had recently developed on the islands of Java and Sumatra.

After the fall of all the Balinese kingdoms, Bali came under Dutch authority which then opened Bali’s gates to tourism. In 1908, the Royal Packet Navigation Company (KPM), a part of the Association for Tourist Traffic between the and India had a monopoly on shipping around the Dutch East Indies. KPM established an Official Tourist Bureau, which initially operated only in Java and abroad. From 1914 onwards, the bureau extended its operation into Bali, which was referred to as the Gem of the Lesser Isles (Picturesque Dutch East Indies 1925). This is a period when there was an increase of visitors to the island, which encouraged the provision of infrastructure and improved communications by the Dutch colonialists. Bali was also easily accessible from Java via Surabaya. The KPM opened the Bali Hotel in 1928 and renovated the pesanggrahan (rest-house) in Kintamani, a village in the Bangli district that was reserved for tourists who wanted to enjoy the exclusive and panoramic views of lake Batur.

Tourist traffic at Padang Bay harbour, situated near the eastern part of the island was heavy because it had to cater to the arrival of an average of 3 cruise ships each week, whilst Gilimanuk harbour situated to the west of the island had to cater for around 4 cruises per week. In 1933 an air link was established from the town of Surabaya located on the island of Java, to Bali. This was followed by the establishment of three weekly flights with the opening of the Tuban airport (presently called the Ngurah Rai Airport) in 1938. Initial figures provided by the Tourist Bureau show that 213 tourists visited Bali in 1924 and this number increased to 1,428 by 1929. From 1934 onwards, coinciding with the end of the great economic depression, there was a significant increase in tourist numbers, reaching an annual average of 3,000 towards the end of 1940 (Picard 1996).

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Images of Bali as an island of a thousand temples, gardens of heaven, an island of art and artists, and a land of paradise were also promoted by foreigners who resided on the island during the war. Most of them were artists and scholars who usually chose to live in areas like Ubud, Sanur and Kuta, which later become a part of the major centre for tourist development in Bali. They continually promoted the island among their friends overseas and became the mediators between Bali and the outside world, using films, photographs, and paintings to introduce the island (Spruit 1995). Local artists who learned from the new arrivals were encouraged to gain knowledge of new techniques that they had not known before, and were taught about works of art that might appeal to visitors. These efforts of foreign residents in Bali helped to broadcast Bali as an international destination (MacRae 1992).

The arrival of the invading Japanese army at Sanur beach in 1942 stopped the promotion of Balinese tourism, as the occupying Japanese were not interested in any activity concerning cultural conservation. However, they did use Bali as a holiday destination for their officers. The Dutch at the same time were also keen to reoccupy Bali. Bali's new popular image gave the Dutch a greater reason to reoccupy the island, as political turbulence during the Dutch occupation of the island had led to international disapproval. It was not until March 1946 that the Dutch returned to the island with an excuse that the chaos created by the war would have caused the deterioration of Balinese culture. The return of the Dutch was only short lived until the United States and United Nations urged the Dutch to give up its former colonies, including the Indies (the present Indonesian archipelago) in December 1949. Subsequently the Indonesian government took over the responsibility for Bali’s tourist development.

There is no doubt that for its own political reasons, the Dutch colonization of Bali had upset and disrupted society. The superimposition of the colonial bureaucracy on the existing local system of Kingdoms, tax impositions, forced labour, the introduction of a monetary economy, and the opportunity for only a select number of Balinese (they were mostly members of Bali’s Royal families) to be educated in , had created a gap between the commoners and a newly westernized educated elite, who were expected to be the native mediators between the Dutch and the local inhabitants (Nordholt 1986, Robinson 1995, Picard 1996). Despite all of these colonial practices, the Dutch were highly regarded for their contribution in encouraging and promoting tourism in Bali. b. Bali as the centre of tourist development in Indonesia

Being a newly independent and developing country, Indonesia went through a period of political and economic instability, and at the same time was searching for a form of political philosophy that would suit the country’s diverse environment. Indonesia’s first leader, President continued

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Chapter 4 Land Use Conflict and Changes the Dutch efforts to promote culture and tourism in Bali. He also recommended that all foreign dignitaries stop over at Bali before or after their visits on matters pertaining to the state and made Bali a key holiday destination. In 1964, the Ngurah Rai airport was extended to make it accessible to larger planes, and the construction of a hotel at Sanur Beach (the Bali Beach hotel) was also undertaken using Japanese war reparation funds.

Mass disruption caused by the Gerakan 30 September 1965’ (coup of September 30 1965), which caused the deaths of more than 3 million people throughout Indonesia and almost 50,000–100,0000 people in Bali alone, closed the country (including Bali) to all foreigners. The tragedy left a scar in the history of Indonesia and even till today is still covered up and treated as a national mystery under the façade of amnesia (Cribb 1990). To disguise this tragedy, the development of tourism in Bali resumed when President Suharto took over leadership. Some scholars say that the milestone was the opening ceremony of the Ngurah Rai International Airport, on August 1 1969 (Vickers 1989, Picard 1996). With the strong support of the army, group of politicians, oil revenues, and utilization of other national resources, the second Indonesian president, Suharto with his Orde Baru () concept, emphasized the need to regain the political and economic stability of the country.

Following this, Suharto requested foreign aid and support to re-establish the Indonesian economy. This led to the support of the Inter-Government Group on Indonesia (IGGI), from the (IBRD) and International Monetary Fund (IMF) in 1966. During the first five-year period of the Indonesian development plan (1969–1974), these three international organizations proposed an economic development scheme for Indonesia that involved international tourism, which then demanded the formation of a tourism policy (Department of Information 1969, Prajogo 1985).

This policy formulated three major objectives of tourist development in Indonesia, which were to:

ƒ enhance foreign exchange and increase the national income, generate employment, and motivate sectors which are prioritized for economic development;

ƒ promote and get the most out of the natural and cultural resources of Indonesia; and

ƒ strengthen both national and international harmony. The strong economic focus behind Indonesian tourist development was the fact that the newborn nation needed to balance its budget.

Acting in accordance to this government policy on tourism, a model for Indonesian tourism was examined and the decision to assign Bali the central role was underlined by two studies conducted by Clement in 1958 (contained in the Checchi report), and the Pan American Airway’s report on released in 1966. Both these studies recommended that tourist development should be prioritized in Bali, as the island was internationally re-known (Clement 1961, Pan American Airways 1966). The national government’s decision regarding this matter was made

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Chapter 4 Land Use Conflict and Changes under great pressure from Indonesian interest groups, who feared that the role would strengthen the economic position of the province, and subsequently reinforce and showcase Balinese-Hindu practices to the world. It should also be noted that since Indonesians has always been dominated by Moslems, the majority of the population were not pleased with the decision that the position of a minority group should be enhanced and promoted as representative of the country. Despite this resistance, the national government came to the decision to select Bali as Indonesia’s showcase and model for tourist development in the archipelago. From then on tourism continued to contribute to both national and local economies. c. National policy on tourism

The national policy on tourism is inextricably linked with Indonesian economic development. In the 1970s the Indonesian economy largely relied on its oil revenue. However, a subsequent drop in the oil price in 1982, followed by a further significant fall in 1986 brought about a decelerating impact on the economy. The Government’s reaction to this situation was the deregulation of the Repelita (a five year development plan) by endorsing a policy that was more open towards foreign capital; facilitating private investment; encouraging non-oil exports; and intensively promoting tourism. The last policy was to enhance the existing position of tourism from seventh to third as a contributory source of foreign exchange. In doing so, the government undertook various changes and launched campaigns.

In addition to Bali’s tourism push, as early as 1978 there were a further nine other regions that were developed as tourist destinations. The Indonesian General for Tourism named this program as ‘Bali plus nine’ or ‘Beyond Bali,’ to enlarge the industry and remind tourists that Indonesia is not limited to Bali. In 1981, the government launched a campaign memasyarakatkan pariwisata and mempariwisatakan masyarakat (socializing tourism and touristification of the society), which encouraged Indonesians to treat tourism as a means for development, and to be tourists in their own country. In 1983, the Department of Tourism, Post, and Telecommunications, was created to take care of issues relating to tourist development. In 1986, international tourists were officially allowed to land at Bali’s Ngurah Rai Airport without first having to disembarking in Jakarta.

In preparing and welcoming the tourist promotional launches of ‘Visit Indonesia Year in 1991,’ ‘Visit Asean Year in 1992,’ ‘the Year of the Environment in 1993,’ and ‘the Visit Indonesia Decade from 1993-2000,’ the Department of Tourism also continued its campaign on sadar wisata (tourism awareness) launched since 1989. This campaign aimed at making Indonesians aware of the benefits of tourism, and encouraged them to serve tourists with the sapta pesona or seven charms of peacefulness, orderliness, cleanliness, verdancy, beauty, hospitality, and happy memories. All provinces were encouraged to search for natural sites and cultural uniqueness to attract tourists, to become tourist trademarks of the province. By 1993, all Indonesian provinces

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Chapter 4 Land Use Conflict and Changes were treated as tourist destinations and the number of tourists visiting Indonesia, and especially Bali, increased. However, it was not until the intensifying violence surrounding the ’s regime and the horrific terrorist attack referred to as the Bali bombing on 12 October 2002 that tourism ground to less than half its prior level, the economy crashed and the elimination of an over dependency on tourism became apparent.

Given the lack of capacity in the provision of physical infrastructure, tourist amenities in general, strategic tourism policies, and qualified human resources to manage the industry, many doubts were raised in the minds of foreign analysts. Critically, Indonesia had not enough high-class hotel rooms outside Bali, and to a lesser extent in Jakarta. Nevertheless, Indonesia was not ready to accommodate such an increase in the number of tourists (Picard, 1996). d. Master plan for Bali’s tourist development

It was the view of the Indonesian government that as a model for tourist development in Indonesia, a master plan for Bali’s tourism should be established. Development of this master plan commenced in March 1969, when the World Bank and Indonesian government jointly decided to assign a French firm the Societē Centrale pour l’Ēquipement Touristique Ǒutre-Mer (SCETO), to tender for formulating the plan. Financial assistance for this project was provided by the United Nations Development Program (UNDP). The master plan was completed in April 1971, but was not implemented until December 1973, until it was ratified by the Provincial Assembly.

SCETO’s master plan was based on an economic and market study, which forecasted that Bali’s tourist industry would require 9,500 rooms to accommodate 734,000 tourists by 1985, and that 70% of these hotel rooms were to be located in the Nusa Dua area, chosen as the centre for tourist development. The remainder of the 30% of hotel rooms were to be provided by existing hotels located in Kuta, Sanur, Ubud and any future hotels that might be built across the island. Stopovers were also to be built on strategic sites to first provide places for tourists to break their journey as they wished, but also to allow these tourists to experience and enjoy local people and their culture. The decision to isolate tourist development to Nusa Dua was considered by SCETO to be desirable so as to prevent the widespread negative impacts by tourism on local culture. Despite this, such impacts have subsequently been felt over the entire island.

According to SCETO, Nusa Dua with its 425-hectare site was the best region to fulfil the criteria for Bali’s new tourist development centre. The underlying reasons for this choice were due to Nusa Dua’s position, combined with its white sandy beaches situated at the southern peninsula of Bali, a prominent site for tourists, its proximity to Kuta and Sanur, two major coastal tourist destinations, and the Ngurah Rai airport. This area was also lacking in fertile agricultural land, and SCETO’s development plan was centred on the fact that this would not upset local people. The area was

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Chapter 4 Land Use Conflict and Changes planned to be divided into 12 lots to be leased to private hotel investors, but ironically, all of these recently constructed hotels and tourist amenities are not only privately owned but are also run by either national or joint venture national and international enterprises.

The plan was to service the area with an express road network that linked Nusa Dua and the airport to all major tourist sites throughout the island, and the construction of a training centre for hotel staff. Relating its plan to Balinese architectural principles, SCETO emphasized the use of traditional building materials with the application of Balinese construction styles, restricting buildings to 15 metres maximum height (not to exceed the tops of coconut palms), and the local population were to be allowed freedom of access to all beaches in the area.

Two main institutions, the Bali Tourist Development Board (BTDB) and the Bali Tourism Development Centre (BTDC) were also created to ensure that these projects would be carried out in conformity with the proposed guidelines set out by SCETO. Foreign experts were engaged to train and assist the officials of both these institutions and the various Balinese specialists, through provision of relevant knowledge. The International Development Association loaned Indonesia US$ 16 million of the estimated US$ 36.1 million budgeted for this project. The Indonesian government and private investment provided the balance.

The master plan focussed on physical development – infrastructure, tourist amenities, supporting institutions etc.– aimed at enhancing the economic gains made by the tourist industry. However it failed to outline how the Balinese could benefit equally from this tourist development scheme, and did not address how the Balinese were to deal with issues surrounding cultural tourism and its negative consequences. Methods anticipating negative cultural impacts were not identified, and SCETO failed to engage or consult with local experts, local authority or the desa adat institution.

Bali’s economy could not support such a huge project and had to undertake joint partners with foreign and private Indonesian investors. Combined with the lucrative image and strategic business position of the project with Nusa Dua fronting as SCETO’s central site for luxurious five star hotels owned and run by big private enterprise, the project also set a precedent for private investment as the foundation for Bali’s tourist development. This led to the absence of sustainable tourist development, and total dependency on privately invested capital. This dependency was tested with the impact of the 1998 Asian economic crisis. In the time that has elapsed since this event, private enterprise is still hesitant to reinvest capital, although previously they were not slow to extract profits.

Figure 4.1 exhibits the dominant position of private investment over government budget allocations for Bali in general. Unfortunately, there is no specific data on investment in tourism. However, as Bali’s economy is spearheaded by tourism, it can be assumed that Figure 4.1 is, to a large extent,

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Chapter 4 Land Use Conflict and Changes representative of invested capital in the tourist industry. During the period between 1994/1995 and 1998/1999, the total capital invested for development in Bali was 10,911.21 billion Indonesian Rupiahs (AU$ 1.628 billion) (Planning & Development Board Bali 2000). The Indonesian government’s contribution was only 24.33% of the total investment, with the remaining 75.67% made available by the private sector. This government support is basically allocated from the APBN or national budget comprising of 51.22%, the Dana Inpres or budget allocation based on Presidential instructions consisting of 20.76%, and APBD or local budget making up the remaining 28.02%.

3000

) 2,554.44

2500 2,174.06 2,240.68 1,952 1,997.28 1,989.41 2000 1,742.57 1,580.66 1,642.95 1500 1,292.94

1000 696.47 557.16 597.73 371.31 431.49 500 Investment (in billion Rupiahs Investment (in billion

0 1994/1995 1995/1996 1996/1997 1997/1998 1998/1999 Year

Government Private sector Investment for development in Bali

Figure 4.1 Investment for development in Bali Source: (Planning &Development Board of Bali 2000)

The composition of investment presented in Figure 4.1 reflects the distribution of economic benefits derived from tourism. An explanation of the economic contribution to Bali by the tourist industry is presented in the following section. e. Economic contribution by the tourist industry

Following a promotion campaign in 1991, ‘Visit Indonesian Year’, and the inauguration of the Bali’s Ngurah Rai International Airport, the number of tourists visiting Bali steadily increased. According to data produced by Bali’s Development & Planning Board (2000), this consisted mainly of international tourists arriving on direct flights to Bali, rising at a yearly average of 13%. This statistic however was not representative of domestic and international tourists arriving by other means i.e. domestic flights, cruise-ships, cars, and buses. Nevertheless, prior to the 2002 Bali bombing, on an average, the island was visited by more than 2 million tourists a year (Son 5 March 2003). Bali also accounted for 40% of Indonesia’s total earnings of more than US$ 5 billion in revenue raised from tourism. While there is no data found on number of domestic tourists visiting Bali, Figure 4.2 represents the number of tourists arriving at the Ngurah Rai international airport.

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Chapter 4 Land Use Conflict and Changes One can also attribute the significant fall in the number of international tourists visiting Bali between 2002–2003, as the primary result of the 2002 terrorist atrocity. This number was further affected by the 2003 SARS epidemic that not only affected tourists travelling to Bali, but also caused panic and negative attitudes by travellers, tourism and national economies worldwide.

1,600,000 1,412,839 1, 3 55, 8 4 7 1,356,774 1, 2 8 5, 8 4 4 1,400,000 1, 2 3 1, 52 1 1, 18 7, 153 1,140,988 1,200,000 1,032,476 1,015,314 993,029 1,000,000

800,000

600,000 400,000 200,000 0 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003

Figure 4.2 Number of tourists arriving at Bali’s Ngurah Rai international airport Sources: (Development & Planning Board Bali 1999, Pitana 30 July 2004)

While the above data can be taken as an indication of tourist arrivals, it is difficult to extrapolate the economic contribution from tourism to the Balinese economy. Prominent activities that have been responsible for contributing to tourist-based revenues, such as increasing the number of hotels, travel agencies, art shops, and handicraft – exports, that all indirectly link to the creation of jobs and economic opportunities, are not recorded. Again there is no reliable data that can represent this increase in job opportunities. As an illustration, the UNDP estimates that in 1989, there were 310,000 people employed in tourism related activities (Hassall and Associates 1992:67). This increase can also be measured from the increasing number of hotels and travel agencies. The Development and Planning Board (1995, 2000) recorded that the number of hotel rooms (this includes those available in budget and luxury hotels, home-stays, and tourist-hostels) rose from 27,511 rooms in 1994, to 61,362, in 1999. Likewise, the number of travel agencies increased from 138 to 237. Receipts from tourism and export of goods within the period of 1970-1994 also increased, as exhibited in Table 4.1. No data for both of these sectors can be found for the year 1995 onwards.

Following from this is the question as to whether or not these economic contributions are distributed evenly across the island? As happens in most developing countries, grants in aid towards development are normally not equitably distributed. They are primarily concentrated in certain areas, and monopolized by certain groups, i.e. private investors and groups involved in the tourist industry.

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Chapter 4 Land Use Conflict and Changes

1970 1975 1980 1985 1990 1991 1992 1993 1994

Tourism 1.13 21.86 82.63 98.11 458.84 546.34 744.43 1,049.67 1,221.87 receipts

Export of 3.94 7.18 17.03 42.03 190.80 225.12 239.36 264.42 295.56 goods:

Handicrafts 0.06 0.29 2.25 5.71 35.32 42.84 54.22 59.68 82.08

Clothing - - 1.83 15.81 114.90 138.07 139.15 140.78 145.23

Table 4.1 Receipts from tourists and export of goods (in million US dollars) Source: (Statistics Office Bali 1995, 2000)

In the case of Bali, tourist development is concentrated in two districts, Badung and Denpasar, creating an economic imbalance. The Badung and Denpasar districts have been urged to distribute 30% of their development budget to other areas on the island, as this budget accounts for 50% of all the districts in Bali. Because of this internal discrepancy, the gap between those with access to the economic benefits of tourism, and those who do not, has also become more apparent. While this uneven economic situation is widely experienced throughout the island, the development of the home or cottage industry to fulfil the demands for Balinese handicrafts has still provided people residing outside the city limits with work, and partially discouraged them from moving into urban areas such as Denpasar, Kuta, Sanur, and Nusa Dua. This is especially true of the Gianyar district, one of the centres for Balinese artwork, handicrafts, and artists.

4.1.2 Internal economic-migration

Having played a major role in improving the economy, the tourist industry in Bali has inevitably contributed to regional migration. Consequently, because of Bali’s inability to supply enough trained labour for rapid tourist developments, the need has arisen to import labour from other labour markets, such as Java, Sumatra, Lombok etc. Hence many economic benefits, a by-product of the tourist industry, go to paying the wages of economic migrants. Before exploring the dynamic of internal migration, it is also necessary to demonstrate the characteristics of population distribution in Indonesia, and the extent to which population movement within the nation is controlled. a. Transmigration policy

Historically, over the period of colonization, the Dutch discovered an imbalance in population distribution throughout Indies (the present Indonesia). The Dutch found the most populated islands were Java, Madura and Bali, which have continued up to the present. It was only after 1905 that the Dutch started to address this issue and began population re-distribution, the movement of people from populated to unpopulated areas. It was then realized that there was potentially an over-

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Chapter 4 Land Use Conflict and Changes population problem on the island of Java. (Donner 1987), and by the end of 1940, there were more than 200,000 Javanese resettled under this scheme (Hardjono 1977:19). After independence, this type of internal migration was reinforced, and the first Indonesian President, Sukarno reintroduced it as the transmigration policy.

In implementing the transmigration policy, there were three main aims set in place. Similar to the Dutch concept, transmigration was a method aimed at overcoming an uneven population distribution in Indonesia. It was also a strategy to re-distribute labour resources across the country, a tactic also believed to promote interaction and cultural assimilation between the various ethnic groups within the archipelago, which was expected to enhance national unity. In practice, the transmigration policy was directed at resettling farmers from overpopulated areas such as Java, Madura and Bali to less populated areas such as Sumatra, Borneo, Celebes and West Papua. It was not only meant to evenly distribute the population, but primarily to utilize neglected land reserves.

President Sukarno observed that the problem facing the Indonesian population was not its size, but rather its distribution. He believed that transmigration would overcome the problem, and that an evenly distributed population would directly contribute to the redistribution of growth and development activities. Subsequent studies of the Indonesian population do not support this view (Hugo 1982, 1987, 1991, 1992, 1996). These studies have found that an increasing population growth, and unequal distribution of natural resources have had a significant impact on the standard of living of the population, resulting in low productivity and high unemployment.

In contrast with its aim of promoting national interaction between ethnic groups within the nation, the social impact of the policy was neither considered nor taken seriously, leading to social and cultural polarization that has inevitably emerged among new migrants and the native people. An example of such a problem can be traced to the inter-racial violence that recently occurred between the Madurese who have migrated to the southern part of Borneo, and the local Dayak people – the natives of the region – (Kompas Online, 20 Nov 2000). This is not to overlook the fact that many transmigrants have successfully established relationships with the local people from their destination areas, such as transmigrants from the Nagari district on the island of Celebes, Jambi and Bengkulu, etc. However, the seriousness of the conflicts experienced by the Dayak and the Maduranese and many other similar incidents have finally resulted in government action to review its policy on transmigration as a whole.

With migrants and local people residing in a common area with dissimilar cultural values inevitably cause the social polarization mentioned above. A stalemate then occurs when migrants remain loyal to their own values and way of life with the expectation for locals to interact and assimilate with them. There are two possible patterns of interaction in this case, for migrants to accommodate local culture and assimilate, or to force their culture onto the local people by creating

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Chapter 4 Land Use Conflict and Changes a new settlement resembling their environments of origin, e.g. Kampung Madura located at the southern section of Borneo, Kampung Bali at Nagari, located in central Celebes. Inter-racial problems seem to occur when these new migrants dominate in particular areas of social life, as in existing building codes, politics, economics or religion. When this happens, it frequently fuels native resentment and hatred. Such social problems were never anticipated prior to the inception of the transmigration policy. Having undergone this devastating social experience with the support of Hugo’s studies, the national government finally decided to disengage the in 2001.

Some 16,304 Balinese families during the period from 1979 to 1984 (Indonesian Ministry of Transmigration 1984, Kebschull 1986, Caldwell 1997), and 8991 families from 1991 to 1999 (Development Planning Board Bali 1995, 2000) were shifted to various outlying islands as part of this transmigration Policy. There is no statistical data available on other relocations. The irony facing Bali was that while the number of re-located Balinese increased, the incoming flow of migrants for work from other provinces into the island rose in proportion. The situation relating to economic migrants, as well as imported labour brought in to support development of the tourist industry, continues to keep Bali in a position as one of Indonesia’s most overpopulated islands. Not only this, but the policy had the effect of further weakening the solidarity and homogeneity of local society. The importance of this situation cannot be overstated. Rather than educate local Balinese to fulfil local employment need, thus enhancing and strengthening the homogeneity of Balinese culture the opposite was actually promoted by government policy. b. National-economic migrants to Bali and tourism

The number of internal economic migrants to Bali has continued to increase and this has been progressively felt since the 1998 economic crisis. Before the horrific 2002 terrorist bombing, Bali was regarded as a safe place for either permanent or temporary stay. Political riots that were frequent occurrences in other parts of Indonesia were unheard of, and the same can be said for instances of social conflict involving different religions; and its people lived side by side in harmony respecting each other. International tourists were arriving in large numbers to Bali and this kept the economy buoyant. Unfortunately, it also attracted a large number of regional migrants, who were facing economic hardship with crises in their areas of origin. Most of these migrants came from Java, the island closest to Bali. The case at hand is representative of Ravenstein’s (1889) theory of migration, which indicates the choice of destination as regulated by distance. People tend to move to the closest destination from their origins.

There are no on-going statistical data on this rate of migration from neighbouring islands, except that for the year 2000, when Bali was inundated by 184,182 internal migrants (http://www.denpasar.go.id, 28 July 2004), equivalent to almost 10% of its population. The reason

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Chapter 4 Land Use Conflict and Changes for a lack of data is due to the fact that most migrants do not report their arrival to the local authorities, combined with poor law enforcement and an inadequate system to enforce this recording mechanism as a compulsory procedure. Based on personal observations and as a result of the interviews conducted in the villages of Kuta (Badung district), Ubud (Gianyar district), Bedulu (Gianyar district), Peliatan (Gianyar district), Payangan (Gianyar district), and Pejeng (Gianyar district), Tenganan (Karangasem district), it is the overwhelming general consensus that the number of migrants has significantly increased over time.

There are big pull factors that contribute to the large numbers of economic migrants to Bali. First, in line with Ravenstein’s theory of migration (1885, 1889) the economic success of tourist development attracts economic migrants from other provinces where employment opportunities are low, i.e. Java, Lombok, Batak. Indonesian diversity in its geography and resource base, together with the concentration of development in particular cities/provinces, such as Aceh for its natural gas, Jambi, and Borneo for its oil, West Papua for its ore and oil, Jakarta for its services and industries, Surabaya for its trade and industries, and Bali for its tourism, has encouraged an imbalanced level of development across the archipelago, leading to the migration of people from lesser-developed to more developed areas, i.e. movement from other areas of Indonesia to a seemingly lucrative province, such as Bali.

To facilitate the growing tourist industry, there was a need to import labour that Bali did not have, leading to a situation where people with specific expertise in tourism, construction, professional skills, etc. were imported from a broader labour market in Indonesia. While these pull factors are crucial, the push factors are less important. The latter was the result of increased unemployment rates in the other provinces after the 1998 economic crisis, acceleration in mobility with growth in transport, communication and the expansion of trade and industry, and the national government not yet instigating the regulation/policy that controlled this internal migration. This has made internal migration an easy if uncontrolled practice across the nation.

Examining these pull and push factors (Papastergiadis 2000, Lee 1966), the question that one has to ask is that if there was no tourist industry in Bali, would the island be such a lucrative destination as it has been for migrants? The answer to this question is obviously ‘no’ (Pitana, 30 July 2004). There are no potential natural resources that can be mined and exploited to generate more employment opportunities in Bali. Therefore, the contention in this thesis is that the major pull factor in Bali’s migration is the tourist industry. Bali's neighbouring island of Lombok experiences a similar situation as the flow of economic migrants to this island did not start till the early 1990s, when the tourist industry commenced there.

While it would appear sensible that imported labour should meet the criteria of some skill which contributes to tourism, unskilled and unplanned non-essential labour continues to flow in without

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Chapter 4 Land Use Conflict and Changes adequate controls. While Bali is already a densely populated area, the added burden of these migrants has brought about physical and social obstacles that further add to the complexity of problems which the island has to deal with. The economic and social impacts of having an excessive number of migrants has been seriously felt since the 2002 bombing, with a decrease in the number of tourists corresponding with a rise in unemployment and crime (Kuta, Ubud, and Tenganan Focus Groups).

In 1971, when Bali’s mass tourism had just begun, it had a population of 2,120,322 people. Its annual population growth rate was 1.5 %. And its population density was 376 people per square kilometre. In the same year, Indonesia’s population was 119,208,229 people with a growth rate of 2.3 % (Jones and Hull 1997). This figure made Bali one of the most populated islands in the archipelago after Java and Madura. In 1995, Bali’s population grew to 2,828,026 people with an annual growth rate of 0.8 % (Statistical Board of Bali Province 2000), giving a population density of 502 persons per square kilometre. The latest population census (2003) shows Bali’s population reaching 3,054,201 people – an average of 542 people per square kilometre. It should be noted that these population figures exclude tourists and unregistered economic migrants from the neighbouring islands. In other words, approximately a 10 % population increase in the 8 years to date. Since Bali is already densely populated, and has limits on building heights, any continuation of this trend to higher densities will spell disaster for the island.

This illustrates that tourism has provided Bali’s development with an over-lucrative image. The economic success of the tourist industry has provided an open invitation to internal migrants in search for work. While these two types of migration have progressed, Bali’s tourist development scheme has not been adequately equipped with appropriate regulatory means. Consequently, the excessive mobility of population from other provinces for economic purposes has been largely out of control. How this migration has continued to configure Bali’s development and land use will be explored in the following section.

4.2 Development and land use in Bali 4.2.1 National development plan for Bali

As previously mentioned, development in Bali has been carried out as part of a national development program, which was regulated within a five-year development plan called the Repelita (Rencana Pembangunan Lima Tahun). The development plan at both local levels II and I is referred to as the Repelitada (Rencana pembangunan Lima Tahun Daerah). The first part of the plan was set up for the period from 1969 to 1974 and Bali is presently in its seventh phase of this plan: 1999-2004. Together with the Indonesian GBHN (Garis-Garis Besar Haluan Negara= General Outlines for the Nation), which was regulated at the same time frame as the Repelita, the

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Chapter 4 Land Use Conflict and Changes Indonesian national government conceived Balinese development to be imbued with a deep cultural perspective. This is consistent with Bali’s role as the centre of the tourist industry, which is generated from its unique cultural resources (Picard 1996, Mudana 1999).

More precisely, development in Bali focuses on three main sectors. The first is the agricultural sector, which is the basic system of subsistence for Balinese society. The second is the tourist industry, where development is imposed by the national government. And the third sector comprises a small, home-based industrial sector, whose existence is founded on a support role for the first two sectors of agriculture and tourism. In line with the government plan, the tourist industry has shown a significant growth in comparison to the other two industries. Many scholars argue that the tourist industry is not merely a leading economic sector; it is also thought to be the main force of socio-cultural and environmental change (Noronha 1979, McTaggart 1980, Vickers 1989, Zein 1991, Mitchell 1995, Picard 1996).

The changes in Bali show a sequential pattern of development found in most small islands – Bali is about 5633 km2 in size. It has moved from a natural resource-based system of subsistence through the agricultural sector (primary sector), into the less resource-dependant activities of cultural tourism (tertiary sector). Economic development in such a small area as Bali has a tendency to be less diversified and more specialized than other economies (Beller et al. 1990, Kakazu 1994, Fuavao 1995). However, by concentrating Bali’s economy on cultural tourism, development was placed in a vulnerable position, as culture itself is a fragile resource: vulnerable to global, national and local change. Unless cultural practices and forms are sustained, the economy and development will collapse. The next section demonstrates how development changes the way territory is modified and utilized to fulfil the demands on such resources by various development sectors.

4.2.2 Development and land use in Bali

Rapid development in Bali has brought about increasing and varied demands for space. Progress made by the three major development sectors: tourism, home industries, and the agricultural sector, have directly impacted on how the Balinese landscape is used. As tourism has led the way in Bali’s economy, the industry has required more space for tourist amenities. This demand coincides with the rising need for land to facilitate the intensification of Bali’s home industries with both internal markets and exports for Balinese handicrafts gradually increasing. Unlike these two sectors, and as Bali’s economic structure moves from primary into tertiary, agriculture becomes the least favoured activity, and therefore it does not command as much of an economic bargaining position as the other two sectors. On an average, over 1000 hectares of wet cultivated land (carik) and dried cultivated land (tegalan = upland) have been converted to fulfil the growing demands for development annually (Pitana 1999a).

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Chapter 4 Land Use Conflict and Changes While the above condition is critical, there are further determining factors that continue to affect land utilization in Bali. Starting with the increasing need for settlement, where apart from natural population growth rate of 0.8 % per annum, the rising need for housing is due to the previously discussed uncontrolled flow of internal-migrants to the island. This increasing contribution from both sectors demands large-scale land for settlement. Since construction is restricted to buildings of less than 15 metres, this issue becomes even more critical. The building of high-rise apartments to solve the problem is therefore out of the question, despite the increasing need for physical and social infrastructures, such as road networks, government offices, schools, and community buildings. The intensification of commercial activities that escalates the development of shopping centres, shops, food outlets etc. across the island, is another challenge facing the authorities, combined with a mounting concern to protect nature for liveability, environmental protection, and tourism.

There is no specific statistical data that represents change in land utilization for each development sector in Bali, except for those represented in Figure 4.3 and Table 4.3. Figure 4.3 shows a trend in land use change in Bali between the years 1994-2000, which is further detailed in numerical data provided in Table 4.2.

140,000.00

120,000.00

100,000.00

80,000.00

60,000.00

Land in hectaresLand in 40,000.00

20,000.00

0.00 123456789101112

Land used for

1994 2000

Figure 4.3 Land use changes in Bali, from 1994-2000 Source: (Bali in Figures 1994, 2000)

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Chapter 4 Land Use Conflict and Changes

Land used for 1994 2000

1 Wet cultivation farming (carik) 89,655.07 86,082.00 2 Housing area 38,993.24 41,341.00 3 Drycultivationfarming 125,711.44 127,691.00 (tegalan) 4 Grassland 2.00 5 Swamp 29.00 28.00 6 Marine fish ponds 1,060.50 707.00 7 Fresh water fish ponds 133.10 151.00 8 Temporary fallow land 670.50 371.00 9 Forest 11,970.00 12,590.00 10 Forest Reserve 126,719.60 126,175.00 11 State crops 130,052.00 127,825.00 12 Other 38,835.55 39,025.00 Total 563,286.00 563,286.00

Table 4.2 Land use changes in Bali, from 1994-2000 Source: (Bali in Figures 1994, 2000)

From the data presented above, it can be seen that between the years 1994 and 2000, the largest conversion of land use affected wet cultivated land in comparison to other activities. There were 3.573 hectares of carik converted to cater to the needs of the other sectors, which was a 4% drop from the year 1994. This percentage obviously does not cover agricultural losses before 1994 and after the year 2000. Parallel to this, losses on a lesser scale also affected land meant for the cultivation of state crops, forest reserves, fallow land, land for marine fishponds, and swamp areas. It is interesting to note that the high level of conversion of land used for marine fishponds is predictable because tourist related development places a high preference on coastal areas. The conversion of mangrove swamp areas along Bali’s eastern coastal areas is also unsurpassed, as they are mainly situated in proximity to the major tourist centre of Sanur.

In contrast to the trend in land for agricultural use, there was a significant increase in land catering for housing (2,348.24 hectares) in comparison to the other sectors. This includes land for tourist accommodation, and settlements to accommodate the increasing number of internal-migrants. A further marked increase was that of land used for physical and social infrastructure, commercial use, government offices, community space, and public buildings, which rose by 189.45 hectares. These sectors are classified in Figure 4.3 and Table 4.3.

It is unfortunate that there is no recorded statistical data which presents changes in land used for cultural practices, and thus to observe how development has brought about impacts on Adat land. Various circumstances pertaining to this matter will be further demonstrated in Chapter 5, including specific case studies relating to Kuta, Ubud and Tenganan exploring land use changes to adat land.

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Chapter 4 Land Use Conflict and Changes 4.3 Development and control systems

This section concentrates on spatial development and its control systems, starting with the Indonesian general policy in spatial planning, and the variance between sectors.

4.3.1 National policy in spatial planning and local government

Regarding spatial planning, the first law enforced is National Law No. 24/1992, implemented at a national, provincial and district level. Prior to this law, the Regulations of the Indonesian Ministry of Home Affairs No. 2/1987 had been established to guide the formulation of city plans. Far before the instigation of planning law and spatial regulation, the BRAP’60 had reflected on this matter in Article 14: ……The Government in the framework of Indonesian Socialism, shall draw up a general plan concerning reservation, appropriation and use of the earth, water and air space and the natural riches contained therein: a. For the needs of the state b. For religious and other sacred needs in line with the principle of the belief in the one and only God c. For the needs of centres of livelihood, as social, cultural and other branches of welfare d. For the needs of developing agricultural production, cattle breeding and fisheries and other similar undertakings e. For the needs of developing industries, transmigration and mining

Article 2 of the BRAP further outlines that both the local and national governments are authorized to exercise the utilization of national resources such as land, water and air. The implications of this concept is to pass the responsibility to local government to develop a spatial plan – master plan – for its own territories, one which should focus on providing guidance on land utilization for development activities. In practice however, the national government controls the whole process. The only area that the local government can participate in is to provide technical assistance to the central government in the process of developing a master plan for its own region. In fact, there are no specific local government boards assigned to complement state sponsored development plans.

The division in authority between central and local government is well illustrated by the Regulations of the Minister of Home Affairs No. 2/1987, although the regulation focuses more on providing a spatial plan for cities. It regulates neither the national nor provincial spatial arrangements. Article 12 of the regulation re-emphasizes that the local government has to take responsibility for the design and implementation of the spatial plan for its region. However, both the finance and the technical staff involved in the process are classified as expenses of the local budget.

In executing this task, local government is first required to coordinate with the related assigned national government boards at a local level, and secondly to always take the GBHN into account,

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Chapter 4 Land Use Conflict and Changes as well as the Repelita and the Pola dasar Pembangunan Daerah (Local Development Guidelines). The reason for this is to align local plans with national plans, and to synchronize local goals to national agendas. Its final objective is to maintain the unity of the nation, and most importantly, to mediate the diversity that exists within the nation.

The Regulations of the Ministry of Home Affairs No. 2/1987 also introduced terms that had not existed previously, which were later widely used in the context of Indonesian spatial planning for cities. This spatial planning introduced as Rencana Tata Ruang, defines the utilization and conservation of the resources of land, water and air. Its general definition led to the creation of three other terms concerning the city spatial plans, which are developed in a hierarchical order. The Rencana Umum Tata Ruang Kota (RUTRK), which may be described as a general plan for the utilization of city space for development activities, the Rencana Detail Tata Ruang Kota (RDTRK), is defined as a detailed plan for the utilization of city space to set particular locations for all individual city programs and the Rencana Teknik Ruang Kota (RTRK), a technical plan meant for the implementation of the rencana detail tata ruang kota for a city.

Although the local authority has been represented as the nominated body having a leading role in the development of a spatial plan for a city, the actual control and superior role of the central government over the local government will never change. Article 26 of the Regulations of the Minister of Home Affairs No.2/1987, states that the RUTRK, RDTRK and RTRK are specified by the Peraturan Daerah (Perda= Local Regulations). This means in theory that the local people will be given the opportunity to be heard in the process of developing the spatial plan. The Perda is a product of the DPRD (Local House of Representatives). Unfortunately, this Article is circumvented by Articles 28 and 29 of the same regulation that clearly indicates that the spatial plans are subject to approval by the Minister of Home Affairs, especially that of a capital city, and that the governors only approve spatial plans for other smaller cities. In practice, therefore, local people are not represented.

The Indonesian Law No. 24/1992 further defines the general terminologies that are commonly used in context with the spatial planning process in Indonesia. Figure 4.4 describes a breakdown of the spatial planning structure as well as a definition of each spatial planning process. This law however does not provide a significant contribution to the formulation of spatial plans. A major reason for this is due to the fact that the law does not come with supporting regulations as to how the law should be implemented in practice. So far there are only two major established supporting laws. The first is the Government Regulation No. 69/1996 on citizen’s rights and obligations in spatial planning, and the second is the Government Regulation No. 47/1997 on the national plan. The law seems to re-define spatial planning into basic and general matters. There are no further

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Chapter 4 Land Use Conflict and Changes improvements made in comparison with the guidelines offered by the Regulations of the Minister of Home Affairs No. 2/1987, though this regulation focuses only on plans for city areas.

Ruang (space) is defined as water, land and air where human beings and other creatures are living

Rencana Tata Ruang (Spatial Plan) Is defined as pattern of space utilization

Spatial Plan consists of three major spatial plan executed at three different level of government

National/Central Government Provincial Government District Government

Rencana Tata Ruang Wilayah National Rencana Tata Ruang Wilayah Rencana Tata Ruang Wilayah kabupaten (National Spatial Plan) Propinsi (Spatial Plan for a district) (Provincial Spatial Plan)

Figure 4.4 Spatial planning according to Indonesian Law No. 24/1992 Source: (Provincial Government of Bali 1997)

How these spatial planning strategies presented above apply to Bali, are demonstrated in the following section

4.3.2 Spatial arrangement plan for Bali – Bali’s RTRWP

The national plan for spatial development at a provincial level is called as the Rencana Tata Ruang Wilayah Propinsi (RTRWP – Provincial Spatial Plan). This plan is conceived to synchronize the diverse demands for space at both local levels I and II, and is designed for a projected period of 15 years. This time frame seems to be an extremely long planning period in comparison to the dynamic movement of development activities and requirements for space. This follows the standard pattern of most spatial plans which are unable to keep up with actual development. Though the system allows for revision, the process tends to take much time in reality, due to a top- down Indonesian political and bureaucratic system that makes amendment processes lengthy. Modification of the plan requires approval from the Badan Perencana Pembangunan Nasional (Bapenas/Bappenas – National Development Planning Board) in Jakarta. Figure 4.5 shows the position of Bali’s RTRWP amongst other related national development plans.

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GBHN (National General SNPPTR (National Strategy in Developing Spatial Guidelines ) Pattern and Natioanl Spatial Plan Repelita (Five Year Development Basic Pattern of Plan) Development at the Spatial Arrangement Plan for Bali Province, (Local Provincial Level (Local level I): Level I) Repelitada - Placing conservation area on a firm basis (Local Five Year - Guidelines for development of the built up area Development Plan) - Pattern for development of settlement area/cities - Pattern for development of infrastructures - Guidelines for development of prioritised area

Spatial Plan at RUTRK/RDTRK/RTK District Level of particular area

Figure 4.5 RTRWP of Bali amongst other national development plans Source: (Provincial Government of Bali 1997)

The importance of the RTRWP to the province of Bali can be explained as follows:

ƒ a spatial dimension of the pola dasar pembangunan di tingkat Provinsi – basic pattern for spatial development at local level I and II.

ƒ a main reference for the next Repelitada.

ƒ a main reference for each department and non-department agency in developing their five yearly annual plans.

ƒ a main policy on space utilization.

ƒ a main reference to develop spatial arrangement plans at a district level; RDTRK; and RTK/RTRK.

ƒ a means for synchronizing all levels of development between various areas in the province of Bali.

ƒ and to draw a clear direction for Bali’s investment scheme.

In accomplishing the above roles, Bali’s RTRWP has been conceived as the spatial implementation of the basic pattern of development at a provincial level and Repelitada. Figure 4.6 outlines the relationship between the RTRWP and local development, spatial development obstacles, and spatial development strategies in general, at both a province and district level.

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- Basic pattern of Development at the Provincial level. - Five year development plan

Obstacles of spatial development in Bali Local development objectives in Bali

Obstacles related structure of spatial Local development policies in Bali Conceptual approaches in spatial arrangement Development General: Concept of spatial development at Between-district: - Provincial development being part of macro level: - Physical pressure on the arterial line national spatial development of the - Placing intra-district relationshipin - Space limitation middle part of Indonesia in a firm basis - Equal development distribution at the - Development of areas that are passed Intra-district: districts level by arterial line, and areas that are - Unequal development level between rapidly developed areas in a district Specific: - Undeveloped area - Development of local potential sectors Concept of spatial development at - Overlaping space utilization in - Human Resources development micro level conservation and used areas - Demographical policies - Space utilization pattern for con- - Phisical supporting capacity of the - To increase development distribution servation areas to limit development area - To alleviate poverty - Space utilization pattern for used - Threats to cultural conservation - Developing physical and economic areas - Demography infrastructures - Development pattern of cities - Utilization of natural resources and - A synchronized pattern of infra- environmental conservation structure development and its net - Development of potential areas

Spatial Development Strategy at the provincial level

Spatial arrangement at a macro level: - Placing cities that have role as centres of local developmnet in a firm basis - To increase accessibility between one district to the others Spatial Arrangement at a micro level: - Placing conservation area in a firm basis - Development of used areas - Development of cities - Development of local infrastuctures - Development of local development priorities

Spatial Arrangemnet at the provincial level Supporting policies for spatial arrangement * Placing conservaion areas in a firm basis - Spatial related policies * Guidances for development on used area: - Non-spatial related policies - Areas for producion forest - Areas for agriculture - Areas for tourism Development program - Areas for industry - Areas for settlement - Sectoral development program * Development pattern of cities - Development program for prioritised areas - Hierarchy - Function * Development Pattern of the local Mechanism of spatial arrangement management at infrastructures provincial level - Transportation system - Irrigation system - Monitoring space utilization - Infrastrucure related telecomunication system and energy - Directing space utilization - System infrastructure related clean water - Rearranging spatial arrangemnet at * Guidelines for development in prioritised areas provincial level

Figure 4.6 Bali’s RTRWP: obstacles, strategies, and its relationship with Bali’s development in general Source: (Provincial Government of Bali 1997)

Regarding the RTRWP, this spatial arrangement involves plans for mainland areas, coastal fringes and surrounding shoreline and seas. The spatial plan is defined as a zoning process that legislates

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Chapter 4 Land Use Conflict and Changes the use of available space, and to manage space utilization. Based on the best use of available resources and existing functions within certain areas, the RTRWP classifies these areas into two main groups/zones:

ƒ Kawasan lindung (conservation areas/zones) which is defined as protected areas, and aimed at conserving the environment, both natural and manmade environments.

ƒ Kawasan budidaya (used/cultivated areas/zones) which is established as used or cultivated areas in accordance to the area’s natural capacity, and its available human and manmade resources. This zone includes areas for the production of forest, agriculture, tourism, industry/trade, and settlement.

The major constraint facing this spatial policy planning is that the government has not provided and promoted its supporting policies or regulations for guiding the implementation of the plan. Neither has it provided further details of areas that can be classified as kawasan lindung or kawasan budidaya. The condition attached to each kawasan before development begins has also been omitted. Unfortunately even if these regulations were formulated, the related information is mainly available only to assigned bureaucrats. The situation is worsened by a breakdown in communication between the government’s departments/boards. Certain departments are not being informed about policies implemented by other government boards, including that of policies in conjunction with issues on spatial zoning.

An example of this can be seen when one department releases regulations which overlap with other regulations developed by a different department. This loophole provides the opportunity for government bureaucrats and other interested parties to interpret the plan in a way that suits their individual interests. Some parties can therefore have their requirements met more easily, mainly those with strong connections to government bureaucrats. Hence the plan becomes ‘flexible’ in promoting private-sector interests over those of local people.

There is also a tendency for kawasan lindung to be easily converted into kawasan budidaya to fulfil particular development purposes. This practice is again made possible for two major reasons. The intentional conversion mainly for monetary reasons, and the manipulating of a situation due to an absence of detailed guidelines for each zone. This situation does not reinforce the government technocrats’ position in putting forward an opposing case, since they are not knowledgeable of the specifications of these zones and the conversion of the kawasan lindung as an intended action that is realized as misconduct, but nonetheless is allowed to occur. This deliberate mismanagement in fact supports the government in generating revenue in, or in extending remuneration from corrupt practices by select government officers who manipulate spatial plans and processes in supporting their own financial gain. Similar practices are likely to happen more often in the future, if efforts to strictly observe the law and enforce it on a firm basis are not sought by all parties, both government

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Chapter 4 Land Use Conflict and Changes and non-government sectors. The alternative is to view such practices as acceptable behaviour, thus enhancing nepotism and corruption within government.

The RTRWP is subsequently implemented within the Rencana Tata Ruang Wialyah Kota (RTRWK – Spatial Plan for a city/district level). With the fear of not taking the higher provincial plan (RTRWP) into account, and not being clear about the inception of policy at a higher level, a situation is created where formulating the RTURK is a difficult and time-consuming process and leads to the plan being poorly and slowly adapted at a lower level. The plan thus becomes a bureaucratic-friendly, but not a people-friendly tool. Like the enforcement of the RTRWP, neither the government bureaucrats nor community members are fully aware of the spatial arrangements applied within their areas. Major cities often have the opportunity to get their RTURK before the rural areas. Some villages have not even heard or realized the implications of these planning strategies. In the case of Bali, where tourist development has been dispersed to outer city areas, this situation has led to a chaotic approach and the inefficient use of space. Detailed cases relating to Bali’s uncontrolled land use are presented in Chapter 5

The design, development, and implementation of these spatial plans at local level I and II are the responsibility of the government bodies presented in the next section.

4.3.3 Institutions for spatial development control in Bali

DEPARTMENTS

BPD DPRD (PROVINCIAL GOVERNOR (PEOPLE'S DEVELOPMENT REPRESENTATIVE) BANK)

KANWIL BP-7 (Regional Offices of ITWILPRROP BKPMD (Pancasila Idioloy SETWILDA BAPPEDA Central (Provincial (Regional Investment Dessimination Board) (Provincial (Provincial Planning Government Inspectorate Board) Secretariate) Board SECRETARIATE OF DPRD

DIREKTORAT DIREKTORAT DIKLAT Tk I SOSPOL BANDES MAWIL HANSIP (Provincial Training and PROVINCIAL REGIONAL PROVINCIAL PROVINCIAL DINAS PROVINCIAL DINAS PROVINCIALPROVINCIAL DINAS DINAS (Directorate of Politic (Directorate of Village (Civil Defence Regional Educational Centre) DINAS PROVINCIALIMPLEMENTING DINAS COMPANIES and Scial Affairs Development) Quarter) UNITS

BUPATI/ WALIKOTA

Figure 4.7 Organizational structure of Bali’s provincial government Source: (UNDP 1992)

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Chapter 4 Land Use Conflict and Changes According to national guidelines for development control at local levels, national plans necessarily relate to the institutional system of each province. The National Law No. 5/1974 on The Principles of Regional Government, especially in its Article 90, regulates the organizational structure of the provincial government. The organizational structure of Bali’s provincial government as described in this law is presented in figure 4.7 above. a. Kanwil and Dinas

The two most important technical agencies in the province are the kantor wilayah (Kanwil) and the provincial Dinas. The Kanwil is the provincial representative office for technical ministries. There are certain Kanwils that have their representative at a district level, and others that do not. According to the government structure, they are parts of the central ministry that are financed by the ministry’s budget. Bali has also non-departmental agencies, which are structurally at the same level as the Kanwil, i.e. Bappeda/Bapeda (Development Planning Board at local level) and BPPMD (Local Investment Coordinating Board) and both these agencies hold significant roles in governing the province.

There are three kanwils that exist in Bali, all involved in managing land related matters, preparing development plans and acting as systems of control. The Kanwil, Badan Pertanahan Nasional (BPN – National Land Board/Agency), is in charge of the implementation of the BRAP. The Bapeda that is involved in the process of developing spatial plans in the form of a master plan and the Kanwil Pekerjaan Umum (PU – Kanwil of Public Works), is in charge of the direct control of spatial development related activities.

In order to carry out or implement particular projects or policies in the province of Bali – as well as other provinces, the implementing agency is referred to as the Dinas. The National Law No. 5/1974, the Decision Letter of the Minister of Home Affairs No. 363/1977 on the Guidelines of Establishment, Organizational Structure, and Work Mechanism of the Provincial Dinas, and other lower regulations, such as the Minister’s Instructions, and Governor’s decision, regulates the existence of the Dinas. The naming and requirement of the number of Dinas institutions will depend on each individual province's requirements, as well as the potential development resources available locally. Article 49 of the National Law No. 5/1974 emphasizes that provincial regulations have substantial roles in the establishment, organizational structure, and work mechanism of its Dinas. One Dinas that is directly involved in the process of spatial development control in Bali is the Dinas Pekerjaan Umum (Dinas PU – Dinas for Public Works).

The provincial Dinas is the implementing component of the provincial government, and its main duty is to conduct interior provincial affairs in related fields. In executing its task, the Dinas relies financially on the provincial budget. According to the governmental structure, the Dinas is under

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Chapter 4 Land Use Conflict and Changes the governor, but functionally it is under its own national ministry. Again, this arrangement is designed to allow the national government control over provincial issues.

The roles of the Kanwil and Dinas are not clearly defined. Thus in some cases, it is possible that both these technical agencies in some provinces are headed by one person, who is responsible to both ministries in Jakarta and the governor. Such a situation strengthens the vertical association of these agencies to Jakarta, which inevitably dominates any horizontal association to provincial development. This control is also reinforced by the fact that the government budget allocated for each provincial Kanwil is far beyond the capacity of the provincial government to provide such funds to the Dinas. This assumption may not apply to Bali. Although central government control does exist, the provincial government allocates far more funds to the Dinas than that provided by the national government to the Kanwil, due to the economic success of tourism within the island.

To avoid further local criticism, the national government launched a new Government regulation No. 6/1988 that was intended to narrow the power gap between the Kanwil and Dinas by integrating the Kanwil into the provincial government. This means that the Kanwil had to report to the governor as well as the national ministry. This regulation also allows the governor to reconcile a plan proposed by the Kanwil (on behalf of national ministry) with provincial development focus, and re-align this plan in line with that developed by the Dinas (on behalf of local government). b. Development control institutions and their control systems

In developing a spatial plan for the local level, the National Government’s Regulation No. 14/1987 nominates that the Dinas Pekerjaan Umum – Dinas of Public Works – to be the local government agency in charge of formulating the master plan of a city. In reality however the Bappeda or Development Planning Board at a local level executes this role, which according to the regulations of the Minister of Home Affairs, is an assigned local agency that has the role in coordinating the process of development and planning. This agency has a direct link to report to the Bappenas, but has no function of reporting to the governor. This constitutes a further example of national government intervention over local matters.

The concept of a spatial plan in the Indonesian context is utilized as a major strategy to control development. It is imposed on society by a four-step process before development takes place. The process is introduced as the Sistem Perijinan (Permit System) where in the first instance, four major local government agencies play a part: the governor; the Kanwil BPN (the National Land Agency); the Kanwil Bapeda (Local Development Planning Board); and the Kanwil PU (Kanwil of Public Works). All these authorized agencies are part of local government at a provincial level.

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Chapter 4 Land Use Conflict and Changes Things have however changed since the introduction of the Government Regulations package of October 1993 (Pacto’93), which consists of regulations regarding the nature of both foreign and national investment, and the Presidential Decree No. 97/1993 on land use planning. The authority to issue licenses for development was revoked from the provincial government and transferred to government agencies at a district level: the head of the district; BPN; Bapeda; and Dinas PU.

Figure 4.8 demonstrates the four steps of development control in Indonesia that also applies to the province of Bali. Basically, this development control consists of the requirement that four permits should be acquired before development begins (The Regional Investment Coordinating Board of Bali Province 2000, Faisal 2002). The first of which is the Ijin Prinsip (Principal permit); followed by the Ijin Lokasi (Location Permit); with the third permit the Rencana Tapak (Site Plan); and finally the Ijin Medirikan Bangunan (IMBr – Development Permit).

Activities involving Four kinds of licenses Local Government applicants Required agencies at Level II

Applicants should provide information 1 Head of District where the project is related to type and scale of investment, Ijin Prinsip (Principal Permit) situated. The district head will confirm such as industry, housing, public Acquired from the local government whether the project is/is not in line with buildings, tourist facilities, religious authorities approved by the governor zoning to the referred area buildings, etc.).

2 Ijin Lokasi (Location Permit) National Land Agency/ Board (BPN) at This license grants the right of the the district level, which is named licensee to purchase land required for Kandep BPN development from land owner/s.

3 Site plan should be submitted after Rencana Tapak (Site Plan) Development Planning Board location permit is granted This license is to acknowledge that the (Bappeda) at a district level land required has met with the requirements set by both provincial and district spatial plans

Technical requirements related to project 4 including AMDAL (Analisa Masalah Ijin Mendirikan Bangunan (IMB = Dinas of Public Works (Dinas Dampak Lingkungan = Environmental Development Permit) Pekerjaan Umum) at a district level Impact Assessment) to make sure the This license permits development to development will not impact the begin. environment

D e v e l o p m e n t

Figure 4.8 Development control system in Bali

Figure 4.8 shows that there are two components of local government at a district level involved in controlling development of land: the head of the district and the Dinas PU. The role of the head of a district is to ensure that the proposed development complies with the proper zoning indicated within the master plan and the role of the Dinas PU is to issue development permits when a development proposal is granted. A strategic role within this development process is also

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Chapter 4 Land Use Conflict and Changes performed by two national government agencies, the BPN and the Bapeda. The BPN examines the purchase of the land, and Bapeda examines the utilization and design of the proposed land/site.

Given this system, it is clear that although the national government has delegated the duties regarding development control to district level, the intervention by national government agencies, especially the BPN, still takes place. Hidayat (1999) in his research on decentralized politics in a centralized system views the BPN as a major deterrent for the local government to exercise its authority in performing the RUTRK. In relation to spatial planning, Hidayat also points out that the local government’s authority is regulated only to developing a ‘map’ or sketch related to land utilization, while the authority of utilizing the map is still controlled by the central government through its various agencies. In other words, local government authority is reduced when the RUTRK is put into practice, once again reinforcing the role of central government in maintaining control of all local matters.

The significance of the role played by the BPN within this development control system is so the national government can control the sale of land and therefore the land market. This is because land transactions involve a payment of tax which forms a major source of revenue for national government but not for the local government. By doing this, the national government prevents local governments from being financially resourceful, creating a local government dependency on the financial support injected by the national government which is used as a weapon to maintain and strengthen national leverage and control over its provinces and their development.

While each stage of the development control system is crucial, the second stage involving the BPN and the Ijin Lokasi is the most critical stage, effecting substantial changes to land market practices, land utilization, and development control in general. c. Ijin Lokasi or Location Permit

The Ijin Lokasi (Location Permit – granted by the BPN) strictly stipulates that only one legal entity or person who has/have the right to gain the right over land (ROL) can be the legitimate holder of the Ijin Lokasi, entirely within the boundary indicated in the permit, from whoever the previous ROL holders are. While the BRAP recognizes that various ROL exist, as a common practice, the ROL referred to in this case is usually associated with ownership rights. These ROL holders are only able to transfer or sell these rights of land to those who hold an location permit or Ijin Lokasi. A notary public will not legally recognize the transaction if the deal is done with non-permit holders (Firman 1999).

It is apparent that by this mechanism, the national government promotes monopolistic practices, by encouraging elite groups influence over BPN’s decision in granting permits. This monopoly further

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Chapter 4 Land Use Conflict and Changes endows the permit holder to legalize any necessary actions that can force the existing ROL holders to transfer these rights within a land market. Known cases of intimidation and physical have in the past been the chosen way for convincing ROL holders to relinquish their rights.

Another loophole in the need to secure a location permit is that it provides wealthy investors with an opportunity to propose larger than needed land acquisitions for the intended development. This action is based on future plans to submit the land for sale with the intention of reaping future capital gains from the undeveloped sector. This practice undoubtedly contributes to land speculation and rent seeking practices. When this happens, wealthy investors exert a continuing hold over land, its price and its market. This clearly undermines the government’s influence, as would seem to be the accepted modus operandum.

Apart from this, there are also cases when the ROL holders may not have adequate financial resources to develop the entire site for their new acquisition. When they do develop the remaining land, this then leads to a need for land conversion. This seems ironic, as it is highly unlikely that investors who purchase huge areas of land for re-development maintain its previous use. Some scholars (Lockeretz 1989, Kustiawan 1997) view land conversion as a normal process of urban development in both developing and developed nations. For a small island such as Bali however, activities related to land conversion have been taking place in an uncontrolled manner and on a large scale (see Chapter 5 for case studies). The potential for this to happen is because the assessment system for development introduced by the authorities does not function independently, and is overwhelmed by the collusionary practices between applicants and the state bureaucracies. Furthermore, this development control system has not created an environment of equal opportunity for all concerned parties, but has endorsed a form of oppression through the monopolistic assembly and control of land by wealthy investors.

The first three sections of this chapter have consisted of an explanation of the major facets of development and land use change in Bali: tourism and internal economic migration, land development and the control system for spatial development. On one hand, it is obvious that mass tourist development, internal economic migrants, and the various extended development activities have escalated the demand for land, a fixed and limited resource. On the other hand, the development control system that presently exists is not only expected to be the mediating agent for these escalating needs, but unfortunately has been inadequately detailed, implemented and communicated, limiting major intervention by national government and replacing this with the dominating interests, influence and control of private capital.

While the development of mass tourism has been seen as the leading sector in Bali’s economy, it has also critically challenged the physical capacity of the Balinese landscape and its environment in

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Chapter 4 Land Use Conflict and Changes accommodating the extended activities and needs of tourism. As its control mechanism for development and institutional systems have nurtured and encouraged monopolistic practices in favour of the already wealthy, it has again failed to outline the necessary methods and actions required to embrace the traditional Adat system. There is no single element in development procedure that proposes the compulsory accounting of socially rooted values and their forms of association. Consequent upon the discussion of Balinese territorial forms, practices and the threats facing Balinese culture demonstrated in Chapter 3, the following section will discuss conflicts resulting from the unregulated use of land/territory to support the economic agenda carried within the development plan, its development control and institutional systems, and the ignorance shown in the failure to engage local knowledge and experts at all levels of the process.

4.4 The emergence of conflicts

The generation of conflicts with regard to how land is used in Bali emerges from the differing development attitudes imposed by the national government and those inherent to the Adat system. The imposing or domineering position of national development over the Adat, which originated with the integration of Bali as a province of Indonesia, has become the major underlying source of conflict, specifically including that related to land use. As a continuation of the three previous sections of Chapter 4, these territorial conflicts are divided into two main groups. Conflicts relating to economic objectives contained within tourism and internal economic migration, and conflicts relating to the political agenda contained within development and its control systems. The characteristics of both these groups will be explained accordingly in the next two sections.

4.4.1 Territorial conflicts and economic interests

It was made clear in the first section of this chapter that the rapid development of tourism in Bali has been always driven by two prominent economic practices set in place by the national government, designed mainly to increase state revenues, and to encourage private enterprise for wealth production. In implementing this economic concept, state control over land was first established, private/individual rights over land (ROL) acknowledged, land transfers through the land market as a state imposed mechanism were permitted, and competition in acquiring ROL widely promoted. However, what has been referred to as a quasi-feudal mode of production also prevails.

The Adat system neither recognizes such economic practices nor is it governed by a market- oriented ideology. The system perceives land as a resource whose uses are evenly shared by all members of the community. Private/individual ROL is not recognized, control over the resource is controlled by the krama desa, land markets do not exist, and competition to reserve land for future

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Chapter 4 Land Use Conflict and Changes economic benefit does not happen. This thesis suggests that these contradictory principles of the Adat are perceived as a threat to national economic policy, which in turn necessitates to the marginalization or even the elimination of participation by the Adat in the development of a national economic and spatial plan for Bali. This situation has also been the root cause of territorial conflicts brought about by the rapid development of land in Bali in the aftermath of mass tourism. In principle, capitalism requires the commodification of all land. Land which is not commodified such as adat land represents a barrier to further accumulation from land development, thus constraining the extraction of surplus value, land rent, and profit from speculation. Each of these principles clashes with Balinese traditions.

As a leading economic sector, Bali’s tourist development has further increased the complexity and diversity of demands for land in Bali. These demands are first challenged by the fact that land is a finite resource and cannot be extended. Second, these demands are in most cases encompassed by different interests, which in all likelihood, are in conflict with each other. Conflicting interests and competition to gain access to a fixed resource such as land are therefore inevitable. Ideally, it would be the duty of any spatial planning system to synchronize the numerous interests and build a situation where each interest has a fair share in using land. In practice however, the spatial plan introduced to Bali and its marginalization of Adat principles on the one hand has left cultural interests unrepresented, and on the other hand has strengthened the economic interests of the national government, its development partners, and private enterprise as a whole.

By combining the logic of discussions on Balinese culture presented in Chapter 3 – especially in relation to territoriality forms and practices, and the first three sections of Chapter 4, it is clear that five major groups determine land use in Bali. Using Chapin’s (1957) earlier work in identifying relationships between land use determinants, Table 4.3 characterizes each group based on its behavioural patterns, and the dominant interests that each group represents.

Determining Group interests characteristic of Balinese Government Tourists Migrants Private the each group enterprise

ƒ Living ƒ Control over ƒ Service and ƒ Living ƒ Creation of Needs for Land conditions and land resources living conditions and wealth and (Behavioural subsistence and land conditions subsistence profits through patterns) ƒ Territorial market production cultural forms ƒ Taxation and and practices revenues

ƒ Public interest ƒ Profit making ƒ Public ƒ Public interest ƒ Profit making Values values values interests values ƒ Socially rooted ƒ Public values interests values

Table 4.3 Determining interests involving territorial occupation in Bali

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Chapter 4 Land Use Conflict and Changes Having considered the policy on tourism, SCETO’s master plan, the spatial development plan and its control system for Bali, it is apparent that they cater to only three of the five groups –mainly the government, private enterprise and tourism. For instance, the BRAP (Basic Regulations on Agrarian Principles) was established to enable the state/government to extract tax from land. Land for the development of tourist amenities is planned for, and the zoning system is designed to accommodate tourist activities. Kawasan budidaya or cultural areas are designed to accommodate and promote tourist development as tourist zones encompassing the coastal areas of Kuta, Sanur, Candi Dasa, Nusa Dua, the scenic areas of Kintamani, Jatiluwih and Bukit Jambul and the cliff areas of Ubud, etc. Access to occupy large areas of land for private enterprises to support tourism is prioritized (see the procedure in acquiring ijin lokasi). Moreover, SCETO’s plan clearly outlines that 75% of the forecasted hotels rooms built to accommodate a predicted number of tourists was allocated for Nusa Dua, developed and managed by big enterprises.

As territorial interests of the three groups mentioned above are given priority, the territorial interests of the Balinese, their culture, and issues regarding internal economic migrants are not even considered. Given the spatial implications of culture, the marginalization of the Adat system and its institutions denies representation of its interests at all levels of development. In the case of internal migrants, their existence is neither expected nor anticipated. In the aftermath of this ignorance, the protection of territories for cultural purposes and actions to overcome the territorial needs of an increasing number of internal migrants are not on the agenda in spatial planning for Bali. As has been shown, thousands of hectares of what is termed ‘defended territorial forms’, as the foundation of local culture, are converted to support the development of land for tourism. These territorial forms include paddy fields, coastal and scenic areas, mangroves and forested areas. In accommodating migrants, the area called the teba within many Balinese house compounds has been converted into temporary settlements for these people. Further detailed cases that represent the insensitivity of the national spatial plan and the NEDP will be presented in Chapter 5.

4.4.2 Territorial conflicts, state control, and the implementation of the BRAP

As has been demonstrated above, the instigation and implementation of the BRAP caused revolutionary changes to the cultural foundation of the Adat (refer to Chapter 3.4). Since its inception, the law has continued its negative influence by contributing to the emergence of territorial conflicts that Bali has experienced during the last four decades of development. The fundamental grounds for this statement are that since it has been a legal means for change, the BRAP has converted the non-market tenure of adat land into private/individual rights over land (ROL) that is transferable on the land market. The implications of this change have resulted in the end of a prerequisite for control by the desa adat institution, krama adat meetings, community consensus, and community agreement over land tenure. These procedures are now substituted for

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Chapter 4 Land Use Conflict and Changes the BRAP, principles on land rights and titles, controlled by the National Land Agency. These changes have also provided legal opportunities for those individuals who are financially equipped to acquire access to rights of land through a market mechanism.

In summing up the situation of the territorial conflict and economic interests mentioned in this section, we can say that rather than having the desa adat institution remains as a sole key determinant over its ancestral land, the BRAP has promoted the diversification of groups and interests that determine how land is used. This further emphasizes that while tourism has been identified as the main agent for the diversification of involvement in the occupation of land in Bali, the BRAP has always been the country’s legal channel in this diversification process.

Prior to the enforcement of the BRAP, tenure on land in Bali was predominantly in the hands of the desa adat institution, and to the royal families on a smaller scale. These tenures included those that were formerly held by the Dutch and Japanese during their occupation of the island. Unlike its recognition of the royal families’ tenure on land, the BRAP has disregarded two kinds of Adat land tenure: tenure held by the desa adat institution; and tenure held by the krama adat. These land tenures are substituted with private/individual right over land (ROL). Individual here refers to Indonesian citizens, group of people, party/s, and private enterprise, which are classified as legal entities, including the state itself. As has been mentioned in Chapter 3, the desa adat institution is not included in this group – a move aimed at disintegrating adat land.

One can only speculate as to why the land of the royal families was recognized when the entire rights of the remainder of the population were not. Clearly the complicity and influence of the royal families was required in the conversion of land from adat tenure to private/individual ROL. This process was promoted by appointing a senior member of each royal household to roles as government officials (such as bupati or gubernur) whose strategic positions occupied a dual role simultaneously involving both monarchy and state political power. Thus state interests were promoted, royal land remained unaffected, and adat land was exposed to development. Similarly, such a strategy was also adopted by the Dutch during its prior colonial occupation of Bali.

Figure 4.9 demonstrates the transformation of Adat’s land tenure into private/individual ROL, prior and after the enforcement of the BRAP. The BRAP defines that ROL incorporate 7 types of various rights of: ownership; exploitation; building; use; lease; land development; and the collection of forest products.

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Adat land tenure Land tenure during the Historical Balinese Kingdoms and colonial periods

Rights over land after more Rights over land after the than four decades of implementation of the BRAP development

The desa adat institution’s rights over the adat land on behalf of the krama adat (Adat’s tenureship)

Unused adat land/idle land

Royal families’ right over land

Colonial occupied land

Krama adat’s right over land

State’s rights over land

Large corporations/private companies rights over

Individuals (non-krama adat)’s rights over land

Figure 4.9 Transformation of rights over land in Bali

Table 4.4 further explains in detail, how the BRAP and its implementation compromised and caused the disappearance of adat tenures over adat land, while encouraging the private/individuals

ROL.

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Chapter 4 Land Use Conflict and Changes Traditional Historical Kingdom and The introduction of BRAP Development period colonial periods

1. Land tenure over ƒ Tanah Pekarangan Desa Adat land (PKD) Individual (krama adat) rights ƒ Individual (krama adat) ƒ Tanah Ayahan Desa (AyDs) over land rights over land ƒ which was held ƒ Individual (non-krama adat) by the krama rights over land adat ƒ Corporation’s and private companies’s rights over land

ƒ Which was held ƒ Tanah Desa Shared RoL between the Shared ROL between the desa by the desa adat ƒ Tanah Laba Pura desa adat institution (krama adat institution (krama adat) institution adat) and state/government and state/government with with state/government being state/government being a a control body control body

2. Unoccupied/idle ƒ Land owned by royal family. ƒ Individual rights over land ƒ Individual rights over land Adat land ƒ Land occupied by the ƒ State rights over land ƒ Corporations and private colonizer companies’ rights over land ƒ Unoccupied Adat land ƒ State’s rights over land

Table 4.4 Transformation of rights over land (ROL)

How the above situation has developed into a major source of conflict for territorial forms and interaction for the Balinese can therefore be explained in two ways. Firstly, with the enforcement of the individual ROL it has accelerated the transformation of territorial forms meant for cultural interaction into functions for commodified non-cultural purposes, especially with the development of activities relating to speculation. Second, the state’s position of controlling rights over unoccupied land squeezing out, or even gradually eliminating, the spatial basis for cultural conservation. Each of these conflicts are explained in the following paragraphs.

4.4.3 Transformation of territorial forms for cultural interaction

Resulting from the implementation of BRAP, the erosion of cultural practices is consequent upon its chosen method of economic development in Bali. As tourism progressed, more land was required for infrastructure. This resulted in private enterprise expanding its businesses into tourism, facilitated by government support in the form of new market practices and poor foresight in sustaining local culture as the foundation of its success. Over time, this increased exchange values in ownership ROL, and continued to sustain a privileged position for certain wealthy individuals in gaining access into the land market over the majority. With the practice of free market principles and financial capital at their disposal, this group has been able to artificially inflate the economic value of the land through the policy on ROL, beyond any possible free and fair competition.

Critical to territorial forms of cultural interaction, this market practice transfers the ROL for financial benefit to investors who can afford it. This obviously affects how land is used, apparent in tourist related uses compared to other sectors, such as agriculture. Prior to the 2002 Bali bombing, tourism related activities accounted for most of the employment in Bali. This reduced the number

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Chapter 4 Land Use Conflict and Changes of workers available to work in agriculture, a less lucrative field than tourism. A further reason for this decline is corrupt practices in land management, when adjoining farmland is purchased for hotel construction cutting off the irrigation managed by the subak association, thus forcing farmers owning and operating properties downstream to sell off their valuable agricultural land which has been nurtured for centuries.

Similar to the predicament facing agriculture, coastal areas, community squares, areas conserved for temples activities, scenic views, and mangrove swamps are also targeted for similar transformation practices on ROL, as well as changes to their functions and uses. Today also, couples are forced to earn the money to purchase the land for building their future home, or to rent for the rest of their lives, as the soaring economic value of land has made this resource unaffordable to the majority of the people. Before, when the Adat was fully practiced, young couples as members of the krama adat were eligible to a piece of tanah pekarangan desa. Because of the increasing inability to purchase the ROL for building a traditional Balinese house, and its requirement for larger piece of land in comparison to a smaller block required for constructing a single unit modern house, it is feared that if this situation continues, Balinese architecture in housing and traditional supporting practices in construction, siting, and environmental sustainability, will all disappear over time.

Importantly, Balinese architecture is not just a form of building-design. It is a form of land tenure that once again resists market forces. The traditional Balinese house is the repository of the ancestors and the ancestral shrine. Houses are therefore not bought and sold because of this fact. There is no family that will either buy or sell an ancestral shrine, and houses remain owned in perpetuity by a single family. Alternatively put, traditional Balinese architecture sterilises any residential land market, further limiting or excluding exchange values and profits from land development. Hence it is not merely viewed as a barrier to accumulation, it is in fact a barrier. a. Elimination of cultural forms and practices resulting from the implementation of legal ROL

The enforcement of ROL in accordance to the BRAP places the state in two commanding positions. First, in a position of sharing joint ROL with the desa adat institution over land tenure that previously was solely under the control of the desa adat institution, when the Adat was regarded as sole authority over land matters. Second, in the state’s position as holder of rights over particular lands which were not delegated to any particular desa adat institution, but were maintained, and could be used for the needs and benefits of the entire krama adat in Bali. Figure 4.9 and Table 4.5 identify these areas as unoccupied or idle land. This type of land includes coastal and mountainous regions, forested areas, and sites for major temples that are regularly visited by various krama adat from different desa adat across the island. The state’s attitudes have therefore become critical

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Chapter 4 Land Use Conflict and Changes factors in squeezing out and eliminating the various existing territorial forms required for cultural interaction, as denoted separately in the following sections. a.1 ROL shared between the Indonesian state and the desa adat institution

In line with the marginalization of the Adat’s governance, the BRAP on the one hand introduces the hak ulayat that recognizes communal use rights over Adat land known as tanah desa and tanah pelaba pura (see Chapter 3, section 4), but demands that the state has shared control over this hak ulayat on the other. This arrangement impacts the state’s position to hold ownership rights, and the desa adat institution to hold use rights over these lands. But the implementation of these use rights now requires prior consultation and approval by the state. This also emphasizes the state’s right to impose changes on such communal adat land, when necessary.

In conformance with the BRAP, adat land is therefore dependent on state decisions, and is vulnerable to changes identified by the state’s agendas, especially issues facilitating its economic interests regarding tourist development. There are various blatant examples of this, such as the conversion of what is regarded as sacred zones into tourist zones by state urban planning authorities. Areas zoned for community activity have been rezoned as commercial areas. Previously conserved areas supporting cultural ceremonies are permitted for the development of tourist amenities. These practices are likely to carry on, and will continue to undermine the territorial basis for culture as future demands for land increase. The BRAP policy and present spatial planning unfortunately do not provide for a defence mechanism to halt and control the encroachment on space utilized for cultural requirements, or significantly, to reinstate land previously used for cultural practices. a.2 The State’s right over unoccupied/idle land

In principle, by transferring ownership rights over unoccupied/idle land to the state, the BRAP policy has also empowered it to make decisions regarding this land, including transferring this right to other individuals, as well as rezoning it. The BRAP policy does not in principle include a statement of rights for the Balinese or desa adat institution to jointly participate in this decision making process. In fact, this land consisting of coastal areas, mountain ranges, space around temples, forests, and scenic areas are essential to the lifestyle of Balinese people right across the island. To re-emphasize the conflict, this practice of marginalization adds to the conflicting territorial interests of state and culture, with the state’s perception of land as a mere factor of production, deprived of symbolic or religious value.

In practice, the state has developed an entire economic agenda to transfer collective rights over land to individual landlords. In doing so, the government has not only traded with its own (i.e. the

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Chapter 4 Land Use Conflict and Changes people’s) resources, but has also commercialized the territorial dimension of Balinese culture. A critical example of this is Bali’s development of its coastal areas. These are major attractions for tourists, favoured sites for private enterprise because of their potential value, and an overall source of revenue for the government’s budget. Regardless of the main function of coastal areas as sites sacred to the Balinese (see Chapter 3), zoning practices allocate these areas for tourism, generating serious cultural conflicts. As a result, such associated cultural practices are displaced and community members may have to travel to other locations. Such intrusive practices commonly take place, and are the cause of public discontent and dispute. Such public action fails to address the people’s concerns, since the state/government legally holds the rights over land use in the area, a privilege that the krama adat no longer possess. Figure 4.10 below summarizes the conflicts presented earlier that take shape either as a transformation, or elimination of, the territorial forms for cultural interaction. This process takes place along with the transformation/elimination of various ROL, underlined by the transformation/elimination of interests in land use by such rights over land.

Various ROL and ROL holders Interests and values

State’s rights over unoccupied/idle land: ƒ Public interests values coastal, forested, conserved green, and ƒ Socially rooted values mountain areas ƒ Profit making values

Joint State”/desa adat institution’s rights over ƒ Socially rooted values Tanah pelaba pura ƒ Profit making values Tanah desa

Individual’s ROL: ƒ Public interests values Krama desa ROL ƒ Socially rooted values Non Krama desa ROL ƒ Profit making values

Transformation/elimination of determinant values in land use

ƒ Profit making values Transformation/elimination of the ROL Private enterprise's ROL

Figure 4.10 Transformation and elimination of territorial forms in Bali

Figure 4.10 shows the state’s ROL, joint state-desa adat institution’s ROL, and individual ROL, all have the potential as well as tendencies to be transformed into private enterprise ROL. This transformation is subsequently compromised to serve the profit-making values pursued by either state or private sector investors. This is however a trend that does not occur in reverse. The diagram shows no chance for the rights over land of private enterprise to be converted into other forms of ROL, nor a determination for economic interests to serve both the public good and socially rooted values.

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Chapter 4 Land Use Conflict and Changes Table 4.5 further provides a conclusive summary that wraps up the diversification of determinant interests in land use, the dominance of profit making values among these determinant interests, the governing role of the BRAP and the lesser role left to the Adat’s territorial arrangement. Table 4.6 also sketches out possible interactions among these major interests in land utilization, where details are to be further elaborated in Table 4.6.

ROL ROL holders Governed Major interest Possible by in land utilization interactions (PI)

ƒ Public interest to serve peoples needs for social and physical infrastructures, State’s RoL State BRAP such as parks, road, government buildings, health service, etc. ƒ Economic interest: commercial, trade, and tourist facilitates.

1 Joint RoL between The state and BRAP & ƒ Cultural interests: temple activities, the state & desa the desa adat Adat’s community halls, and agricultural land. adat institution’s institution territorial ƒ Economic interests: tourist area 1 arrangement

Krama adat ƒ Public interest: settlements, Individual’s RoL Non-krama adat BRAP agricultural land 2 4 ƒ Economic interest: shops, small-scale tourist facilities. ƒ Cultural interests: shrines, community activities

Private enterprises’ Private ƒ Economic interest: settlements, 5 6 RoL enterprises’ BRAP hotels, restaurants, golf courses, 3 shopping centers, travel agencies, amusement parks, etc.

Table 4.5 ROL, ROL’s holders, and major interests in land utilization

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Chapter 4 Land Use Conflict and Changes PI Interaction among the major interests of the ROL holders in land utilization (Table ROL involved Relationships Possible territorial Possible territorial conflict 4.6) /governed by competition

The state is continuously The state may need to convert making efforts to convert Adat land for common needs such 1 State’ ROL versus Both governed desa adat institution’s as to build public facilities or joint state and desa by the BRAP. ROL state’s ROL. infrastructure. The Adat however adat institution’s Joint sate and will not be allowed to expand their ROL (the state vs desa adat Some territories, i.e use of state land. the desa adat institution’s coastal areas and institution). ROL however is highlands are sought Coastal areas often have temples. also regulated after for economic use, As this territory is sold to the large by the Adat especially tourism related corporations, these temples are territorial uses. also included. As a consequence, arrangement. the locals have limited access to conduct their ceremonies. Otherwise the temples have to be shifted to other accessible areas.

State’s ROL versus The state may compete Individually owned land cultivated Individual ROL (The for the same areas for agricultural purposes may 2 state vs individuals The BRAP catering to individuals need to be converted for roads or (krama adat and governs both (agriculture, settlement, other physical and social non-krama adat). parties. etc.) and for public infrastructures. purposes (physical and social infrastructure).

Large corporations tend 3 State’s ROL versus The BRAP to compete for state Reserved green areas, forested private enterprises’ governs both owned land before the areas, coastal areas are ROL (the state vs parties. requirement of fulfilling converted into tourist facilities and the large the public need for amenities, commercial areas, etc. corporations). physical and social infrastructure is addressed.

When individual land is transferred 4 Joint state and desa Both governed to other individuals who are adat institution’s by the BRAP. essentially non-Balinese, who do ROL versus Joint state and not posses knowledge of local individual’s ROL desa adat cultural practices. The new use (joint state and desa institution’s RoL may be in conflict with land use for adat institution vs is also territorial interactions of the individual). regulated by the Balinese: temples and other Adat territorial community functions. arrangement.

5 Joint state and desa Both governed Large corporations are Conflicts may occur as these adat institution’s by the BRAP. strictly prevented from corporations carry out new ROL versus private Adat land holding rights over adat developments in the proximity of enterprises’ ROL however is also land, since this land is the adat land. The new use of land (joint state and desa regulated by the not available on the may not be inline with the local adat institution vs local Adat market. Adat principles of development large corporations). arrangement within particular areas/adat land. related to land.

This frequently happens with the massive annual conversion of 6 Individual’s ROL Both are Large corporations agricultural land into tourist versus private governed by a compete to occupy and facilities or commercial areas. enterprises’ ROL common law on utilize individually owned Large corporations enhance the (Individual vs. large land the BRAP land for economic economic value of land to a point, corporations) purposes. where is no longer sensible for the individual to keep it as agricultural land.

Table 4.6 Possible land competitions and conflicts

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Chapter 4 Land Use Conflict and Changes The critical circumstances determining development activities of land and its contribution to the chaotic, unregulated land utilization in Bali has been fully covered in this chapter, but it is necessary to further emphasize the legacy of the massive tourist industry, with its ever-expanding need for space to fulfil the demand from tourism related infrastructure. This is exacerbated by the increasing number of economic migrants from neighbouring islands. Similarly, a national strategy desperately reliant on the financial investment provided by privileged groups of local and foreign investors, enhanced by development control systems that favour capitalist practices, have all contributed towards continued erratic development of land throughout the island.

This disorganised situation unfortunately does not inhibit the state’s efforts to raising revenue from Bali’s tourism, nor does it prevent private enterprise from widening discriminate activities with regards to ROL and land use since the effect of their actions are felt mainly by the Balinese. Competition for land and territory continue to transform and eliminate the territorial forms meant for the cultural interaction of the Balinese, and also to convert land for supporting the production of profits through market practices. As a result, cultural practices are compromised by economic development activities, and are given no choice other than redefining their territorial needs or to create new territorial forms, if possible somewhere else.

In order to ground the preceding discussion, the conflicts between the state, the private sector and local culture will now be contextualized in several detailed case studies that form the empirical core of this research. These examples, while limited by the scope of the thesis, are sufficient to clearly demonstrate the erosion of Balinese culture inherent in the bureaucratic practices of national government at the grassroots level. Furthermore, the case studies illuminate the thesis by showing that the complexity of the national planning system analysed above is wholly inadequate to the defense of traditional values.

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C h a p t e r 15

Chapter 5 C A S E S T U D I E S

This chapter provides empirical examples that demonstrate the seriousness of unregulated land utilization in Bali. These case studies are categorized into two groups. The first group constitutes development activities that have commonly occurred across the island, and which have either transformed or eliminated cultural interaction. The cases that form the first section are based at physical observation on various sites, as well as secondary data, such as online sources and traditional reference materials (books, journals etc.). The second group consists of land development taking place in three chosen sites of the desa adat Kuta (in the Badung district), Ubud (in the Gianyar district), and Tenganan (in the Karangasem district) (see Map 5.1). These case studies present specific developments on land within these three communities. Each area is supported by data and information gathered from site/physical observations and focus groups. Map 5.1 identifies the geographical position of each case study.

5.1 Land use changes – longevity of territorial forms for cultural practices

Territorial forms in Balinese culture can be classified geographically into three major groups used to sustain cultural interaction and traditional lifestyles:

1. At the household level, including sites utilized for house compounds, and wet-cultivated agricultural land belong to the krama adat. Rights over these territorial forms are held by the krama adat.

2. At the desa adat level, including sites utilized for communal activities, such as sites for various temples that identify a geographical area and its community members as a desa adat, desa adat’s/community market, community square, community hall, balai banjar, balai desa, wantilan, and wet-cultivated agricultural land to support temples and communal activities. Rights over these territories are jointly shared between the desa adat institution of each desa adat and the Indonesian state.

3. Across the island; including sites utilized by the krama adat in its entirely or in part, from various desa adat in Bali, such as sites used for major temples, coastal and waterfront areas, mountain areas, and forested areas. Rights over this land are held by the Indonesian state.

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10

9 12 8 3 2 11

Java

7 Lombok 4

1

5 6

Notes:

1. Kuta 2. Ubud, Peliatan Selasih, Lodtunduh, Petulu 3. Tenganan, Candi Dasa 4. Sanur 5. Nusa Dua 6. Bukit (GWK) 7. Denpasar 8. temple 9. Jembrana 10. Kintamani 11. Bedulu Pejeng

12. Sideman

Map 5.1 Geographical positions of case studies

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Chapter 5 Case Studies

While the importance of the above sites for the culture has been clearly addressed, economic development – primarily mass tourism – has continuously threatened their present and future collective existence. In presenting common cases on how uses of the above territories have been damaged or modified, there are two groups of cases presented in this section (see Figure 5.1 below). The first group constitutes those cases that convert territories used for cultural practices into land used to support profit-making interests. The second group consists of developments on land that interrupt uses of the existing, adjacent cultural forms. Each of these groups will be explained in two separate sections.

Defended territorial Individually defended forms at the household territorial forms ƒ Conversions of level defended territorial forms. Development activities on land Defended territorial ƒ Interruptions to and their impacts forms at the desa adat cultural practices on defended level held within various territorial forms Collectively defended territorial defended territorial forms. Defended territorial forms forms across the island

Figure 5.1 Development and its impacts on territoriality

5.1.1 Development and conversions of territorial forms for cultural practices

Development activities can be classified into two categories. The first category covers those that change the use of land for wet-cultivation (agriculture) – land belonging to the krama adat. The second category includes those that convert existing land supposedly conserved for cultural practices at either the desa adat level or at a broader compass across the island. To be consistent with the three groups, this method of classification seems to leave territorial forms for traditional housing compounds behind. This is due to the fact that their existence is well protected by the owners.

Thorough site observation and experience of living in Bali demonstrates that it is highly unlikely for the krama adat to transfer ownership rights over land used for their traditional house compounds. This is due to traditional procedures involved when the house is built. The development of a traditional house compound requires various ceremonies that maintain ancestral and ritual spirits that reside with the family and within the compound. Transferring this compound to any other party is subsequently interpreted as tulah – as ignorant and unacceptable behaviour. However, extended uses may possibly be added to these compounds. As a matter of common practice, the street sides of Balinese house compounds are often decorated with small buildings for

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grocery shops. Thus, cases on the conversion of land used for Balinese house compounds are not presented in this section. This thesis however acknowledges the fact mentioned earlier that the soaring exchange values of land have financially restricted Balinese couples acquiring land required to build traditional house compounds for their new family home. a. Land use conversion on individual territorial forms, – agricultural land

There is no statistical data to illustrate the depletion of agricultural land in Bali – in this case wet cultivated paddy fields. Data showing a significant decrease in rice production however can be used to portray this situation. Bali produced 75,000-tons of rice in 1984. This output decreased to a level of 50,000 tons in the year 2001 (Balipost 24 April 2001). Changes in the use of agricultural land are preceded by the transformation of ownership rights over this land from the krama adat into other party/s. As private investors continue to maintain a leading role in Bali’s tourist industry, three prime reasons for the transformation of rights over agricultural land emerge. First, increased investment elevates land exchange values to a level that has never been experienced by farmers. So keeping agricultural land is economically less feasible than exchanging the land at market value. The opportunity to use the money to start small businesses is tempting, as saving encourages farmers to sell their land for development, primarily for tourist related purposes.

Second, farmers are also encouraged to sell their agricultural land, as fewer members of the family are available to work on this sector. The development of tourist amenities and tourist services require labour that is partially absorbed from the local labour market. The lucrative image of being in the tourist related workforce has made the agricultural sector less attractive to the younger generation. This condition is in line with modernisation, where economic structures move from the primary sector relying on natural resources to the tertiary sector relying on services. Third, investors’ actions (with location permits in hand) to purchase strategic sites from extensive agricultural lands, and convert their uses have in most instances given farmers no choice, except to sell. This is also reinforced or coerced in a change into other uses that cuts off irrigation to the surrounding agricultural fields. Given no alternative methods to irrigate their paddy fields, the land becomes useless for agriculture. Other farmers have no option but to sell to the same investors who hold ijin lokasi on this area. Control over water supply becomes a major offensive strategy in converting land to commercial purposes by effectively sterilizing its use for agriculture. a.1 Selasih Golf Course

Plans for a golf course situated in the desa adat Selasih Puhu of the Gianyar district is yet to be constructed (Supartha 1998). The principal development permit has been authorized, but the leader of the people’s representative board of the Gianyar district has not given his approval for the project. The ijin lokasi however – licence to purchase land, has already been granted to the

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investor. The project requires 200 hectares of land in the desa adat Selasih, about two-thirds the size of the whole village itself, whose surrounding areas are mainly fertile wet paddy fields. Selasih’s agricultural land, village’s temples, community halls, banjar/desa adat halls, community market and alun-alun will likely be left unprotected by their agricultural hinterland.

This project has generated public dispute that opposes its construction. Taking two thirds of a whole village and its agricultural land will result in almost two third of the villagers requiring a new place to stay. Given the fact that Bali has been over populated, this land acquisition would add a serious burden to the existing physical and social problems exist across the island. Since agricultural lands in Selasih are cultivated by sharecroppers, such land appropriation would create significant unemployment. Even if management of this Selasih Golf course is willing to employ this group of sharecroppers, they would require certain skills suited to the operation of a golf course. Most of them however have not had chance to go through education and training in related fields (not in fact to play golf).

Given these possible consequences, the majority of the Selasih krama adat have resisted the idea of selling. Such a response from the community was unexpected. In order to hasten the process of acquiring the land, the investor has involved land brokers and devious practices, such as physical violence and intimidation. These practices on the one hand do not benefit the krama adat of Selasih, so they have not succeeded in their mission on the other. Community resistance brought failure in acquiring the land. This has postponed the implementation of the project which has not yet commenced.

Photo 5.1 The proposed site for Selasih Golf Course a.2 Pengosekan, Lodtunduh, Kintamani, Petulu, Sideman, and construction of the ‘Sun Shine’ ring roads

Massive depletion of the agricultural land is further experienced by several desa adat of Pengosekan, Lodtunduh (both are situated in the southern part of Ubud), Petulu (northeast of Ubud), fertile agricultural fields lay in a valley between the two hills at desa adat Sideman (Karangasem district), and those stretching from Ubud to Kintamani (Bangli district). Most of

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them are converted into tourist amenities, such as art and craft shops, tourist accommodations, restaurants, cafés, travel agencies (Bali Post 1 May 2001). Businesspersons have changed the previously green landscape into a new collection of concrete habitats, and the mindset of the local people has had to be adapted to thee new economic circumstances.

The construction of a ring road from Tohpati, which is on the eastern side of Denpasar (the capital city of Bali) to Kusamba, (Klungkung district – the eastern part of the island) has also involved the acquisition of large fertile agricultural lands previously used as paddy fields. This link is being built to overcome traffic congestion, which occurs on the one existing road connecting the busiest city centre of Denpasar, and the centre of art and crafts of Gianyar district, with the rest of Bali’s eastern districts. Conversion of large cultivated lands for this project is especially obvious in Gianyar. Paddy fields along the coastal areas of Lebih beach have been devoted for this ring road (Bali Post 1 May 2001).

Photo 5.2 Conversion of paddy fields into tourist accommodation in Payangan and Ubud b. Land use conversions on collective cultural territorial forms

In most cases, these conversions happen on territory whose cultural uses are observed by krama adat across the island. The reason for this encroachment is the state’s rights over these lands have brought easier entry to private investors, compared to acquiring access through joint control. Such control inhibits market transactions over lands that contain the territorial patterns of the krama adat for Adat communal behaviour. Several examples of such land conversion are presented below. b.1 Conversion of beaches into zones for tourism

While beaches hold significant cultural value for the Balinese people, they are also attractive sites for tourists. Favouring the tourist industry, the national plan for Bali allocates these areas into zones for tourism. This plan has resulted in the conversion of beaches from sites for krama adat residing nearby to carry out their regular ceremonies, into sites where people are sunbathing and swimming, and where hotels, restaurants, cafe, and shops are situated. Prime among these beaches are Sanur, Nusa Dua, Kuta, Candi Dasa in Karangasem district, and Lovina in Buleleng district.

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Photo 5.3 Development along Nusa Dua and Sanur coastal lines

The contrasting characteristics between the use of beaches as sacred sites for the Balinese people, and site of pleasure for the tourist industry, make it impossible for both to be contained in the same place. One must relinquish control to the other. Realizing that beaches are part of state owned resources, the Balinese have no capacity to defend their needs for these sites, and have to give way to tourism. As the economy has been made dependant on this industry, such practices become widespread and unexceptional. Without realizing it, the Balinese are conditioned to get used to practices that reserve Bali for tourism, not tourism for Bali.

The idea of Bali for tourism is extended when in some instances, development of tourist amenities along certain coastal areas require vast sites that inevitably include existing Segara temples. Such cases are often resolved with a decision to move the temple to another site. When transactions on this coastal area were agreed between the government and private enterprises, the temple was obviously not considered to be a crucial deterrent to development. An example of this practice is the development of the Club Med. Hotel at Nusa Dua which caused the movement of Nusa Dua’s Segara temple to its present site (Bali Post 17 January 2000).

Photo 5.4 Club Med, Nusa Dua

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Demand for coastal areas for development have also converted hundreds hectares of mangrove forests in Suwung, eastern coastal areas of Denpasar. These forested areas have been cleared for commercial purposes (Bali Post 19 November 1999). It is understood that 30 % (500 hectares) of 1,373.5 hectares mangrove forest has been depleted (Bali Post 24 April 2001). This forest is not only culturally meaningful during the celebration of Tumpek Uduh (see Chapter 3), but it is an environmentally crucial barrier in preventing the erosion of land, a filter for pollution, and a nursery for fish and other sea life. Concepts of ‘sustainability’ have no place here.

Photo 5.5 Conversion of mangrove forest into commercial use b.2 Conversion of mountain into zone for tourism

Sites around Agung and Batur Mountain, sacred sites according to the Tri Angga concept, have also been zoned as tourist areas. National spatial planning for Bali views these sites as potential tourist destinations. Agung mountain with its , the biggest temple is Bali, and Batur mountain with its Batur temple and scenic views of Batur lake continue to attract tourists. As a result, land use conversion along these mountains is inevitable. Development of shops, restaurants, and tourist accommodation become common. These additional functions/developments limit space available for krama adat from all over Bali to interact, when ceremonies are held in these two temples, mountains, and lake.

Photo 5.6 Batur mountain and its lake, a tourist destination

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b.3 Conversion of community square into commercial ares

The community square of the desa adat Pekambingan of the Denpasar district was converted into a site for a shopping centre in 1992. The right over this land was in the hands of Pekambingan desa adat institution and the state. But on behalf of the national government at local level I, Ida Bagus Oka, Bali’s former governor decided to sell the land to investors, who then converted it into another block of shopping. The site is situated right in the middle of Denpasar city. Transferring ownership and use of the land to private enterprises was seen to be economically desirable, rather than saving it as alun-alun, where community members gather for play, sports and social events. While these shopping malls have been in operation for years, the government has not yet reserved a new site to relocate these community squares.

5.1.2 Development and disturbances to territorial forms for cultural practices

Various developments that interrupt social interaction can also be categorized into two divisions. The first incorporates cases that interrupt cultural practices related to domestic activities. The second category is those which involve collective social life. a. Disturbances to cultural practices contained within individual territorial forms

This section stresses activities that extend the main function of houses into other economic activities – mainly for commercial purposes pertaining to tourism and trade. In most residential areas situated either along or nearby tourist destinations, sizable areas of land in front of houses (part of telajakan) have been converted into art and craft shops, art workshops and galleries, restaurants, cargos, and travel agencies, usually along main roads. For certain tourist areas, such as Sanur, Mas, Batubulan, Sukawati, shops and other commercial uses have supplanted entire residential streets.

Given the cultural significance of the forecourt to houses (see Chapter 3), development on this space shrinks the space available for various household ceremonies. The emergence of the above commercial functions generate crowds and traffic, so ceremonies are altered to suit the available telajakan left, and the length of time the traffic may be blocked for this activity. This situation on the one hand has gradually modified cultural practices, inconvenienced tourists, pedestrians, and traffic in general. Tourists can hardly walk peacefully without being hassled to buy goods from street vendors. Pedestrians are forced to walk on the road as street shops display their goods over the footpaths. This chaotic servicing often overloads traffic, and increases congestion (Ubud and Kuta Focus Group).

As there are almost no clear regulations, such practices are widespread. Corrupt government officers have definitely played crucial parts in allowing these practices to take place, by issuing

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permits for commercial developments in residential zones. Without development control that is culturally concerned, residential streets become turned into shopping for tourists, eroding cultural activity in the domestic realm.

Photo 5.7 Extended use of house front into commercial areas

b. Disturbances to cultural practices contained within collective territorial forms

Interruptions to daily life taking place on collective space have in the main been caused by development which does not recognize Balinese traditional guidelines. Such developments do not necessarily convert these areas into other uses, but they provide places for activities whose characteristics are in contrast with local culture. Several cases are presented below to substantiate these. b.1 The Bali Nirwana Resort (BNR)

The Bali Nirwana Resort (BNR) has been under construction since 1993. At present, only part of the project has been completed, and the rest is still under construction. The resort was designed as a hotel with 400 rooms, 450 bungalows and 100 unit condominiums/apartments (Development Planning Board 2000, Manuaba 1998, Sudibya 1998). This huge project is being constructed at desa adat Beraban, in the district of Tabanan. This site was chosen as it has scenic views looking towards the Tanah Lot temple, which stands right on top of a cliff surrounded by a beach. This geographical position, with sunset views backgrounding the temple, regular ceremonies and activities held in the Tanah Lot temple, offer a rare and unique experience that tourists will never experience in any other tourist destination.

This development however incurred long public protest. The majority of Balinese cultural observers, academics, and krama adat opposed the project. The major basis for this public dispute was that the project did not comply with Balinese traditional guidelines for development situated nearby Sad Kahyangan temples (the six major temples), of which Tanah Lot is one. According to the Adat system, there are constraints on development within apenelengan from this type of

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temple. Apenelengan is one among various Balinese measurement terms, which means a distance between an object and a point, where one stands and starts to loose her/his sight of the object. This apenelengan is traditionally worked out to be the distance necessary to shield any temple from outside activities that may harm its sacred values (utama space– see the concept of Tri Angga in Chapter 3). Second, this distance will also prevent functions situated outside the temple being interrupted by various cultural activities held within temple area. This is especially true since Tanah Lot is a major temple that accommodates massive number of krama adat from across the island on a regular basis.

The BNR however is planned without conformance to this guideline. The resort is only built 500 Metres away from the temple. As a result, tourists can clearly view and get pleasure from temple activities from their hotel rooms or other parts of the resort. While concentrating on ceremonies and tasks within the temple, the congregation can also view the resort, the tourists, and the leisure activities taking place. The BNR in one hand has succeeded in its effort to get benefits out of the site. On the other hand, the Balinese and their religious practices held within the Tanah Lot temple are dominated by unacceptable intrusion.

Photo 5.8 Bali Nirwana Resort

In exception to national procedures for acquiring development permits mentioned in Chapter 4, the three first permits – principle, location, and site plan – for this BNR were decided and approved by the national government in Jakarta. The local government at level I and II were urged to follow up this decision by issuing development consent for this project. Such an unlawful process is not surprising. This is common when it comes to issuing consent for developments that are promoted by wealthy corporations who have successfully built up established connections with national government officers. This connection enables collusion and corrupt practices between enterprises and officers, disregarding public needs, cultural interests, and shortcutting the legal process.

There was neither public hearing nor discussion with desa adat institutions across Bali, prior to issuing the development consent for the resort. The krama adat across Bali were not involved at

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any level, yet were asked to accept the government’s clear action to abuse Adat’s constraints on development in proximity to major temples. By such actions the government has conditioned its people to be passive objects rather than active participants in charge of development activities taking place on their island.

To the Balinese community however, this event was a call for action. The BNR inspired the krama adat across the island to rewrite Adat’s guidelines for development near major temples – Bhisama – in Latin and to translate them into Bahasa Indonesia. Prior to this call, these guidelines were written in Sanskrit, orally transferred, and were socialized to krama adat across the island through prajuru adat. The next move taken by the Balinese community was to persistently plead for national recognition on these Bhisama, so they would be regarded as the accepted legal practice before development consents are granted in Bali. The aim was clear, to prevent further interruption to worship across the island. b.2 The Garuda Wisnu kencana (GWK)

The Garuda Wisnu Kencana (GWK) was designed to be built on a 100 hectares of hilly infertile land situated on the Bukit peninsula, , in the south of Bali. This project was planned to be a landmark for Bali’s tourism and a new tourist destination. The GWK will provide potential visitors with a range of facilities in the southern region of Bali. Some of these facilities are the planned, garuda museum, calonarang theatre, a three-dimensional theatre, bird theatre, amphitheatre, galleries, playgrounds, amusement centres, souvenir shops, restaurants, plaza & food centres, plaza & staged-photo areas, underwater-recreation, and underwater attractions. Similar to the BNR, this project engages various wealthy entrepreneurs, and has its development consent approved by government in Jakarta, again by passing any local hearing or consultation.

Photo 5.9 Garuda Wisnu Kencana

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Mixed sentiment from the local people towards the project was inevitable, but they did not succeed in their mission to undo development consent granted over the project. Up to the time this thesis was written, the GWK was still being built. The BNR will require a large amount of underground water not only to meet the consumption at construction stage, but also in the actual running of this tourist complex. The existing source of water for the locals in the area may thus dry up within a short period. Unfortunately, there is no further study or numerical data provided to support this argument as yet.

This damaging environmental impact is further challenged by GWK’s economic goal to be a major centre where various home industries across Bali and their products are marketed. By this business strategy, GWK will have a chance to promote economic inequality. Small to medium home industries and home made handicraft centres in various part of Bali who are not parts of GWK’s market chain will have less of an opportunity to sell their product. With a modern marketing plan, practices, and financial power in hand, GWK will have more of a chance to capture the market than its local competitors – traditional home industries scattered across villages in Bali. Development of the GWK is therefore bound to benefit the investors involved in GWK more than the locals. As yet another monopoly is established over traditional industries.

While the above environmental and economic drawbacks are likely, interruption to Balinese culture as a whole is also bound to take place. The idea of providing a centre for art and cultural performances, where they are developed, presented and sold to broader audiences (tourists) will first expropriate the concept of Balinese culture evolved as ‘kebudayaan yang merakyat (people’s culture). Centralizing its art within this centre destroys the essence of Balinese culture as a daily ongoing ritual, for the amusement of the wealthy. Second, the idea of commodifying cultural performances will involve modifications and changes to various aspects of their art and culture to suit the business strategy of the GWK’s management. One example that GWK has started in its ignorance is the insensitive use of various religious symbols and logo’s for commercial purposes. b.3 Uncontrolled development along sites that have scenic views on Lake Batur and Ceking

Given the lack of consideration for the environment and the rampant illegal development of land, there are also a large number of restaurants that have been built in strategic places overlooking Lake Batur in Kintamani (highland area around the mount Batur) (Bali Post 1 May 2001), and paddy fields in the strategic tourist areas of Ceking, Tegalalang, at the Gianyar District (Bali Post 4 February 2000, Bali Post 17 November 1999). Apart from the scenic views each site has, this unregulated development has inhibited those krama adat who cannot reach the sacred sites due to the extension to their cultural procession. Sites where they used to do so are no longer available, and have been occupied by such unregulated development.

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Within the last two decades, similar physical developments have been endemic and uncontrolled. In most cases, they take place on lands zoned as kawasan lindung (conserved areas), in accordance with government urban planning practice. Ownership rights over the land are usually in the hands of the state. Again, corrupt practices between self centred government officers and private enterprise, a locally insensitive development controlled system, and the absence of local concern for legal enforcement, have made this kawasan lindung available in the market and accessible for development.

Photo 5.10 Development along Ceking’s scenic view

5.1.3 Efforts to protect territorial forms and cultural practices

Besides those aggravating impacts brought by unregulated development on land highlighted above, there have also been corporate endeavours between local government at level I and II, and krama adat and desa adat institutions across the island to work side by side to preclude any further damaging impacts of development. It is unfortunate that such safeguards are considered after the problems and conflicts happen. These efforts have met with some success, but have had little or no effect in recuperating damage to Balinese culture. a. Cancellation of reclamation project of Padanggalak beach

Krama adat of desa adat Tohpati, Denpasar district and its desa adat institution were successful against the local government in Denpasar district to reclame Padanggalak beach. This beach is located on the eastern coastline of this district, situated in proximity to Sanur beach. Ownership rights over these areas are held by the state. Through its local government, the national government in Jakarta aimed at converting these areas from conserved areas to a tourist zone. But before this intention came to realization, the beach had been sold to private enterprise. The reclamation was a follow up action to clear up the site for hotel development.

Having learnt from their neighbouring krama adat of Sanur, the main concern for the Tohpati’s krama adat was that this hotel development would cost them their cultural territory, where various

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social activities, ceremonies, and religious activities are regularly held along the beach. These functions are in fact also participated by krama adat of Sanur, whose rituals have also been squeezed by hotel developments along their coastlines. Fortunately, after a stalemate with private enterprise the battle of these Tohpati krama adat finally ended. The local government of Denpasar district stopped the project, leaving the beach to the local people to perform their regular activities freely (Gelebet, 1998, Supartha, 1998). This is one of the very few examples of spontaneous resistance to development that has met with some success. a.1 Corporative efforts between local government and the desa adat institutions

Local government for the Gianyar and Badung districts have established a new policy to enhance the desa adat institutions and krama adat involvements in taking care of land related issues. Due to their potential attraction for tourism, these two districts are the areas most favoured by private investors. In order to rule out unregulated disruption to social practices, every land transaction that transfers ROL from one party to another will require recommendation and approval from desa adat institution of the desa adat where the land is situated. The same condition will also apply before development consent is granted by both local and national government. These should form a positive agreement that demonstrates the government’s preliminary concerns in conserving Balinese ways of life by working together with the representatives of the local people. The question now is how this agreement is to be enforced in practice, since most other agreement appear to be negotiable. a.2 Unsuccessful proposals for various mega-developments

There are a number of additional projects requiring significant land assembly which have had their requests denied. Those projects are listed below.

ƒ First, a proposed golf course project at the Ngurah Rai airport has been postponed. The basis for this rejection was that the project will require a huge amount of water that the environment can no longer deliver. There is no clear statistical data to demonstrate the amount of water needed for the construction and operation of the proposed golf course. However, having had numerous small and major tourist amenities whose demands for water are considerable, this Ngurah Rai golf course will further increase water consumption, burden the environment, and indeed endanger water supply for public needs in general.

Furthermore, among such tourist amenities, there have been several existing golf courses provided by various big hotels. Any development of a similar facility would be unnecessary. Most importantly, given the fact that Bali is a relatively small island, development of a mega project would be undesirable. Being a centre for tourist development that is characterized by its

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cultural tourism, golf is not part of local culture (see play PMS in Chapter 3). Also, the costs of participation are out of reach for most local people. Allowing land acquisition for this golf course would sacrifice space for local activities – promoting alien forms of culture and eradicating the existing. Correctly, the Bali Post stated that Bali is not in need of more golf courses (Bali Post 3 December 2001).

ƒ Second, a proposed racing circuit in the Jembrana district, western part of Bali has also had its application rejected (Bali Post 7 March 2000). This was a triumph for common sense. The project will require significant acreage, 120 hectares approximately. The first major concern was that the circuit will use up more fertile farming land in Jemberana, and leave local farmers unemployed. Financial resources gained from selling their cultivated lands may sustain farmers’ survival for a short period, but would not extend their future means of subsistence. Second, this circuit will produce a significant amount of pollutants for the environment. Race cars and others will release gas emissions of carbon monoxide (CO), Nitrogen Oxides (NOx), Sulfur Oxides (SOx), Hydrocarbon (HC), dust and lead (Pb), which will increase air pollution. Since Bali is only a small island, these gas emissions will affect the quality of the air around the circuit, as well as the western part of the island, not to mention the horrendous noise to a quiet and peaceful island over a period of weeks.

Third, Bali also does not have a proper hospital, which would be able to provide sufficient medical treatment for the drivers who may be involved in accidents while competing. This issue is vital and critical when most victims of the Bali bombing in 2002 were flown back to Australia in order to get adequate medical treatment, unavailable in Bali. Fourth, the proposed circuit will only be utilized a few times a year. And for the rest of the year, the valuable land that has been sterilized will remain idle. The sport requires skills, technical knowledge, financial resources that most Balinese do not possess, and therefore, there is no economic or other benefit for their sacrifice. After a long battle with the government, this development proposal was finally postponed.

Those are critical examples of development activities on land that affect Balinese culture. Three major, but different case studies of Kuta, Ubud, and Tenganan will be presented below.

5.2 Three case studies of Kuta, Ubud, and Tenganan

Given that tourism is the key economic force for economic development and cultural erosion in Bali, these three case studies were chosen on the basis that they represent major tourist destinations. Table 5.1 demonstrates geographical positions, common attributes, and differences between them. While these examples are each unique in the Balinese context, they are also generic

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since they represent a general paradigm implicit to current economic strategies, and therefore reflect situations, past, present, and potentially future, taking place across the island. These case studies represent various levels of economic development, and also demonstrate a range of modifications in land use.

Kuta Ubud Tenganan Geographical position Southern Bali Central Bali Eastern Bali

Type of area Coastal area Inland area Highlands area

Traditional Fishery based economy Agricultural based economy Agricultural based economy subsistence

Society Heterogeneous society (local Heterogeneous society (local Homogenous society (native people, national and people, national and international people only) international migrants) migrants)

Government ƒ Desa adat institution ƒ Desa adat institution system. ƒ Desa adat institution system system. The adat leaders The adat leaders are elected system. The adat leaders are elected bykrama adat by krama adat are elected based on ƒ Indonesian desa dinas ƒ Indonesian desa dinas seniority ƒ There is national ƒ There is national government ƒ Indonesian desa dinas government intervention in intervention in development ƒ There is no national development in the area in the area government intervention in development in the area

Development ƒ Local and national ƒ Local and national ƒ Local and national funds government budgets government budgets government budgets ƒ Local community funds ƒ Local community funds ƒ Local community funds ƒ Private investment ƒ Private investment

Tourist Coastal based tourism Cultural tourism Cultural tourism development

Matters related to ƒ The BRAP ƒ The BRAP ƒ Land related matters are land arrangement ƒ Adat territorial ƒ Adat territorial arrangement regulated by Adat ruled by arrangement ƒ In comparison with Kuta, territorial arrangement. ƒ In comparison with Ubud, Ubud has much more land Kuta has much less land controlled by the adat. controlled by the adat.

Rights over land ƒ State’s ROL ƒ State’s ROL Community land tenures (ROL) ƒ State’s & desa adat ƒ State’s & desa adat institution’s ROL institution’s ROL ƒ Individual’s ROL ƒ Individual’s ROL ƒ Private enterprise’ ROL ƒ Private enterprise’ ROL

Land market Exist Exist Does not exist

Table 5.1 Comparisons between the three case studies

Among the three areas, the desa adat of Tenganan exhibits the highest degree of difference. This desa adat is one among several desa Bali Aga – Balinese native village, and the only one village endowed with special autonomy to manage its society without national/local government intervention. In the case of both Kuta and Ubud however, such autonomy is not present. The Indonesian national government has demonstrated a great deal of involvement in developing these two desa adat. Similar to the rest of the villages in Bali, desa dinas does exist in the Tenganan

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community for administrative purposes, but its roles coincide with those of the Tenganan’s desa adat institution. Details of each case study, and its impact on culture, will be presented below.

5.2.1 Kuta

Kuta is the most famous of all the tourist villages in Bali. Almost every tourist who has visited the island would have visited Kuta – an area of great diversity and interest (Mabbett 1987). In presenting the case of desa adat Kuta, this thesis also includes historical, physical, and statistical data of Kuta, Seminyak and . These three areas used to be regarded as one territory named Kuta. When the field survey was done in early 2001, they were just divided into three different desa dinas (kelurahan): Kelurahan Kuta, Seminyak, and Legian. The available statistical and physical data however had not been updated to suit this change, even up to the time when this thesis was documented. For this reason, Kuta is presented as it was before this administrative change took place. a. Kuta – a front gate for Bali, centre for slave trade and commercial seaport

Historically Kuta began as a fishing village and has grown into Bali’s leading tourist area. It has evolved from humble beginnings as a port to be the main entry point of Bali’s tourism, and the only international airport on the island is situated just next to this village. Its present status parallels events leading back to the 14th century, when Gajah Mada, (the great warrior who led Majapahit’s invasion of Bali, see Chapter 3) made entry at nearly the same location. After this occupation, Kuta continued to serve as a seaport. Historical documentation also states that in 1580, an English sailor – Sir Francis Drake – was related to Kuta. It is not clear whether he actually landed in Bali or just sailed pass it. And in 1597, Cornelis de Hautman, the commander of a Dutch ship that had set sail from Holland arrived in Kuta before heading to the port of Batavia – known today as Jakarta.

When Balinese royal kingdoms depended on the slave trade for their revenue, these transactions were carried out in the port of Kuta. The Dutch scholar – Henk Schulte Nordholt (1986) – described it as being ‘the most important place for the purchase of this human cargo’. Since this slave trade only benefited the Balinese kingdom, the Dutch prohibited this trade, and the main function of the port ceased. The Dutch then turned the practice of slavery to their own needs, by forcing these slaves to work on Dutch plantations. This policy caused the decline of the port of Kuta. The situation was worsened further by the volcanic eruption of in 1815. Ash rained over the island, destroyed crops, and led to a famine, as well as in nearby Lombok.

It was not until 1839, with the arrival of the Dane, Mads Johansen Lange, that the port of Kuta was given a second lease of life. He had chosen the port of Kuta to be the key to his business, after losing his battle with another European (George King of England) for a monopoly of the trade in

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Ampenan (Lombok) – the busiest port in the region at that time. Lange basically shipped and traded in the local commodities of rice, coconuts, coconut oil, cotton etc. with Canton (China) and Singapore. In exchange, he was paid in Chinese coinage, and brought textiles, opium, and arms back from Singapore. The Chinese coin was circular with a hole in the centre, and it became one of his major successes in the commercial business. He used the coinage to purchase local commodities, which was always profitable, as he set his own exchange rates.

Apart from his commercial success, Lange also built up a good relationship with the local royal kingdoms. Upon the arrival of the Dutch, Lange was even appointed as a mediator between the local Balinese and the Dutch. He was successful in representing his own interests, as well as that of the local kingdoms and the colonizers. He was then awarded Bali’s highest title, Punggawa Besar – the highest general – by Raja Kesiman. However, years of military conflict against the occupation had a negative impact on agricultural production. Kuta port became quiet as Bali suffered famine again promoted by imperialist practices in one of the most fertile islands in the world. Trade then moved back to Ampenan and, Padang Bai port (Karangasem), and then new port of Celukan Bawang in Singaraja, north Bali. b. Kuta – the emergence of an international tourist village

It was a long time after this that Bali was again gradually exposed to the outside world. Initially there was Hettling, a businessman who landed on Kuta beach. Not only did the beauty of the beach amaze him so much, it also inspired him to settle on the island and to set up a business that took people on short flights, at twenty Guilders a time. The next foreigner to visit Kuta was an American scholar, Colin McPhee, who later became an outstanding student of Balinese music. He was the student of Lotring, a Balinese musician and composer who was considered a genius in his field. McPhee’s enthusiasm in Balinese music and his love for the beach encouraged him to build a hut on Kuta beach with help of Lotring, who provided him with the land. He was the first foreigner to make Kuta his home. Kuta however remained untouched, as there were no other outsiders who immediately adopted McPhee’s idea.

It was not until 1936, when two young Americans visited Bali, Robert Koke and his future wife, Louise Garret who arrived in Kuta after touring round the world. They fell in love with the island, and decided that Kuta with its beach and its people was the best place for them. After staying there for four months, they built a hotel and named it the Kuta Beach Hotel, the first hotel in the area. Unfortunately, this hotel was destroyed during the Japanese occupation. The current Kuta Beach Hotel was opened in 1955, situated a couple of hundreds metres to the north of the first one, and is certainly a reminder of Robert and Louise’s cottages. Since then Kuta has had the opportunity to move from a slave port to a primary fishing based economy, and then into tourism. Kuta’s image

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continues to attract tourists in great numbers, especially as it has so successfully set aside its hippy image of the 1970s.

In 1961 a journalist from England described the place as being a ‘paradise beach’. He expressed how he marvelled at its crescent shape, framed with coconut palms, and its isolated beauty. There were no beach huts, no souvenir stands, and no drinks stalls, and there was only one tiny hotel for occasional visitors. In the early 1970s however the number of visitors increased, creating corresponding demand for more tourist accommodation. This change was also followed by the need for even more tourist facilities, such as restaurants, nightclubs, and souvenir stalls. It was during this decade that Kuta was known as a hippy haven (Mabbett 1987): with the years of long hair, exotic clothing, drug use, and nudity on the beach. Even today many people are of the misconception that this still happens in Kuta. The beauty of the beach however is too marvellous to only cater to the needs of one particular group of people, Kuta is a place for everybody.

From then on the number of tourist facilities such as hotels, restaurants, pubs, and home-stays started to increase and promptly turn Kuta into the busiest village in Bali. It presented a range of services from living to eating-places and shopping centres, catering to visitors from low budget tourists to the wealthy. Assimilation of ‘the international tourist’ has also resulted in the emergence of a global flavour in the services available, turning Kuta into an international village.

One must then ask the question, why Kuta and not Sanur? Apart from Kuta’s amazing beach, its cultural richness and its people, the answer to this question must be its proximity to the Ngurah Rai international airport. A second answer would be that Sanur’s image is of a luxurious place catering to the up market tourist. Those younger travellers who make up the age group that most frequently visits the island, are therefore reluctant to stay at Sanur. This also applies to the other tourist areas of Nusa Dua and Ubud. c. Kuta – tourist development, economic benefits, and cultural longevity

For more than four decades, the people of Kuta have got used to the idea of being a well-known tourist destination. Tourism and its related activities become very much part of their daily life. However, Kuta has not left its cultural foundations behind, despite tourism and globalization. Besides maintaining the existence of the two main institutions of the desa adat and the banjar (Desa Adat Kuta 1992, Kelurahan Kuta 1992), relationships between community members are also well maintained. Within the last two years, cooperation among community members has gradually strengthened. This is due to the krama adat jointly acting to block developments that erode their customs and rituals.

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The tourist industry has contributed significantly towards increasing the welfare and prosperity level of Kuta’s community (Kuta Focus Group 2001), it has also provided Kuta’s krama adat with a greater opportunity than ever to nourish their culture. Temple ceremonies, community activities and gatherings are well attended even with the busy schedules and demands on the livelihood of most members of the community from the tourism industry. People’s ability to renovate temples, refurbish community buildings, and maintain beaches is enhanced. Art performances and folklore are also well nourished. Every banjar in Kuta has a set of gamelan, a range of Balinese musical instruments that not every banjar in Bali can afford. Comparing Kuta and other non-tourist areas in Bali, such rewards would have never been possible for Kuta without tourism.

“…What happens to people when their village becomes famous, or infamous as a tourist ‘destination’? Almost anywhere in the world, the answer must be that they vanish as a community. Outnumbered and overwhelmed, they abandon traditional ways and try to adopt those of the newcomers. Many fail in this attempt, become demoralized and sink in degradation. The lesson of scores of encounters of this kind around the world is that the native way of life is lost – often tragically. The picture of original inhabitants reduced to alcoholism, drug addiction, prostitution, crime, sloth and misery is both common and accurate.

Kuta has refused to follow this universal route. Its few thousand villagers have been tested to the limit and have refused to succumb. Change has been enormous. Their sleepy village has become a disordered warren of hotels, restaurants, bars, shops galore, all along their long, long beach. It has grown without planning, and displays a not always engaging scruffiness. Not, at first glance, a place for cultural survival. But beneath that often seedy exterior there beats a heart which remains staunchly Balinese” (Mabbett, 1987: 30)

To some extent Mabbett is correct. However, support of the local people alone is not a guarantee of cultural conservation. Eroding impacts from outside forces, such as government ignorance, capitalist-market practices, and the impact of global culture cannot be overlooked. For example, cultural commodification has encouraged some community members to pay others to represent them during community obligations. Some krama adat substitute their obligation to ngayah with some amount of money, rather than being absent from night shift work at a hotel. There is also a tendency of the local youth to overlook local traditions, and to behave as if they are not part of Balinese society. For instance, they would not listen to gamelan, but to rock and roll music brought in by global tourists. However, balancing tourist development and cultural conservation seems much less attractive to government than the economic benefits brought by this development.

Kuta’s tourism makes this village a favourite place for private investors as well as a crucial economic asset to Indonesia and the self-interest of certain government officers. Kuta’s coastline and inland are crowded with various developments and related services to support tourism. The people of Kuta also have to deal with intimidation from those they refer to as the green inland crocodiles (army) whose major roles in running drugs and prostitution within the area are well known. This especially has happened when their Adat guidelines in regard to development along Kuta’s coastline are sidestepped by government for the economic interest of a particular group, and the decision has had to be supported in one way or another by military force.

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Having learnt from past negative experiences, the Kuta community has been challenged to be more protective about its own culture. Government approvals for developments that have interrupted their lifestyle have trained them to be more active community participants in comparison to other krama desa in Bali. One example is that the Kuta community has built up an internal defence mechanism by strengthening the authority of the desa adat institution and banjar to act as the representatives for community action, and the mediator between government and the krama adat. This has become a key to the prolonged success of Kuta sustaining its tourism and its society. d. Kuta – tourist development and internal economic migrants

Apart from tourists and a need to import skilled labour from a broader labour market, Kuta’s tourist development attracts economic migrants from Bali’s neighbouring islands. The only statistical data obtained to represent these migrants is for the year 1999, when 2,022 migrants were reported to have moved to Kuta (Development Planning Board of Bali 2000). It is highly likely that the number of unreported migrants exceeds this data, as there is no control taking place. They work in Kuta; carry on with their business; increase their invested capital; and at the same time enjoy the leisure Kuta provides. Kuta has become the honey pot, one that keeps luring more migrants to it. In the aftermath of this situation, the need for social and physical infrastructure is inevitably on the increase. e. Kuta – development on land and changes to land use

All of these factors have increased demands for land. According to the data collected for the year 2000 (Development Planning Board of Bali 2000), there are 372 star and non-star hotels in Kuta alone, with a capacity of 16,207 rooms. In the same year, there were also 265 restaurants. This statistic does not yet include development of souvenir shops and other tourist facilities, such as travel agencies, cargo handlers to serve the expanding textile export market, home industries, communication services, beauty and relaxation centres, etc. This data also has not incorporated housing development to cater to the growth both in local residents and economic migrants. Besides representing an increasing burden on Kuta’s existing infrastructure, all these development bring pressure on available land, as well as the environment as a whole.

All of these developments took place on a 1,117.45-hectare area of land (Workshop I on Strategic Structural Plan for Kuta 2001). The built up area of Kuta has averaged an annual increase of 4.5 % in the last half decade. To be precise, it was 39.94% in 1995 and it rose to a level of 67.25% six years later, in 2001. To illustrate this condition, Table 5.2 and Figure 5.2 compare Kuta’s land utilization in 1995 and 2001. Changes in land use patterns within this period are presented in Map 5.2 and 5.3.

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700

Land used for Scale (Hectare) 600

1995 2001 500

Housing 153.01 267.84 400

Accommodation 120.71 255.12 300

Services and trades 83.65 122.84 200

Other uses 88.96 105.64 10 0

Idle land 671.12 366.01 0 Set t lement A ccommo dat io n Services and Ot her uses Idle land Total 1,117.45 1,117.45 trades 19 9 5 2001 Land used for

Table 5.2 Kuta’s land use changes Figure 5.2 Kuta’s land use changes Source: (Development Planning Board 1995, Source: (Development Planning Board 1995, Workshop on Kuta’s future features 2001) Workshop on Kuta’s future features 2001)

Within a six year period, land for housing increased by 75 %. Land used for tourist accommodation also rose to a point of 111.34%. Within the same period, services and trades and other uses also multiplied their demand on land by 58.43%. Land used for hotels and other type of tourist accommodations were almost at the same level as that for settlement. All these increases have consequently encroached on vacant land, including open areas where community ceremonies, ritual and social exchange take place.

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Map 5.2 LandArterial use of Kuta road in 1995 Source: (Kuta's Workshop I 2001:10) Roundabout Main road Local road Future highway

Banjar hall Health facilities Industries and storages Idle land Sport field Government office Settlement and housing Schools Trade and services Religious space Army base and police Office Swamp areas Recreational areas Restaurants and cafes Central parking

Map 5.3 Land use of Kuta in 2001 Source: Site observation and Kuta's workshop I 2001 164

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In demonstrating patterns of land use change in Kuta, Map 5.2 and 5.3 show that the areas most in demand for development are along the coastline and roads. Development of the coastline is dominated by tourist facilities, and tourist accommodation. Alongside the roads, a more mixed development takes place catering to tourist accommodation, restaurants, shops, services, and trades. The development of areas for settlement is scattered almost evenly. During this six-year period alone, development activities converted almost 30 % of available vacant land. If development keeps taking place at the same speed (with a 4.5 % annual increase in built up area), Kuta’s landscape will soon be completely covered by development by 2019. This prediction might be extended as tourism significantly slowed down following the 2002’s Bali bombing, SARS (Severe Acute Respiratory Syndrome), Iraq war, terrorist threats, and the struggle in Aceh. f. Kuta – development and its impacts on territorial forms and cultural practices.

The impact of development on Kuta has been immense, especially on its coastal areas, where development on land is concentrated. This trend coincides with the distribution of temples, which for the majority are situated along these coastlines. Being a fishing community in the past, the krama adat of Kuta tended to build their temples closer to places where they work. Kuta does not have as much as tanah pelaba pura as other desa adat does across Bali. In a fishing society, reliance on beaches for subsistence is far greater than on cultivated land. Temple activities were consequently supported by fishing activities, and the existence of cultivated land reserved to support temples activities – tanah pelaba pura – therefore does not exist as much as in an agrarian based-society.

As fishing is no longer a means of subsistence, rights over beaches are held by the state, and therefore the existence of Kuta’s community temples along beaches are under threat. Further cases that explore the impacts of development activities on local culture in Kuta are presented below in two separate sections. f.1 Kuta – conversion of individual and collective territories

As Kuta has been fishing society, development cases that convert agricultural land into other uses are almost wholly absent. This thesis therefore focuses more on how collective territorial forms have their uses changed into other functions. These conversions mainly take place along the coastal areas, following the national spatial plan that rezones Kuta coastal areas from sacred sites into a zone for tourism. Almost 90 % of these areas have now been sold to private enterprises to build hotels (Kuta Focus Group 2001). Unfortunately, such land transactions neither considered the existing temples situated along beaches, nor spared extra space for temple related activities. Having regular community visits to the temples will bring frequent disturbance to hotels’ guests and their privacy. They tend therefore to be seen as counter productive to hotel operations.

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In some cases, Kuta’s krama adat were forced to build their temples on new sites. And on other cases, they stubbornly refused to do so. For example, construction of the Kartika Plaza hotel in Kuta cost Kuta’s krama adat their Sanggaran temple (Kuta Focus Group 2001). This temple was then rebuilt on a new site. Development of this hotel has also taken Kuta’s Piling-Piling cemetery (Kuta Focus Group 2001). The position held by the hotel to counteract community anger and disagreement was that the hotel management had a document to legalize its ownership over the land. Krama adat however had failed to register this land as part of adat land. They had never envisaged that one day the state/government could take over and sell their beaches and temples. As a further consequence of this failure, Kuta may have also to remove their Pakenungan temple whose ownership is now held by group of private investors (Kuta Focus Group 2001).

Photo 5.11 Sanggaran temple and Kartika Plaza hotel

Apart from beaches, Kuta’s alun-alun (community squares) has also been converted into an art market (Kuta Focus Group 2001). This development on the one hand has provided space for the community to trade their handicrafts and art related products, which would keep their economy going. But this does not mean the need to enhance their economy should neglect concern for other interests, such as the provision of space for the community to socialize, learn, and play. The development plan and its control system should be seriously concerned about balancing the requirement for development with that of cultural conservation. f.2 Kuta – interruptions to cultural practices held within the domestic realm

Major interruptions to the domestic realm in Kuta also come about by modification of house compounds from a home for the family and its cultural activities into a place that also accommodates tourists. Many house-related cultural practices are simplified to suit this new function. For certain household ceremonies, the use of the actual gamelan may be substituted by recorded gamelan in order to keep the volume down. The complexity of the procedures involved in the ceremony may also be modified to reduce the lengthy time that may disturb tourists residing at

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the house. For privacy, meetings between household members are no longer held in the courtyard where it used to be, but inside the pavilion.

In fact, almost all houses along the main roads in Kuta have followed this trend. In doing so, some keep the traditional compounds, but expand the size of each building. Others convert both traditional arrangements and the function of the compound. One component that people in Kuta have always maintained in which ever way they arrange their house is the family shrine, which is always sited at the northeast direction of the house. As some have expanded their house vertically, this shrine tends to be placed at the highest floor of the house to protect its sacred value. All of these modifications and extensions have usually been done with a high appreciation of traditional aesthetical elements by adopting a Balinese style of sculpture, relief, carvings, and the use of local building materials.

Similar to those happening across the island, further interruption is caused by the presence of restaurants, shops, and offices, and tourist accommodation along the roads in Kuta have added to the volume of traffic and people who use the same roads. Unfortunately, several cultural parades and religious ceremonies that are held along the lines of community pathways, have to share the same roads, or even sometimes have to use alternative lines to avoid possible conflict and danger from traffic. f.3 Interruptions to collective cultural practices

In Kuta these mostly resulted from the absence of appropriate mechanisms that control development on land in order to protect the existing territory. This was clear for example when the development approval for the Holiday Inn hotel was given, though the hotel was proposed to be constructed in proximity to Kuta’s Celuk Waru temple.

Photo 5.12 Celuk Waru temple and Holiday Inn hotel

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To the krama adat, this hotel is using the temple as a barrier to protect itself from erosion caused by seawater (Kuta Focus Group 2001). Hence, Kuta krama adat do not lose their temple, but have to cope with the conflicting requirements of hotel activities.

Similarity to the above example, Kuta’s Dalem Tunon temple is also situated within the Dynasty hotel, grounds. Access to this temple has to be obtained via the hotel (Kuta Focus Group 2001). On one side, the local community go to the temple nicely dressed with colourful offerings on their head. The hotel guests on the other side watch this parade as a novelty while swimming in the hotel’s swimming pool wearing skimpy bikinis.

Photo 5.13 Dalem Tunon temple and Dynasty hotel

Another temple that has been interrupted by development is Kuta’s Dalem temple. Development of Matahari Kuta Square has overwhelmed the presence of this temple due to its proximity. Local people find it a serious inconvenience, especially when the preparation for a temple celebration is on the way. The quiet and peaceful environment required for temple ceremonies has been eroded by high noise levels resulting from the operation of this shopping mall, a major commercial centre in the area.

Photo 5.14 Dalem temple and Matahari shoping centre

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This concludes explanation of specified problems in Kuta. A further description of issues raised in the Kuta focus group is contained in appendix 1. The next case study is that of Ubud.

5.2.2 Ubud

Ubud is an inland town situated on a steep cliff slope. Unlike Kuta, which is well known for its remarkable beach, Ubud is well recognized as a melting pot for Balinese art and traditions that strengthen its culture. Walking along the roads in Ubud one is faced with an endless show of cultural activities. We can see temple ceremonies and the sound of gamelan; men and women heading to the temples with offerings of on their heads; a little girl putting out the daily offering in front of her house compound; people chatting and enjoying the local food sold in the stalls, while others are busy bargaining in the market; a group of teenagers busy painting to earn a modest income for school fees; art exhibitions and galleries; meanwhile in the royal at Ubud, a group of people are involved in a serious discussion to work out dewasa melah – the best day for particular activities according to the Balinese tika. These are part of Ubud’s daily life. a. Ubud – history

The historical perspective on this second case study cannot be separated from the arrival of Mpu Markandeya in Bali (see Chapter 3). In his effort to establish a new settlement and meditation centre, he and his people cleared away the forest around the Campuhan river (see Figure 5.6). He distributed land for housing and farming among his followers. This new area was then named Ubud. And the Campuhan River has become a means of irrigating for the cultivation of wet paddy fields scattered across the village.

Besides the determinant role of the desa adat institution in governing Ubud society, the role of the Ubud monarchy has also been prominent since the late 18th century (1872). The first king governing Ubud was Ida Tjokorda Gede Putu Kande, who originated from Klungkung kingdom, east of Bali. This governmental arrangement was then added to the Dutch system that organized Ubud as a perbekel – a governmental system at a village level invented in 1922. To a large extent, this change did not affect the position of the Ubud monarchy and the desa adat institution, which continues to contribute towards Ubud’s governance even today.

Members of the Ubud monarchy in particular, have been respected as a local wealthy elite group as well as local experts, who are knowledgeable on local issues. They are consulted prior to the implementation of plans proposed either by government or Ubud krama adat. People come to the puri (palace) to seek advice as to how best to overcome social problems encountered within the community. When the field survey for this study was conducted in 2001, the leader of Ubud’s desa adat was Tjokorda Gde Agung Suyasa, a member of the Ubud monarchy. Other members of the

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monarchy as well hold prominent Adat positions. Due to their well-established privileged access to government, members of this monarchy often become the best community representative to mediate conflicting needs between Ubud’s krama adat and government. On the other hand, it is frequently difficult for the monarchy to simultaneously and fairly represent the government and the people. One man cannot serve two masters. b. Ubud – a home for artists

The remarkable reputation of Ubud began in 1930s when Walter Spies, a German artist, decided to establish his home next to the Campuhan River. The serenity of the village, and the unique forms of interaction among the villagers had always been the inspiration for his paintings. All this was indeed what attracted him to make Ubud his home. After Spies, Rudolf Bonnet also made the decision to live in this village. Artists Hans Snel, Arie Smith and Antonio Blanco were next to follow. The Campuhan River was then the place where the process of acculturation in art took place between a group of local artists and these western artists, who gathered to combine local and western styles in painting (Ubud Community 1983, Pendit 1994, Bali Planning Development Board 1996, Kelurahan Ubud 1999). This meeting resulted in the emergence of new painting styles called ‘The Decorative Style’ and ‘Young Artist Style,’ whose stimulus continues to inspire most artists in Ubud, today.

This encouragement brought a new era to the development of art, especially painting, to Ubud. Young artists in Ubud continued to increase, and Ubud succeeded in producing well-known Balinese artists, such as A.A. Gde Sobrat, Gusti Nyoman Lempad, Gusti Ketut Kobot and Ida Bagus Made. Up to the present time, painting has indeed increased its allure in the heart of Ubud people. Art therefore contributes to Ubud having long been well known as a home for artists in Bali – kampung seniman. This is now a trademark for Ubud, which differentiates it from other villages. c. Ubud – a major tourist destination

Ubud’s art industry is not only attractive to artists, but also to tourists. A continuous show of cultural traditions, green paddy fields scattered throughout Ubud’s landscape, and its elevation giving coolness to the air, have all contributed to Ubud having a special place in the hearts of tourists. Such a unique environment is not found in any other village in Bali. The instigation for tourism in Ubud was the conversion of Spies’ residence in 1970 into a hotel that is presently known as Campuhan hotel, by a member of the Ubud royal family. This was the year when tourism in Ubud underwent a crucial development (Vickers 1994), whose renowned image as a major tourist destination in Bali has remained uncontested since then.

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This situation has encouraged the national government to assign Ubud as one of the major tourist centres in Bali. This Role is frequently reemphasized by national government policies: as in the Governor’s Decision Letter, Local Government at the Provincial Level No. 528/1993 as an action of perfecting the Governor’s Decision Letter, local Government at a provincial Level No. 15/1988. Since then, Ubud has been developed and widely promoted as a major tourist destination along with Nusa Dua and Sanur. Due to these and other factors the increasing number of tourists, private investors, and government involvement in Ubud development have become apparent (Ubud Focus Grup, 2001).

There is no clear statistical data that shows these increases, but the expanding number of hotels and other tourist related amenities can be used as an indicator. According to statistical data recorded in 1998, there were 34 hotels, 150 home stays, 34 restaurants, 81shops, and 94 art shops situated in Ubud (Statistical Board of Bali 1998). The figure for tourist accommodation in 1990 was only slightly more than one tenth of that in 1998: 5 hotels, and 12 home stays (Bali Statistical Board of Bali 1990). There is no current statistical which accounts for the present tourist amenities in Ubud. d. Ubud – tourism, economic benefits and cultural longevity

As in the case of Kuta, tourism has enhanced Ubud’s economy significantly above that of other non-tourist areas. This has allowed Ubud’s krama adat to financially support and nourish their culture, and to maintain temples and other public buildings. The sustenance of traditional associations in the form of sekeha is well maintained in this community, especially those that relate to painting and dancing. But fear of the eroding impacts brought by the tourist industry to their culture is omni-present, as well as a concern over self-reliance of Ubud krama adat to counteract such impacts. Having learned from various impacts on local culture similar to that of Kuta, Ubud encounters impacts of global culture brought in by tourists, as well as culturally insensitive development plans that have been prepared by national government. In order to counteract this situation, Ubud’s Adat system and its desa adat institution have been strengthened by various measures (Ubud Focus Group 2001).

As a preliminary action, Ubud’s desa adat institution, together with krama adat and a member of the Ubud monarchy rewrote the Adat guidelines in Latin, and translated them both into both Bahasa Indonesia and the Balinese language. To socialize knowledge of these guidelines, each household is given a copy, including government and prospective investors. These guidelines are regularly updated to accommodate changes taking place in society. This updated version of the adat is named ‘perareman’ (Ubud Focus Group 2001) and has been incorporated within the krama adat meeting. This has been a key development strategy in Ubud.

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The perareman allows the evolution of a unified position within the community that leads them in overcoming development obstacles. It also enhances community participation and cooperation that train the krama desa to be proactive rather than waiting for problems to arise. This local participation is at the same time substantiated by the realization that Ubud’s economic dependence on tourism increases overtime. The tourist industry in this village would never exist without their support of unique art and culture (Ubud Focus Group 2001). Overall, Ubud has assembled an institutional framework that mitigates against practices which promote interfering and dominating development, in ways that solely benefit investors and corrupt government officers, but are not aimed at improving the for the majority of krama adat. e. Ubud – tourism and internal economic migrants

As in Kuta, tourism is booming, and the number of internal economic migrants in Ubud is escalating. Again, there are no statistics to substantiate this statement, but the focus groups held in Ubud demonstrated a great need for government action to control the flow of these migrants to the area (Ubud Focus Group 2001). As job opportunities are limited to particular groups of economic categories, these migrants who do not fulfil such qualifications bring about a social and economic burden to the area. Anyone visiting Ubud regularly will see beggars starting to occupy main streets, scenery that was not found prior to the 1998’s economic crisis.

People in Ubud are very concerned about this issue. They fear that beggars will indeed bring crime and inconvenience to tourists to an extent that costs Ubud its tourism. Some of these migrants manage to reside in Ubud, and some are accommodated by villages situated in proximity to Ubud, but who go to Ubud for opportunity. The latter group is increasing, since the cost of living in Ubud is much higher than that outside. To control the increasing flow of migrants to Ubud cannot be expedited without national assistance. The problem should be shared, and collaborative works between Ubud and its neighbouring villages would be one way to begin.

Responding to this option, local government involvement, both at level I and II would be necessary. Migration from one place to another within the country is beyond desa adat authority to handle. It involves matters relating to national integration and people from other provinces, Javanese in particular (Ubud Focus Group, 2001). The Indonesian government should step in and be in charge of this matter, before it causes further damage, such as conflicts that happened between Maduranese migrants and the Dayak tribe in the southern part of Borneo in 2000. f. Ubud – development on land and changes on land use

Time has passed, and Ubud has grown to be a busier place than ever before. Various sectors, tourism in particular, continuously reconfigure diversity and complexity of development interests

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and activities within the area. As happens in most villages in Bali, all of these consequently bring changes to how land is utilized. Development of luxury hotels, dozens of home-stays and bungalows, eating places, art shops, art galleries, and banks, are growing in line with the needs for housing, government offices, and social and physical infrastructures. With more tourists, investors who seek the opportunity to expand their capital; the people of Ubud who try their best to get involved in the industry; and also the migrants struggling to find a slot where that they can participate, development on land in Ubud has intensified to a degree that squeezes existing land used for rice production, the main subsistence crop that has contributed to Ubud’s attractiveness to tourists. The beauty of the traditional way of life is disappearing, taking the scenery with it.

Table 5.3 and Figure 5.3 below exhibit the latest updated statistical data gathered to demonstrate changes in land uses in Ubud between the year 1990 and 2001. While significant losses of agriculture land, both wet and dry cultivated fields, and idle land are apparent, the increasing use of land for settlement and other uses is also obvious.

450 Land used for Scale (Hectare) 400 1990 2001 350

300 Wet cultivated 438.50 299.91 land 250 Dry cultivated 179.60 130.65 200 land 15 0 Settlement 81.21 269.24 10 0 Others 14.69 73.61 50 Idle land 18.92 6.51 0 Total 779.93 779.93 Wet cultivated Dry cultivated Settlement Others Idle land land land

19 9 0 2001 Land used for

Table 5.3 Ubud’s land use changes Figure 5.3 Ubud’s land use changes (Kelurahan Ubud 2000, Statistical Board of Bali 1990) (Kelurahan Ubud 2000, Statistical Board of Bali 1990)

Within this period Ubud lost 31.6 % of its wet cultivated land. Dry agricultural land had experienced a major decrease of 27.25 %. The scale of idle land has also experienced a decrease by 63.59 %. Most of these losses are due to development on land for tourist facilities and housing that significantly increased its share by 231.53 %. Land used for others including market, shops, physical and social infrastructures also rose by a staggering 401.01%. Given these data, the conversion rate of the cultivated land and idle land is estimated to be approximately 33.01 % per decade. If this estimation goes at a steady speed, Ubud krama adat will be able to maintain its traditional subsistence economy for only another three decades. Tourists with any luck will at most have the opportunity to enjoy the green scenery of the paddy fields for the next thirty years, before their presence (what they come to see) is destroyed.

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Map 5.4 and Map 5.5 illustrate land use changes in Ubud within a period of 1995-2001. Unfortunately, efforts to search for maps on Ubud’s land utilization for the year 1990 have been made without success. The 1995 map is taken from the Bali Development Planning Board’s map collection of the Gianyar district. The one for the year 2001 is drawn from a physical survey conducted in 2001. In line with Kuta’s expansion, most development takes place along the main roads and areas that have good scenery, such as sites along cliffs overlooking terraced paddy fields, or those with scenes of natural beauty.

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Map 5.4 Land use of Ubud in 1995 Source: (Kelurahan Ubud 1999: 5)

Housing Medical services Community hall Garage Dry farmed area Government Shops / market Sport field Wet farmed area School Hotel/commercial accommodation Temple Cemetery

Map 5.5 Land use of Ubud in 2001 Source: Site observation

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Comparing the three decades estimated time left for Ubud, and 15 years for Kuta, it is noted here that Kuta is faced with significantly accelerated development on land-related activities. This situation is likely caused by the higher number of tourists visiting this area. There are series of arguments to substantiate this position. First, Kuta’s geographical position being only one kilometre away from the gateway to Bali makes the area more accessible to tourists, especially those who plan to only have short visits. Second, while culture is a major attraction of Bali’s tourism, Kuta’s spectacular beaches are bonuses that Ubud does not have. One may argue that this second reason may not be true, since it does not apply to Nusa Dua or Sanur, whose amazing beaches do not absorb as many people as Kuta does. The third reason is that Ubud tends to be classified as place that caters for tourists from a higher economic class. This type of place is less affordable by the majority of young travellers who visit Bali.

Besides these three reasons, the existence of local experts from the Ubud royal family has also made a crucial contribution in controlling the speed of Ubud’s development. Expertise on Adat, various local issues, and their prominent positions on several government boards at both national and local levels, consolidate the royal family members’ position as important negotiators who are able to address government and its allies (private enterprises) interests. One may observe that the royal families have more of a bargaining position than the desa adat institution in the eyes of government. Kuta unfortunately does not have such a group that defends its social interests. So despite the wealth of Kuta, it does not have as many defensive mechanisms as Ubud. g. Ubud – development and its impacts

Physical observation conducted in Ubud and group discussions held in this desa adat did not suggest any major loss of public space such as, temples, cemeteries, and community squares, as happen in Kuta. This condition is inextricably linked with the fact that the Indonesian state shares much less sole ROL in comparison to its prominent share in rights over areas along Kuta’s beaches. The state still has joint rights over tanah desa and tanah pelaba pura in Ubud, but its rights are restricted by a strong position of Ubud desa adat institution, backed up by members of Ubud royal families.

Ubud krama adat however agreed unanimously that rapid tourist development has crowded their village. The major occurrence that has been part of people’s daily life for the last decade, is traffic congestion along Ubud’s main roads. Tourists transport and ordinary vehicles, villagers, migrants, and ceremonies all share relatively narrow roads, which were not designed to accommodate the recently increased traffic loads. The worst congestion usually happens in the heart of the village, where Ubud’s community market, community hall, and royal palace are situated. The local government at level II in Gianyar and desa adat Ubud have not yet surfaced any solution to overcome this problem.

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Photo 5.15 Ubud’s market and its traffic congestion

g.1 Conversion of agricultural land

As Ubud does not experience severe land use conversion of community spaces, this section focuses on the conversion of agricultural land. Ubud krama adat pay great attention to this issue. The greater fear revealed within focus group discussion held in the area is that conversion of paddy fields into hotels has caused further loss of subak association and Dugul temples. These two cultural components will be unnecessary when the subsistence system is changed. The older generation in the majority is concerned about these losses, but has no authority to prevent krama desa to sell their paddy fields to investors.

As it has been demonstrated in Chapter 3 and 4, this circumstance works against the past Adat related practice. When community members were only endowed with rights of use over cultivated land, community consensus was a prerequisite before these use rights were transferred to other krama adat. In order to remain in control of its territory, Ubud desa adat institution has stated in one of its perareman that every potential land transaction should consult first with this institution. Transformation of land ownership is strongly opposed. Transformation of use rights through legal renting mechanisms is the advised method. The latter alternative is aimed at sustaining krama adat’s interests over finite resources, knowing that they will get the land back when the legal contract ends. g.2 Interruptions to domestic cultural practices

Ubud also experiences great disruption to cultural interactions held at the household level that first occur by the extension of telajakan to sites for small commercial use, and second to the extension of houses as a place for family activities and tourist accommodation. As such development has become endemic, this issue became a major concern addressed within the Ubud discussion group. Almost all houses along the main roads have been extended to cater for these functions. The fear is that soon Ubud will turn into another Kuta. Since Ubud’s krama adat are very keen on conserving

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their traditional way of life, they expect a new means of regulation to be composed to prevent further erosion.

In reality, the use of telajakan and houses for commercial uses mean that the krama adat would have to amend traditional design guidelines for house compounds guided by the Asta Kosala Kosali. The size of the building is one obvious example that will have to be adapted when a house is used as tourist accommodation. The basic argument here is that the house will no longer be built based on the bodily scale of the owner, but will adopt the metric scale of tourists. Other design details, materials, and finishing would also be modified as well as the physical layout and use of space. Since the number of houses converted into tourist accommodation is increasing, it is likely that this trend will inevitably impair the application of the Asta Kosala Kosali. g.3 Disruption to collective function

Active involvement of the Ubud krama adat with development in their area has also generated some forms of defence for communal territory. No single development case has been reported which has interrupted cultural interactions within temples, community squares, desa adat and banjar halls. Approval of development plans that impair Adat related practices around the area has not yet occurred. Land reserved for social interests goes on side by side with the development of tourist facilities. This is not to say this situation will always exist for Ubud. Given Ubud’s role as an international tourist destination, its cultural resilience will always be challenged, either by internal or outside forces. A major concern here is how to maintain and enhance the resilience that Ubud has so far demonstrated.

A further description of issues raised in the Ubud focus group is contained in Appendix 2. The following case study will be Tenganan.

5.2.3 Tenganan

This third case study is situated in the Karangasem district, to the east of Bali. Travelling on the main road from Denpasar headed towards the Karangasem, you arrive at a point approximately two miles away to the west of the Bugbug mountain. From here, there is a road heading north that leads to the village of Pasedahan, which is adjacent to the village of Tenganan Pegeringsingan – known as Tenganan. Apart from being bordered by the Pasedahan village, the territory of Tenganan is bounded by massive forested hills.

Tenganan desa adat is included in the Indonesian Living Cultural Heritages list being an original native village of Bali. In theory, this means neither national nor local governments have the opportunity to impede the application of Tenganan’s Adat systems. The Indonesian government however enforces desa dinas side along local adat institutions. This action is substantiated to bridge

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differences between the state/government and the village, but it is obviously a contrived method to reserve government’s control. a. Tenganan – a desa Bali Aga

Being a native village (desa Bali Aga), Tenganan has unique and distinctive cultural practices in comparison Kuta and Ubud. Given such circumstances, only this section will use Hall’s Matrix to explain the situation in Tenganan because it is a special case within Balinese society as a whole. In addition, this section will only stress those features of Tenganan social structure that are not shared with other desa adat, starting with primary message system (PMS) of territoriality.

Territoriality. Since prehistoric times, land in Tenganan has always been regarded as the absolute possession of the village’s ancestors. The management and distribution of land lies in the hands of the desa adat institution. This institution is conceived as being the representative of the ancestors, and has the capacity to manage the community as well as to best meet the villagers’ needs for land: land for settlement, subsistence system, temple, community activities and land for reasons of environmental protection (forest sustenance). Every member of krama adat is entitled to use land for a house compound and land cultivation. This use right however cannot be either transferred, pawned, or sold, to other individual/s who does/do not belong to the Tenganan community.

The Desa in Tenganan has a completely different manifestation with regard to its appearance in comparison to the other desas in Bali. The territory lies from the north to the south, and is twice the size from east to the west. It roughly covers an area of 12.5 hectares. The whole of the desa is unique, and arranged to fit a linear design pattern. The houses are fitted into three main rows. Each row has two blocks of land forming the overall house compound that are divided by the three roads. These roads are referred to as the awangan, which is relatively not much different in size. Apart from being a space for circulation this awagan has a significant meaning in the daily life of the community, where community facilities are allocated, i.e. bale agung, bale patemuan, temples, market, jineng, balai banjar, wantilan etc. The importance of awangan leads Tenganan people to treat this space as a holy zone. This apparently does not follow the concept of Tri Angga commonly practiced by most villages in Bali.

On both sides of the awangan there are streams of running water. These streams channel the water that flows from the front gutter of every house compound. At the back of the block there is also another stream to channel water from the back gutter of the house. Since the desa slopes sharply downward to the south, the streets are terraced. The transition between one to the next consists of steep steps built out of river stones. Further information on this linear design pattern of the Tenganan desa adat is shown in figure 5.4

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Balai banjar tengah

Balai banjar kauh 1

School Balai lantang

Wantilan Balai banjar kaja

Balai patemu kaja

Balai banjar kauh 2

Housing blocks

Balai patemu tengah

Main awangan

Balai patemu kelod

Balai banjar pande

Balai Agung

Balai banjar kelod

Tenganan art market

Entrance to the village

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N Figure 5.4 The linear design pattern of the desa adat of Tenganan

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Interaction. Interactions among community members in Tenganan are in conformance to Adat systems. Failure to do so results in strictly enforced fines, such as the obligation to pay some fine, being isolated from community activities, not being allowed to enter sacred territories, and forced to reside at a particular area. There is no negotiation (bribery, corrupt practices, etc.) when it comes to obeying the Adat. This situation is made possible for two main reasons. First, the absence of government intervention provides the community with freedom to express its own moral and social values, and to practice them accordingly. Second, eagerness of the community to work towards conserving their Adat is a mandate inherited from their ancestors. While the latter reason is commonly shown by other desa adat in Bali, the first is absent. As it has been frequently demonstrated, government intervention in many forms has impaired adat practices or even marginalized them.

Unlike Balinese society in general, Tenganan does not recognize the caste system, and it is a paternalistic society. Women automatically join their husband’s family’s groups after the wedding ceremony. Once a couple is united in matrimony, the groom will leave his parent’s compound, and head towards a new housing compound provided by the desa adat. The newly married couple is also provided with an area of wet and dry cultivated land to work on, which means they are members of the desa adat. There are 220 housing compounds available across the village, which have not been filled. Since the last population census held in 1993, Tenganan’s population consisted of 595 people, 294 of them male and the rest female (Tenganan Focus Group 2001). Together they have built 218 households. This shows that population growth has never been a problem in this village.

There are three types of inhabitants in this village. First, krama desa suci/inti which is comprised by most members of the community. Second, krama gumi pulangan which consists of the krama desa inti, who do not conform to the Adat, including Tenganan males marrying ladies from non- krama desa suci. Third, krama desa angendok, people who are classified as neither krama desa suci nor gumi pulangan. This last group consists of migrants, who stay temporarily in Tenganan. These migrants will not be in the village, unless they are invited by the krama adat for specific reasons, such as their contribution is urgently needed to help Tenganan with their annual ceremonies, to assist Tenganan with new skills in improving their artwork, land cultivation, and sanitary system. This strict rule in governing migrants brings zero internal economic migrants from Bali’s neighbouring provinces, and hence no opportunity to overpopulate the physical and social infrastructures Tenganan. This is an exceptional case in comparison to contradictory situations Kuta, Ubud, and other villages in Bali, and suggests how other areas might remain intact.

Social classification does not prevent interaction between each group. But Adat strictly regulates that only krama desa suci are entitled to join a monthly adat meeting held in Balai Agung – a sacred

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and well-decorated community building built along the centre of Tenganan’s linear settlement. Apparently, this meeting is the most important adat gathering to discuss and decide matters, important to community life. Further common territories that allow interactions among these groups are balai banjar, balai patemuan, balai agung, market, bale lantang, temple, wantilan, etc.

Photo 5.16 Balai Agung of Tenganan

Association. There are three kinds of community associations in Tenganan, whose forms are fixed and strictly regulated by Adat:

1. First, there is the territorial community association requiring compulsory membership, such as banjar and desa adat institution. Refusal to belong will bring about a complete loss of rights, such as not being allowed to attend the monthly adat meetings held in Balai Agung; and not being entitled to own a house compound including cultivated land.

2. Second, non-territorial associations to which the members of the community belong to by marital status, such as sekeha teruna and sekeha daha.

3. Third, voluntary associations formed by the villagers with common interests, such as the subak and sekeha, such as sekeha ngigel (dance), sekeha megambel (music), and sekeha patus (a group of people getting together with the common interest of being a financial collective, or for other items). All social associations in Tenganan are clearly defined.

Tenganan also has three banjar: Banjar Kauh (west); Banjar Tengah (middle); and Banjar Pande/Kastale. The Banjar Tengah is divided into Banjar Tengah Kelodan and Banjar Tengah Kajanan. The existence of these banjar relate to settlement of the three types of krama desa Tenganan. Krama desa inti are allocated in the Banjar Kauh and Tengah. The krama desa gumi pulangan and krama angendok are resided at the banjar kastale/pande. Each banjar has its balai banjar (banjar hall). Banjar roles and services are widely subordinate to the desa adat and its services. As with the desa adat, the tasks of the banjar are partly secular. During the various community festivals, each banjar is responsible for the ceremonies being conducted in an orderly way. Further tasks of these banjar are to care for the cleanliness of the village, especially in ensuring the cleanliness of the water channels.

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The adat leadership of Tenganan has a significantly different structure than that of most other villages in Bali. Interestingly, all members of society have roles in the leadership, which are clearly defined into five groups of prajuru adat (Interview with Jero Mangku Teganan on 80/02/01). There is no election process in choosing members for the adat leaders. It is based on the status of matrimony. Each man qualifies immediately as part of this desa adat leadership when he gets married. Consequently, with further marriage in the community, opportunities exist for earlier members of this leadership to move from their current positions into a more senior role. With a small number of marriages in the community, it often takes quite a long time for this movement to take place. All these arrangements are strategic efforts that encourage every krama adat to learn and take action in every issue of significance to the community, before entering this leadership. The absence of elections has also prevented certain practices, such as bribery in choosing the adat leaders.

The first group among those five prajuru adat groups is Luanan, whose roles are the most important in comparison to the other four groups. This group has five people, who are responsible for the advisory and control duties. They are the most senior and respected group in the community. Below this is the second group named Bahan Roras, consisting of twelve people. Six of them are referred to as Bahan Duluan/Kelian Desa, whose duty it is to plan and govern the village on a daily basis. Among these six individuals, two of them – the most senior ones based on the status of matrimony – will be the Tamping Takon, who act as the core leaders of the Bahan Duluan. The other six members are called the Bahan/Tebenan whose role is to replace any member of the Bahan Duluan.

The third group is called the Tambalapu Roras. It consists of twelve individuals, who act as community couriers, to pass on and distribute information about decisions made during the community meetings. Half of them are named as Tambalapu Duluan, and the other half as Tambulapu Tebenan. Only four persons are required each month, and they take turns in doing this duty. The fourth group is Pengelundupan, the first leadership group that new married couples join in. Its main duty is to cater for the provisions of the community by collecting requirements (banana leafs, coconuts, fruit, wood etc.) from the community’s cultivated areas. The last group is referred to as the Nandes, which has one person residing at the Banjar Pande/Kastala. The role of this person is to ensure that the cleanliness of the village is regularly maintained, and to take care of community tools and property. Each of these five groups uses balai lantang as a venue for meetings.

Other forms of social associations in Tenganan are the youth associations: sekeha teruna (boys association) and sekeha deha (girls association). Every boy and girl in krama desa inti has to be a member of either one of these associations. Membership is no longer valid for several reasons, such

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as, she/he gets married, resigns after 13 years of being a member, or for medical reasons. The roles of the youth associations are very important to the community in Tenganan, especially during the village festivals (Korn 1933). Each sekeha teruna owns a hall named the bale petemuan – a building whose beauty is similar to the bale Agung. And each group is provided with a set of gamelan selunding – a musical instrument that is unique to Tenganan.

Subsistence. Tenganan is an agricultural society, dependant mostly on land cultivation, both wet paddy fields and dry land cultivation. Statistical data collected in 1993 shows that among the 530 people who comprise the workforce in Tenganan, 78.99 % of them are farmers. The rest are involved in trade (5.2 %); carpenters (2.98 %); handicraft (9.69 %) and civil servants (3.12 %) (Engineering Faculty of Gajah Mada University 1993). Each krama desa inti/suci and gumi pulangan who is subsequently provided with a piece of agricultural land after marriage usually leaves the cultivating activities on this land in the hands of penyakap (sharecroppers).

Apart from this, the krama adat are also provided with the produce harvested from the tenured cultivated land held by the desa adat institution on behalf of the village. This land is named as tika. Each group in this society has its own tika. For instance, those belonging to the luanan group reap the harvest from two plots of tika. The first three individuals who belong to the bahan duluan group receive the harvest from two plots of tika. The other three of them who belong to the same group receive the harvest from only one plot of tika. I assume that this is the reward given to the villagers commensurate to the level of tasks performed in running the desa adat.

All desa adat activities are funded from land cultivation whose tenure is held by the desa adat institution. In line with desa adat, sekeha teruna/daha has a similar form of funding, though it is a smaller amount than that of the desa adat’s. They have their cultivated land whose cultivation is left to the sharecroppers. Acting as the parent body, the desa adat used to reward the sekeha teruna/daha with an extra share of the harvest for its participation in particular village activities. At certain points the desa adat has had to use the same resources with the sekeha teruna/daha, when shared activities have taken place. These arrangements enrich the youth associations and enable them to finance their activities.

Bixexuality. Provision of balai petemuan especially accommodates boys’ activities, but none is provided for girls. This shows that the Tenganan community is more concerned about boys’ welfare more than it is for girls. This action is a reflection of a patrilineal society. While females concentrate on household duties, males represent their family in taking part in adat leadership groups. Female involvement in this institution may only be considered in substituting for her husband’s absence. The society is therefore designed to provide maximum opportunity for males as part of preparation to enter the adat leadership group.

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Temporality. Each community event in Tenganan is scheduled by a specific calendar which is based on the Hindu solar lunar system of the Caka year. Tenganan does not use the Wuku-based year, which together with the Caka year, is also complied to by other desa adat in Bali. This absence strengthens the argument stating that historically the Majaphit (Java) influence did not reach this village. This statement is also reinforced by the absence of a caste system which is a major force for social stability within Balinese society, brought in by this Javanese kingdom.

Learning. The learning process in Tenganan society takes place before one enters adat the leadership group. The sekeha teruna/daha are two community associations that aim at supporting this process. Sekeha teruna for instance is divided into two different groups. The first is the sekeha teruna nyoman, a training college for the boys before commencing their membership in one of the other three boys associations, according to their geographical areas of birth. Those three associations are the teruna nyoman temu kaja (north), teruna nyoman temu tengah (middle), and the teruna nyoman temu kelod (south). Bale patemuan becomes an important form of space for these learning activities.

Girls on the other hand have three main associations: sekeha daha nyoman, sekeha daha nengah, and sekeha daha wayah. The girls will only be able to join the higher sekeha after passing the learning process at a lower level. For instance, to be a member of sekeha daha wayah one must have finished her learning process at the sekeha daha nengah and sekeha daha nyoman. And to be a member of sekeha daha nengah, one should pass the learning process at the sekeha daha nyoman. Being a member of either the girls or boys association allows one to learn about matters related to the Adat, and other essential features of their community. Their activities fully support the desa adat institution, and the desa adat in turn always rewards these youth associations for their involvement in various community activities.

Play. Awangan and wantilan (community hall) are the most common territories where Tenganan community play and have fun. Apart from other forms of play previously described (see Chapter 3), the most game native to Tenganan is perang pandan – a game where two people are pitted against each other, both are provided with shield as a protection, and a bundle of thorny pandan leaves that is used as weapon. Each will try to inflict as much harm on the other person who tries to defend himself with the shield. This game is regularly held, participated by the whole krama adat (the most involved occasion in the village), and takes place at the bale agung.

Defense (that includes healing related practices, religion, housing, etc.). Practices related protective actions to defend krama adat from possible harm (extreme climate, illness, natural disasters, crimes, social abuse, ‘immoral’ behaviour/thoughts, etc.) in Tenganan are to a large extent similar to those that exist in other desa adat in Bali: religious practice, institutional and Adat practices, designing places to shelter from harsh weather conditions. In relation to religious practices,

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Tenganan does not have the three main temples (Tri Kahyangan Tiga) that other desa adat in Bali have. This difference results from by the absence of Markandeya’s influence on this village, as it is the case of Majapahit. Likewise other villages, temple activities in Tenganan have occupied large parts of celebrations the community regularly holds. Sacred values of temple and its surrounding are also not any different to those that exist in other desa adat in Bali. All these practices are supported by Tenganan Adat systems and their institutions.

While the importance of the Adat systems and desa adat institution in this desa Bali Aga has been apparent, this has indeed supported a creation of defense systems that protect the society from internal harm (i.e. social abuse) and outside force (i.e. culturally insensitive actions of either government or private financial investors), which may disturb the harmony the society has lived with for centuries. Bale Agung becomes a substantial territorial form to accommodate activities that relate to the function of desa adat institution, development and amendment of the Adat.

The next defense practice in Tenganan is the existence of the housing compound. The size of each housing plot is around 20 yards in depth and 5 yards wide. The composition of buildings in this compound is significantly different than that presented in Chapter 3. The concept of Tri Angga and grid do not apply here. As the village is designed in a linear pattern, houses in Tenganan are oriented toward awangan. This subsequently substitutes the position of the northeast direction in contrast to most krama adat in Bali. The concept of Asta Kosala Kosali is also not valid in this case. While it is not the intention of this thesis to explain the intricacies of house design, Figure 5.5 also provides an illustration of how Tenganan’s house is oriented.

1 2 1 3 Notes: 3 3 3 1. Front awangan 2. Back awangan 3. A house compound 4. Linear block of housing

Orientation to the back awangan

Orientation to the front awangan

4

Figure 5.5 Orientation of houses in Tenganan

Exploitation. There are two distinctive forms of behaviour in conjunction with exploitation and territoriality in Tenganan. The first is that the village has been designed in a linear form, with awangan being the major space for interaction among villagers, as well as the means for circulation

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from one end to another. This pattern is aimed at first gaining benefit from the long site where the village is built. Second it is intended to provide krama adat with equal and open access to the surrounding forests. The latter goal is inspired by the prominent characteristic of Tenganan krama adat whose attitude to live close to their forests, and to maintain these forests as part of the foundation for survival of their society.

The second distinctive behaviour of the Tenganan people is their very protective attitudes towards their forests. Forest is a community resource, to be utilized to improve the living standard of the community; to generate employment, such as honey collection, the production of red palm sugar; as a source for timber, wood for cooking and home industries (bricks and lime burning); to be a means for clean water supply and irrigation; fodder for cattle; and to prevent flood and erosion. To sustain this forest, all these privileges are under tight control of the Adat. The Adat specifically imposes that krama adat are not allowed to cut a tree, unless it is old enough to be logged. Catering to any such request, the desa adat institution will send three members of its leaders to examine the tree prior to logging activities commencing.

The Adat strictly indicates that certain fruits such as tingkih (alcurites moluccana), durian (durio zibethinus), teep (artocarpus elastica), and pangi (pangium edule), cannot be plucked from the trees. They have to fall to the ground before they can be picked. Failure to comply with these customs can cause the krama adat to receive strict social and financial penalties. Offenders may not be allowed to join certain community activities held in the Bale Agung; could be subject to fines indicated by the Adat ; and could lose their rights to stay in the banjar kauh or banjar tengah.

This is how territoriality relates to the nine other primary message systems (PMS) of culture in Tenganan, one which is radically different from the other two case studies. Table 5.4 provides a summary of interactions within this cultural system. This table is presented in concert with Table 3.1 presented in Chapter 3.

Photo 5.17 Awangan and neighbourhood of Tenganan

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The Binary relationship between Hall’s 10 Primary Message System within culture in Tenganan

Hall’s primary Cultural practices Cultural forms message system Relating to the PMS of territoriality Relating to the PMS of territoriality (PMS)

(00) (04) (40) Interaction 1. Interaction within the family. 1. Household space. 2. Interaction among the krama adat. 2. Community space: awangan, wantilan, balai agung, balai lantang, balai patemuan, temple, market.

(11) (14) (41) Association 1. Governing matters related to the krama 1. Community space: balai Agung, balai adat. patemuan, balai lantang.

(22) (24) (42) PMS of 1. Agricultural related practices. 1. Agricultural / paddy fields. Subsistence 2. Forests.

(33) (34) (43) Bisexuality There are territorial practices that signify Bale patemuan is especially designed to only gender differences. accommodate boys’ related activities. Classification of individuals as ‘sebel’ – women who have their periods, families in mourning, offenders, etc. – are not permitted to enter sacred spaces: temples, balai agung, family shrines, etc.

(55) (54) (45) Temporality Scheduling of spaces is determined by the tika, Scheduled spaces that determine cycles: which is only based on Caka year. temples, balai agung, wantilan, house.

(66) (64) (46) Learning Informal methods of learning within the Place for learning: community: transferring knowledge from one 1. family compound. T e n g a n a n’s c u l t u r e c u l t n a n’s T e n g a group/individuals to another. 2. community space: balai patemuan.

(77) (74) (47) PMS of Play Play for: Recreational areas: 1. religious purposes. 1. temple. 2. social purposes. 2. awangan. 3. fun. 3. house, awangan.

(88) (84) (48) Defense Practices of Defense: Defended space: 1. religious practices. 1. temples. 2. the adat systems and adat institution. 2. balai agung, balai patemuan, awangan. 3. medicine. 3. house compound. 4. architecture.

(99) (94) (99) Exploitation Zoning practices in accordance to the concept 1. a village that is designed in a linear pattern. of Tri Angga. 2. protected forests.

Table 5.4 A summary of socio-spatial practices within the Tenganan community b. Tenganan – territoriality and the BRAP

Another result of the government’s earlier commitment to leave Tenganan to evolve in its own way is that the Basic Regulation on the Agrarian Principles (BRAP) are not enforced. Also, prominent Adat practices that have been eliminated in most villages in Bali still exist in Tenganan. For instance, private rights over land do not exist; community members have tenure over land, but do

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not have the right to transfer this tenure to other party/s who is/are not part of the community; use values are largely promoted, whereas exchange values are strictly refused; so a land market consequently does not exist.

So that there are no individual, state, or private enterprise rights over land in this society. There is only one ROL that exists which covers the entire society and its members, and even they do not consider ROL conferring ownership, but custodianship for their ancestor and an inheritance for future generations. This condition is distinctive of the society. At the same time it demonstrates the success and resilience of Tenganan community in maintaining its traditions, although numerous potential investors have tried to commodify part of Tenganan’s huge forests for hotel development (Tenganan Focus Group 2001).

But this is not to assume that Tenganan has not been affected by the BRAP. The Tenganan focus group (2001) revealed two cases that have built up public discontent. First, to limit Tenganan Adat’s ownership rights on land, the BRAP has given a piece of cultivated land – geographically part of Tenganan’s territory – to a sharecropper. Being the new ROL holder, this sharecropper intended to sell this land, a practice that is against Tenganan’s Adat principle. Conceiving land as an ancestral legacy, Tenganan was keen to acquire this missing resource. Unfortunately, ROL is legally held by the sharecropper, and a lack of finance constrained Tenganan in getting its land back.

Second, in a somewhat similar situation, the BRAP converted part of Tenganan forest into individually owned land. The new ROL holder – who is not member of Tenganan krama adat – intended to cut down a tree. Tenganan refused to allow him to do so, as the tree was considered too young to be felled. Since he was the legal landowner, he refused to accept this judgement and went ahead to cut down the tree. In response, Tenganan community took possession of the tree trunk and its branches. When the field survey was conducted in Tenganan, this case had been taken to court and remained unresolved. The court could not make a decision, as it was faced with dilemma of ruling on either the BRAP or the Tenganan community. The BRAP did not anticipate such cases, and therefore been unable to respond. c. Tenganan – tourism and longevity of its culture

Being a native village with distinctive cultural uniqueness Tenganan has attracted tourists in significant numbers. This attraction was preceded by a government decision to promote Tenganan as one of the recommended tourist destinations. This move was not followed by rapid developments of tourist amenities, such as those experienced by the prior case studies of Kuta and Ubud. Private enterprise supporting these types of development has not surfaced so far. Government action to force particular development proposals on this village also do not exist. All

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of these absences have been due to the community’s objection to the idea of modifying their adat systems in order to accommodate commercial practices, such as renting or selling their land to private enterprises/individuals. The concept of producing wealth from land is not a preferred option in Tenganan (Tenganan Focus Group 2001).

Again, unlike Kuta and Ubud, opening Tenganan’s gate for tourists does not shift the agricultural sector from its main position in providing subsistence. So Tenganan does not harvest as many material rewards from the industry as do Kuta and Ubud. They are adequately supported by harvests from the forests and the cultivated land of each family. Up to the present time, Tenganan has been always self-sustaining. It does however produce a unique and highly valued product, a type of weaving called ‘geringsing’ where the threads are dyed using natural colouring extracted from trees growing in Tenganan forest. This colouring process may take months or several years depending on type and deepness of the colour required. The whole production takes place in Tenganan only. Producing a piece of simple geringsing may take 3 years or so, which can be sold for a thousand Australian dollars or more. This provides a cash revenue to the community that permits some commodity purchasing power.

The focus group held in Tenganan (2001) surfaced community fears over the drawbacks brought by rapid economic development taking place in other tourist villages in Bali, technological advance that produces more interesting electronic products, advanced telecommunication and information systems, to their community. All of these will indeed leverage each krama adat’s needs for goods, that demand greater financial resources. So they may be tempted to trade their natural resources for cash.

These concerns are likely to mount in line with the increasing number of young people being sent out of the village for tertiary education, who gain a new perspective on the kind of life they prefer to live. They may then be encouraged to move out from their village in search for their dreams, experiences, or a so-called ‘modern’ life style. Tenganan so far has demonstrated a high resilience to such influences that could turn them away from their Adat values. The village is eager to sustain its traditions and way of life. d. Tenganan – disturbances to territorial forms and practices

In line with Tenganan’s understandable enthusiasm in sustaining its culture, rituals involving specific spatial requirements are also very well maintained. Temples, community buildings, and housing compounds, are very well protected. Adat rules prevent one from modifying the design and composition of both community and household compounds. There have only been two significant changes recorded in land utilization. The first was caused by development of an elementary school on an unused site situated at the northern part of the village. The second was a change to another

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idle community area situated around the main gate, before one reaches the actual entry to the village. The latter change was decided through long community debates and meetings. This area has been converted into an art market consisting of handicraft shops, which sell souvenirs to tourists. The idea was aimed at preventing householders from extending the functions of their compounds from places to live, into places to live and trade. Unfortunately, this extension has inevitably been made by those who have been eager to earn extra income from the tourist industry by using the closest building to the awangan to sell art-works and handicraft. Development of the new shopping area unfortunately has not solved the problem. Some krama desa still serve tourists in their compounds.

Unlike the various cases in Ubud and Kuta, this extension does not go beyond the compounds’ gate, and does not encroach on the existing awangan. Strict Adat rules that contribute towards the conservation of Tenganan society as a whole outline awangan as community space, which is not to be used for the needs of either individuals or particular groups, and those that restrict any krama to change their compound in any manner. This contribution is due to the high moral principles possessed by the Adat, since failure to comply with Adat’s rules results in either a serious fine or losing the rights of being a krama desa. These are significant forms of punishment and a moral and social embarrassment that no krama adat would like to endure for the rest of their life in the village.

Photo 5.18 Tenganan’s school and market

To illustrate the stable pattern of land use in Tenganan, Table 5.5 and Figure 5.6 provide statistical data. Map 5.6 further elaborates these statistical data in a map of land use in Tenganan. This map has been drawn from a field survey conducted in this area.

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600

Land used for Scale (Hectare) 500

1995 2001 400

Laba pura land 95.8 95.8 300 Desa land 108.345 108.345 200 Sekeha land 94.71 94.71 10 0 Teruna land 7.18 7.18

0 Land for krama 3.89 3.89 Laba pura Desa land Sekeha Teruna Pauman Land for land land land land krama Total 838.880 838.880 Land used for 1995 2001

Figure 5.6 Land use in Tenganan Table 5.5 Land use in Tenganan Source: (Tenganan Adat 2001) Source: (Tenganan Adat 2001)

Agricultural fields of Tenganan

Tenganan’s forest

Desa adat of Tenganan

N

Map 5.6 Tenganan land use Source: (Tenganan Adat 2000, personal survey at physical site)

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This chapter has demonstrated various impacts brought by development in three specific areas. Various cases presented in this chapter show development as a leading factor that transforms territoriality in Balinese culture. Kuta has experienced a more rapid and complex change in comparison to Ubud. Tenganan on the other hand does not show significant changes, although certain forces are always present. One may argue that the differences in territorial transformation are caused by the fact that both Kuta and Ubud have been developed as tourist centres almost a decade earlier than Tenganan. Candi Dasa – a tourist destination situated next to Tenganan – whose tourist industry begun almost at a similar time shows an enormous change within two and a half decades since its tourist development activities began in the early eighties, demonstrating the cohesiveness of Tenganan krama adat.

One obvious reason for this dissimilarity is the degree of government intervention in controlling resources. Among the three case studies, Kuta absorbs the highest level of government interference in managing its resources. This is followed to a lesser degree of Ubud. Both show a higher conformance to the state-government system, where individualization of ROL is widely introduced. This in turn motivates market practices that include commodifying and trading related activity to gain access to the market. Unlike Kuta and Ubud, Tenganan’s Adat and institution have significant authority to manage its society and resources.

While state-government intervention is an apparent contributor to this transformation, there are broader factors that also take part. The lead taken by government to develop Bali as a showcase for national tourism is inevitably a prime force for development. Global society, culture, and economy are accompanying forces. The social, economic, and political resources that exist in Bali, are also contributing towards this territorial transformation. Figure 5.7 presents three forms of change presented by these case studies.

FORCES BALI DEVELOPMENT & TRANSFORMATION

Defended Changes in land use territorial forms Cultural Rapid resources (Kuta)

Outside forces for development Resources Conversions and Economic for Development interruptions on Moderate resources development behaviours territorial forms and (Ubud) practices 1. Global forces 2. National forces

Political Less resources Defended (Tenganan) territorial practices

Figure 5.7 Development and territoriality in Bali

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Tying together Indonesian society and politics, Balinese culture, and development control systems imposed on Bali, these forces for transformation and change in land utilization that convert and disrupt the territorial forms and cultural practices in Bali (Figure 5.7) are done under two systems which are imposed at the same time: state-government on behalf of the nation, and the Adat system represented by the desa adat institution. Conflicting interests have inevitably arisen as overlapping forms of development on land occur, represented by the numerous cases analysed in this chapter.

Chapter 6 will elaborate on the resulting conflicts that are produced by state imposed regulation impacting on the traditional attitudes, values, morality and spatial patterns of Balinese people. Collectively, these oppositions demonstrate the thesis

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C h a p t e r 16

Chapter 6 PLANNING AND CULTURAL DEVELOPMENT IN BALI

In this chapter, the overall implications of the case studies will be set out in order to consolidate the thesis. This analysis is begun by explaining in greater detail, the two systems which affect land use change and land use planning in Bali, namely state-government and Adat. In this thesis, the first has been referred to as the Indonesian State system (ISS) and the second is referred to as the Adat system. While both could loosely be referred to as ‘planning systems,’ the former, the Indonesian state system, could be described as a system of social relations within which spatial assumptions and practices are imbedded, The Adat (Balinese customary law) on the other hand, could be similarly described.

The similarity stops there however, since they are divided by an evolutionary shift in the social relations of production. The ISS draws its legitimacy from a fully-fledged capitalist state. The Adat on the other hand, has been previously described as ‘quasi’ or ‘proto’ feudal to draw analogies with European medieval feudalism. The differences between these two systems are profound, and a central purpose of this chapter is to arrive at a comprehensive and unambiguous exposition of the conflicts to be outlined later in Table 6.1. However, it is clear that the ISS is merely a reflection of the need to have some minimalist regulatory system, so that profits from land development can be better managed within a crony-capitalist state. Adat on the other hand remains a system of customary, as opposed to statute law, and hence corresponds to the historical conventions of a complex moral code.

In order to structure this chapter (see Figure 6.1), its first three sections will explain how these systems work in accordance with the three main considerations of this thesis – economy, society, and land development. These sections will also demonstrate that imposing both systems concurrently on Bali has created enduring conflicts between the ISS and Adat. Such conflicts do not result in merely a difference of opinion, but have had, and are continuing to have, serious and deleterious effects across the island. As if this was insufficient, the cultural base for Adat is being seriously eroded, to the detriment of both ISS and Adat. Section 4 substantiates this outcome and demonstrates the thesis that state planning, as imposed by the Indonesian government (ISS) is inappropriate to the Balinese context.

While it is not the objective of this research to design a culturally appropriate planning system, section 5 also outlines critical planning strategies for Bali, which are inferred from the case studies and discussion all way through this thesis.

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Economic

ƒ Function of land ƒ Form of development ƒ Economic relation ƒ Nature of production Traditional ƒ Form of labour System of Adat

Social

ƒ Social development The Critical ƒ Social control Condition of appropriateness planning ƒ Sanction and authority conflicts of the State strategies ƒ Form of law system to the for ƒ Dominant ideology Balinese context Bali ƒ Imbedded ideology

Development on land Indonesian State ƒ Nature of rights over land System ƒ Land as a function of production ƒ Nature of land management ƒ Type of land tenure ƒ Decision making over land use ƒ Authority over land use ƒ Institutional system of management

Figure 6.1 Adat and Indonesian State systems, conditions of conflicts, and critical planning strategies

Before analysing the discrepancies between the ISS and the Adat that are fundamental to territorial use in Bali and engender conflicts between both systems, it is necessary to provide a summary of central points which will be elaborated by section 1, 2 and 3 within this chapter. This summary is presented by the following Table 6.1. It distils the essence of my argument, that of the conflicts between regulation and culture that remain unresolved, that are not dealt with by the planning system, and that are vital to the survival of Balinese culture.

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System Regulation Nature of Opposition Culture No Properties Power State Planning System Conditions of Conflict Traditional System Relations of Adat A Economic Increased land values through tourism 1 Economic Primarily taxation, profit threaten basic production/subsistence of Subsistence function of land. and production from customary life and therefore the forms of (agriculture). tourist development. labour necessary to maintain traditional lifestyles and employment.

2 Form of Crony capitalism, CCN The erosion of traditional Balinese society Adat system, of development. (corruption, collusion and in the interest of GRDP (Growth Regional mutual obligation nepotism). Development Product), neo-corporatist and strategies, and personal profit. interdependence.

3 Economic Exchange values, Depersonalized, de-cultured, free market Use values, barter, relation. market-based relationship versus dependant socio- non-monetarized monitarized system with economic transaction. economy. minimal regulation, depersonalized transaction.

4 Nature of Legally sanctioned, For capitalism to operate land must be Non-commodified, production. system of land division commodified, i.e packaged for sale, collective use for and control. delineated and owned. For Adat system to community gain. operate, land must express the use values of the community.

5 Form of labour. Commodified wage Potential reduction in the social quantum Mutually defined labour with surplus value of labour available for maintaining Adat voluntary labour, extracted. Profit extracted responsibility and livelihood due to market with no surplus at all levels in the based employment. value, 100% economic process. returned to the community.

B Social Regulation Nature of opposition Culture

1 Level of social Indonesian state, where Un-regulated land development resulting ‘Quasi feudal,’ i.e. development. there is a homology from the tourist industry. Clash between ‘similar to’, but not between the state and the social relations of traditional culture based in a system of the government. and their absence within state regulation “Feus” or land system. holdings.

2 Form of social Statute laws passed in Existing social balance within Adat is The moral agency of control. the controlling interest of maintained on the basis of a moral Adat and its the dominant ideology, commitment between individuals rather collective ethics. where the free market than an abstract system of law. Conflict encourages CCN. exists when the law dominates Adat and its values are not incorporated with the system.

3 Form of State political control Capitalist atomies social responsibility; Collective sanction/authori over the people. undermines concepts of collective responsibility and ty. responsibility and social commitment. mutual support.

4 Form of law. Statute law i.e. ‘Black Customary law is the basis for Adat, which Customary law letter’ law that is formally has no bearing or relation to judicial (Adat). approved, written down, system and is not recognized by it. For all and sanctioned by the practical purposes, this means that there state. is no formal recognition of traditional culture.

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System Regulation Nature of Opposition Culture No Properties System State Planning System Conditions of Conflict Traditional System Properties of Adat

5 Dominant Capitalism, the essence Atomized, personalized values of market Balinese (Animism)- ideology is abstract logic, state- capitalism tend to erode the existing Hinduism. sanctioned authority and structure of religious rules, values and individual values. commitments of the Adat system.

6 Embedded Class system, Traditional embedded ideology may be Caste system and ideology (intellectual, manual eroded overtime by the class system of social division based labour), structured in capitalism and the ethic, that time equal to on religious tasks relation to income. money and responsibility equal to profit. held within the community. C Land Culture Nature of opposition Regulation development

1 Nature of rights Legal title, which can be Traditionally land was managed for the The Ancestral over land bought and sold with no ancestor. It was not owned by anyone. inheritance dictates social responsibility Ownership was not transferable. The traditional involved. The land BRAP requires ownership to take place in custodianship of the market is basically a order to incorporate Adat into the market Adat land and its casino for the rich. system. Adat land is threatened as the maintenance. foundation for cultural practices.

2 Land as a Alienated, i.e. specified Adat traditional practices are place Inter-dependant. It function of through the cash nexus dependant. They cannot be isolated from assisted all other production where there is no cultural the larger culture. These contrast with forms of traditional specification to land use value free market practices, where development and policy, regulation or sale. location is related to price, not culture. supported socially defined objectives.

3 Nature of land State urban planning Conflicts of political authority over the Under management management acting primarily on behalf Adat land, which has customarily been of the desa adat. of capital in wealth homogenous, but has been subject to creation. deepening commodification and state regulation. Adat forms a barrier between the existing system of land exploitation and even greater profit from land development through an extended market.

4 Type of land Rights over land (ROL) Under desa adat institution, land title Use. tenure through legal title. never existed. The enforcement of the state systems has rendered Adat land vulnerable to market penetration and social disintegration.

5 Form of Imposed by the Clash between juridical (legal) values on Consensual under decision making government/state. the one hand, and collective decision Adat and desa adat over land use making on the other. institution.

6 Form of Professional technocratic Each system has incredibly different Community based authority over decision making, objectives, where an unequal balance of hierarchy system. land use politically sanction. power exists. Both are in inevitably in a state of conflict.

7 Institutional The professional use of Huge imbalance of power between the Collective social system of technology highly two systems. The problem with this is the control led by management computerized. Problems enormous knowledge gap resulting in prajuru adat (adat ‘defined’ by ‘experts’ diminished credibility of the desa adat leaders). (planners), who institution which does not have access to unilaterally define social similar information bases. problems.

Table 6.1 The Adat and state systems and the enduring conflicts

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6.1 Economic relations

The basic conflicting economic principle between the Indonesian State planning system and the Adat is over the market concept. The ISS operates only on the basis of exchange values, whereas the Adat does not recognize these values. This is the source for conflicting economic forms of development, relations, and practices.

6.1.1 Economic function of land

The economic function of land to the ISS is primarily derived from land sales, taxation and accrued value. Every land transaction involves government fees to be paid by both parties who sell and buy property. Similarly, each single use of land is subject to taxation. Land use for agricultural functions, housing, tourist facilities, commercial services, are all means of national revenue. The amount of taxes paid varies relative to the use of land. Commercial functions will usually enact a higher duty in comparison to non-commercial uses. These basic principles behind the regulatory control of modern land use planning are the inspiration for Indonesian land use planning systems. Given Bali’s tourism, enforcement of these principles are economically strategic to enhance production of profits and revenues to the government.

The economic function of land to the Adat system on the other hand, is the central means of subsistence. The provision of a land package that consists of land for a house compound and land for cultivation to each household (tanah ayahan desa and tanah pekarangan desa) is an obvious expression of this principle. Since the BRAP was imposed in 1960, this practice is no longer available, except in the case of Tenganan. The existence of tanah pelaba pura and tanah desa to support temple and community activities are similar practices. Such economic functions of land can also be seen from the existence of the subak (irrigation association), sekeha manyi (harvest association), and Dugul temple (temple for farmers) that are evenly scattered across the island. Their existence ensures a good harvest and have also been crucial components in enriching Balinese culture itself.

Continuous reduction of cultivated land for massive tourist development has threatened several land institutions. First, the basic subsistence values of customary law. Second, such practices menace cultural practices relating to defense as they eliminate Dugul temples. Third, they undermine the Balinese subak, a form of traditional association. And fourth, they endanger the form of labour necessary to maintain traditional lifestyles as well as employment. Hence, the declining size of paddy fields which are fundamental to sustainability, will soon be unable to contribute to Bali’s economy. Placing economic revenue solely on the tourist industry and maximizing land use for this industry, have proven to be destructive. The Bali bombing in 2002 has demonstrated how tourism is vulnerable to threats. Unfortunately, in the aftermath of the bombing,

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few economic activities remained and subsistence crops were by now insufficient. International monopoly capital had created a ‘mono-economy’ based on tourism and its offshoots. So Bali’s economy should be completely redesigned to allow for a whole range of specialized economic activities rather than focusing on tourism alone. The creation of a rich and diversified agricultural sector is not only an alternative, it is a necessity for the survival of the whole community and its lifestyle. In addition, since the agricultural sector is part of Balinese culture, upon which Bali’s tourist reputation was built, promoting this sector will similarly strengthen Balinese culture as well as tourism.

Moreover, the BRAP’s requirement to register all lands is a preliminary step for the government to obtain a record of taxable land resources, as well as controlling economic benefits the nation may derive from land in whatever form. The same principle applies when the BRAP converted communal rights over tanah ayahan desa ada tanah pekarangan desa into private/individual ROL. Given the fact that these two types of adat land occupy a relatively large part of the Balinese landscape, leaving such spaces under communal rights means a significant reduction in taxable land. This reduction is due to the fact that the government cannot impose tax on communal land. One may ask why the BRAP does not convert tanah pelaba pura and tanah desa into forms that can be taxed. The answer to this query lies in Section 29, Article 2 of Undang-Undang Dasar 1945 – the Indonesian constitution, which outlines that the state guarantees the right of each individual to believe in a particular religion and to practice it accordingly. The constitution implies that the state should provide its people with adequate space to practice their spiritual beliefs, the only real form of legitimation remaining which supports traditions rooted in the land.

The Kuta focus group (2001) demonstrated how government raises land taxes since the area is well favoured for development. To cope with increasing taxes imposed on individual land, people in Kuta turn traditional houses into home stay or bed and breakfast facilities for tourism in order to earn extra income. Moreover, massive development activities along Kuta’s coastal lines are given consent since they generate regular government revenues from taxation. The absence of knowledge that beaches are part of cultural practices, and the expropriation by government of high revenues earned from land taxes on beachside properties in the absence of a fair return, have generated strong local resentment towards the government.

6.1.2 Form of development

The form of development within the state system has been overwhelmed by what is generally referred to as crony-capitalist practices. Aditjondro’s study of corruption, collusion and nepotism practices in Bali (1995), development of Bali Nirwana Resort (BNR) and Garuda Wisnu Kencana (GWK) that disregard development control procedures, conversion of the community squares, removal of temples, blocking access to beaches etc. are expressions of this situation. Such practices

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have been exacerbated by a whole series of factors, namely the focus on immediate short-term economic benefits tied to the state’s role in mediating economic discrepancies between the developed and the non-developed regions across the country, strategic position of private enterprises as capital holders, and the absence of adequate policies that protect the means of subsistence for local people.

It is public knowledge that those business persons who have access to the decision makers, i.e. government officers, will have better opportunities to build up their business empire than those who do not. Centralized decision making in the hand of government in Jakarta, permits easier access for investors to approach political bureaucrats at the national level, instead of dealing with local government bodies with whom they usually have less contact. Therefore, most national investors always try to establish a well-found relationship with national government bodies. In so doing, they will derive many concessions, bypassing accepted procedures and with no significant problems from the legal system. In the case of close relatives of bureaucrats, legal procedures may be completely bypassed, with deals done at will.

This in turn leads directly to monopolistic practices. Examining the decision-making process over development consent for instance, location permit holders have the opportunity to set the economic values of the land required for development. Land speculation is therefore subsequent to price fixing for individual owners. In Chapter 4, some instances were given showing that this practice encourages investors to acquire larger land holdings than those required by the project. This action usually comes with a plan to sell the land in the near future to other speculators, when the price is right, and when the money that they invested has given them significant economic returns. Within this waiting period, land is normally left unutilized, while the majority of the people long for just access to land for modest houses.

In contrast with this kind of intervention in the development process, the Adat nourishes situations where mutual obligation and interdependence between individual krama adat are promoted. Provision of ngayah (physical assistance) and patus (goods) is a clear example demonstrating that both desa adat and community members mutually reinforce each other. In this environment desa adat is viewed as a de-facto state providing its people with the privilege to use resources, and it also imposes certain obligations on its people for mutual benefit. This reciprocation builds up inter- dependency not only between krama adat and their de-facto state, but also between the individual members of krama adat. This inter-dependency is the entire idea behind such inter-connected networking to maintain harmony between the Adat as a system, desa adat’s territory, desa adat institution, and individual krama adat.

While the crony capitalism within the ISS promotes individual/particular interests within the society, the Adat maintains collective interests within community relationships as a whole. This

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contradictory condition unfortunately terminates with the erosion of the very basic nature of mutual obligation and interdependence – Adat’s communal forms of development. For instance, the state system embraces economic development as a method to enhance growth regional domestic product (GRDP) by exploiting local resources as much as possible. Government and its policies are focussed on the creation of revenues, favouring the gradual domination of the market, personal profits, and business interests over all development activities. Neo-corporatist ideologies also intervene with the adoption of business strategies by the government, and the penetration of the economic joint management of the state’s resources by private sector interests, are all designed to accelerate the privatization of social life.

6.1.3 Economic relations

The economic relations within the ISS are based on the concept of exchange values. Within a moneterized system and support of bank institutions, market transactions are seldom done face to face. This mechanism together with advanced technology in communication and online information systems has created a depersonalized world, which is in fact inevitable in this information-era. Commodification of unmarketable resources, such as collective land holdings held in trust is the first step taken by the ISS to enable market practices. In support of market interests, the BRAP minimizes any opportunities for non-commodified resources to exist. The enforcement of the BRAP which converts communal ROL into individual ROL is an obvious example. Being a sole holder of rights over lands that are not occupied by any desa adat in Bali, the state will be able to transfer rights over these lands to other parties through the market mechanism. Joint rights between the state/government and desa adat institution over tanah desa and tanah pelaba pura will enable the government to intervene in these resources, and turning them into exchange values as necessary.

In contradiction to the state system, the Adat is built upon non-moneterised economic relations (mutual obligation). For instance, prajuru adat – member of adat leaders – to whom village governance is bestowed are not provided with financial reward for dedicating their time in the desa adat institution, but with exemption from the provision of ayahan and patus. A further example is that the relationship between individual krama desa is purely a form of labour exchange. One day Wayan’s family needs to rebuild its bale dangin, Wayan calls for help from his neighbourhood. Another day, the other Made requires a hand to build his kitchen, others including Wayan come to give him a hand. In similar cases, when Wayan runs out of banana leaf, he can just stop by Made’s house and asks for some. Made can also do the same thing to Wayan or others. These constitute reciprocal connections, and take place outside any monetary system.

Imposing the market-based economic relation on the non-moneterized economic relation of the Adat has started to break down the collective socio-economic nature of society. While there are forms of interaction that remain in practice, such as assisting other members of the community with

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physical work and goods needed for family ceremonies, provision of ngayah and patus, the concern here is that the monetarized system is creating and superimposing a world of its own. The promotion of market practices in the form of imported goods, rapid transportation, trans-national capital, modern banking systems, online transactions, etc. are all further forces that depersonalise exchange. While the state focuses on enhancing the economy has not been adequately equipped with either an institutional infrastructure or appropriate policies that protect social and physical resources as much as they are eroding them, such fundamentally depersonalized economic relations that the moneterized economy brings to the Adat system become the central problem of social life on the island. Thus, the ISS only hastens the deculturization process of Bali.

6.1.4 Nature of production

The nature of production within the ISS is inspired by the fact that land is a central method of wealth creation. Lands and their uses are to be dedicated to the creation of economic benefits by commodifying them. The Adat system however views lands as an ancestral legacy, collectively used for community gains. In principle, it is impossible for this system to be adequately commercialized to support profits controlled by groups with vested interests based on ownership. This Adat principle promotes the idea of sharing resources for the essential needs of the people. The relationship between the de-facto state and the individual krama adat who hold tenure on the adat land demonstrates how production is dedicated to the collective interests of the community and its members. As a matter of fact, it is not even true to say that the land is collectively owned, since more accurately, it is held in trust for the ancestors, a group to whom everyone will someday belong.

In imposing its system on the Adat, the state instigated a legally sanctioned system to guarantee a conducive environment for capitalist practices where land must be able to be sold and bought, i.e. by issuing legal ROL, activities related to land division and land packaged for sale are welcomed, and land zoned for activities that support the creation of profits is made a priority. A critical example among various cases presented in Chapter 5, which personifies the contrasting nature of production is the development proposal to commercialize land, and even to swallow the whole village, for example in order to fulfil investors plans to build a golf course at Selasih in the Gianyar district.

6.1.5 Form of labour

Accommodating the concept of exchange values as the underlining principle in its economic relation, ISS subsequently promotes the concept of commodified over voluntary labour. Relationships, work ethics, and work-culture are inevitably based on the economic interests of both labour and capital holders, of wages and economic profits. However, in supporting the nature of

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production as a method to expand invested capital, profits are extracted from every level of the labour process. As a result, increases in profits unfortunately do not support necessarily parallel increases in wages.

In line with the non-commodified nature of production, the actual form of the labour process in the Adat system is designed to support collective activity. Every community member is obliged to provide labour when it is required, regardless of what one can or cannot do. Such a commitment arises when for instance, temples, physical and social community buildings/infrastructure need to be refurbished, community festivals/ceremonies are held, and when communal safety is an issue. Conformance to both compulsory and voluntary form of labour is defined by mutual interests within the community and between individual members of this community. This has indeed strengthened social ties between individuals.

The clash between commodified and non-commodified forms of labour creates conflicts as well as eroding the cultural base. Tight work schedules and job commitments in commodified labour practices have restricted the amount of time that krama adat can spend between obligated/voluntary labour. Adat related tasks such as ngayah means that neighbours must be assisted when it is necessary. The fear of either losing a job or not being promoted, forces people to skip Adat related duty, or to ask an available family member to represent her/him, or even pay somebody to perform duties. This happens especially to those who work for the private sector, such as in hotels, restaurants, and banks, where the work schedule cannot be negotiated or shifted to other workers. Moreover, such a practice is more frequent in the urban community, where life is more hectic than that in the rural areas. Also, social ties between community members in the city are less tight than those in the countryside.

This conflict between work and Adat related activities is often caused by the fact that in terms of temporal interaction, the Adat’s cycles are organized on the basis of a Balinese calendar (see Chapter 3), which does not use the same temporal pattern as the Gregorian calendar regulating the ISS. Any particular working day for the ISS could be a day of ceremony for the Adat. In this overlapping schedule, to either fulfil Adat related duties or to provide voluntary assistance to other community members have encouraged companies, especially those whose specialities are in construction industries, to employ workers who are non-Balinese, to ensure their continuous availability and commitment for work. This tendency has long been a leading cause for the increasing flow of internal migrants to the island – and the under employment of local Balinese. Balinese culture is simply not geared to the exigencies of market labour and profit.

Another reason for involving abundant workers from outside Bali to support the construction of numerous tourist amenities in Bali is that these workers offer lower rates than those requested by their Balinese fellow workers. Cheap labour on the one hand means less cost and higher profits to

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developers and construction companies. This action on the other hand has cost the island major sacrifices. It increases the birth rate and overwhelms limited social and physical infrastructures. Paradoxically, this means an outflow of Balinese (see transmigration policy) and an inflow of other Indonesians. Once again, such practices are diluting the local culture. Such drawbacks have not been anticipated at any level by the NEDPB. Tourist development in Bali was not planned on the basis of Bali’s physical and social capacity to accommodate development, but on the assessment by the government and its agencies of the number of tourists who will visit the island (see Chapter 4). Government support goes to welcome future tourists, and not the sustained use of available resources for longer-term benefits.

6.2 Social relations

The underlying difference in social attitudes between the ISS and the Adat systems is based in the emergence of the state as the means of control on one hand, and the presence of the community as the source for action and power on the other. Conflicts between these two systems occur as the state presence is imposed on the Balinese and in the process marginalizes the community. How these conflicting principles take place is explained as follows.

6.2.1 Level of social development

Looking back into the diversity of Indonesian society and politics, it can be seen that social development in Indonesia is stratified socially, physically, and economically. Some regions are more developed and have more access to resources than the other. As the ISS and the nation advance the position of the state in uniting such diversity and in mediating between various sectors of society, the state emerges as the dominant authority (Leach 1954, Fried 1967, Geertz 1973, Williams 1977, Hobsawn 1983a, 1983b, Godelier 1986, Thu 1992, Durrenberger 1996). Ambiguity between the state and the government in power in this case has never been made clear. Because of successive dictatorships, the government has been conflated to the state, especially when its self- interest was promoted and its political position had to be prolonged. Domination of state- government over the local in the case of land use planning and practices in Bali, has already been well demonstrated. The implication of the BRAP in replacing Adat’s land arrangement and to omit the desa adat institution in regulating land matters, illustrates the state-government supremacy as the ultimate authority over social development, although recent elections (held on 10 September 2004) may change this situation for the better.

As a proto-feudal society, Bali does not have landlords. It also does not have a dominant group who works on huge cultivated lands, retaining a portion of the harvest in return. The individual krama adat holds tenure on land without obligation to share the harvest. Movement from a quasi- feudal society into a state dominated politic is not trouble-free, especially when the process is

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enforced from outside. With the army reinforcing state action, lack of compliance to the rule of law would not stop change, but it would bring harm to a peaceful society. Most critical here is the absence of local representatives within the state system. Neither local institutions nor members of prajuru adat are part of the hierarchy of any state apparatus. A clash between the social relations of the traditional culture and the social relations imposed by the state are therefore very common. The chaotic and unregulated land developments faced in Bali are inextricably linked with the absence of any voice that can speak for the local people and their territorial needs, and the state’s failure in ensuring people’s equal access to resources.

6.2.2 Form of social control

Social control within the ISS takes the form of statute laws, such as state/government regulation, policy, act, decree, and constitution, which are all products of state/government, and are legally enforced on every locality across the nation. While the top-down, and centralized political system in Indonesia has accelerated dissemination of various forms of state social control, it has also given its dominant ideologies and its related practices opportunities to become embedded. This has made control of social development at the local level dependent on the state system. As this system and its operation are vulnerable to interference from the prevailing ideology of a market society, social development is subsequently led in the same direction, which is to serve the concerns of dominant market interests represented in statute laws.

In accordance with the Adat system, Balinese society is organized around a form of social control that is based on the community’s moral values, its collective ethics, mutual respect and shared community rights and obligations (collectivism). Everyone shares the same concept of 'good' and 'bad', 'right' and 'wrong,' which are contained within the Adat, a powerful force for control that prevents people from engaging in anti-social behaviour. Doing the right things by the Adat, the individual krama adat creates a pleasant living environment. In reverse, keeping on with wrongdoing will lead one to danda/dosa, which Warren (2000) calls ‘moral transgression’. The dosa functions rather more as warnings than sanctions in themselves. The real control behind them is the inevitable lek (shame or embarrassment) that emerges from failure to accept social obligations. And these dosa are imposed on every krama desa, regardless to age, gender, status, or welfare level. Thus Adat is a form of social control that regulates social relationships between individual krama adat, as well as an important moral agency that has its own collective ethic.

Social balance within the Adat is maintained on the basis of a moral commitment between individuals rather than an abstract system of law upon which the ISS operates. The existing collective responsibility and social balance within the Adat however is disrupted when this abstract social control overwhelms over the Adat. The domination is an obvious consequence of the state's ignorance, when the Adat is not incorporated. The state system fails to embrace local conditions,

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which are usually critical to its function in controlling social development. The enforcement of the BRAP for instance has created ongoing social problems, such as those that have taken place between the Tenganan society and a non-Tenganan krama adat who is by law given rights over forested land which is claimed to be part of Tenganan’s forest. A further example is of one villager who is fighting to regain control of his land that is claimed to be the property a five-starred Chedy hotel’s possession in Ubud. Unlike the quick action of the Chedy hotel management, he was not aware of the BRAP’s requirement for each individual to register his/her land to the National Land Agency. He failed to show written evidence of his ROL.

These two cases have shown how the BRAP, an example of the state statute laws, has been ignoring specific details of local land arrangements, and when problems occur it cannot offer any solutions, leaving the cases unresolved. This not only creates social problems, disturbing the cultural interactions of the Balinese community, but it also degrades the credibility of the state system, since it demonstrates very clearly that the law has not begun to anticipate potential conflicts with traditional morality and ethics.

6.2.3 Form of sanction/authority

In explaining the form of sanction and authority within the Adat system, it is necessary to go back to the significance of community consensus underlining every decision made in the community. Devolving from this mechanism, members of the community and their leaders share in the decision making process and ensure that the concerns of all are addressed. Since the process is run by the people, for the people, they also share responsibility to comply with every decision. The whole process is internally driven and has mutual support. Such a shared authority is also emphasized by H. Schulte Northolt (1986, 1991) in his study ‘the concept of a state in the context of Balinese society’ where he considers that parallel sources of authority in the society are rooted to both social and political matters.

Boehmer (1992) in his study on Balinese development planning also highlights the absence of any division of authority in Balinese society. Every community member in Bali is a planner involved in developing a plan, as well as being the one who realises the plan (Boehmer & Wicham 1995). There is therefore no hierarchy or separation of power within the Adat system. Though the adat leaders are the backbone of community leadership, their appointments are subject to community consensuses. This shared authority together with collective social control and mutual interdependent obligation, establish sanction and authority within Balinese society.

In contrast to collective responsibility and mutual support within the Adat system, state political control directs people’s ways of thinking and interacting in accordance with the concept of individualism, self-interest, and competition. With or without realising it, the sanction of the Adat

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is gradually being replaced by the ISS. The atomisation of social responsibility and its inherent capacity to undermine the process of collective responsibility and social commitment in this situation have been inescapable. Such instances are commodifying collectively held land resources and the transformation of communal ownership over land into individual/private ROL that will cut off the collective tasks attached to the land. Such practices also eventually undermine the position of the desa adat institution which is the central agency for community sanction and authority.

6.2.4 Form of law

The ISS works based on statute law, written down, approved, authorized and implemented by the state. Modern land use planning in Indonesia follows this system. It requires that individuals possess written evidence that legalizes their rights. Failure to do so incurs loss of these rights. Conversely, the Adat as a form of law is synonymous with the moral consensus that rules social policy within the community (customary law). Derived from values and practices that are rooted to historical example within the society makes this customary law a collection of straightforward rules leading directly to the heart of regulated issues.

While legal basis of sanction in Adat is communally articulated, its practice in community meetings has dual functions. The first is structuring. The second is the process of socializing the krama adat. Community meetings always have an agenda for each meeting which can be reused or referred. By doing so the relevancy of customary law is updated on a regular basis to meet changes taking place within the community. Community members find it easier to follow up regulations that are sourced from familiar values. So there is a coincidence between form and content, and a natural process of evolution.

Comparing the form of law between that of the Adat and the ISS, it is apparent that the both are different in origin. The 'black letter' law is the state's means of regulation. Neither has any relation to the other. The situation is that state law is imposed on the Adat, but this law does not recognize the Adat. Enforcement of such statute law has been made clear by several cases presented in Chapter 5. Temples in Kuta, which are situated around hotels, are to be reconstructed on different sites due to the fact that in representing these cases, Kuta’s community does not have legal documents to prove either land title or proof of land registration. This can be likened to moving an important church in western society to another location because the land rights could not be proven.

The state may acknowledge communal rights to use land for temples, but it does not include use rights over conserved coastal areas around this temple, which fall under state control. Unfortunately, when government approved a location permit for a group of private investors to purchase the land required for the proposed development, this temple and its conserved area were included. In this case, the Kuta community could not prove the state’s action illegal. Being the sole

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controller over resources, the state however has legal power to decide whatever it likes. This demonstrates why Bali experiences endless unregulated development on land.

6.2.5 Dominant ideology

The dominant ideologies in any culture take a variety of forms, philosophical, religious, social, moral etc. In the context of this study, there are two systems in opposition. The first is the Indonesian state system which attempts to unify the country, and has been covered in significant detail of Chapter 3. However, there are several additional important points, such as Pancasila (five foundations), which demands beliefs in God, humanity, national unity, democracy, and prosperity and welfare. These are the values of a secular society rooted in generic qualities shared by many nations. While there is no national religion, Indonesia is the largest Moslem country in the world. Islam is de facto the state religion. Also dominating are the ideological propositions of capitalism – the free market, one person one vote, democracy, and GDP, the assumption that the system can endlessly supply escalating profits on a continuous basis.

The second is the system of Balinese culture which conflicts with almost every single one of the above values, and these have been variously enunciated in the preceding text – Hinduism-animism instead of Islam, use values against exchange values, the collective good against individual possession, shared resources instead of self interest, the sacred dominating over the profane value of a monetary system. In Bali the form of Hinduism deployed manifests in the shape of Adat practices. So ideological functions are the outcome of four layers of social action integrated in complex ways – Statism, Hinduism, Animism and Adat. However it is clear from previous chapters that the division is between the State and Adat on most issues.

Imposing the market ideology within the Adat community has gradually shifted the way local people view resources, from collectivism into notions of profit. Individual relationships, cultural interactions, and ritual practices tend to be redefined to equate with the economic value of time spent on such activities. Farmers start to think that the exchange values of agricultural products are less arduous than selling their paddy fields and investing in the system. This decision usually results in investor’s commitments to provide members of farmers’ families with future job opportunities in premises which were to be built on their lands, frequently without commitments being upheld, and with no ‘legal’ recourse from the state. In consequence, ritual beliefs and practices pertaining to subsistence (paddy fields, Dugul temple and subak) are coincidentally vanishing.

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6.2.6 Embedded ideology

The embedded ideologies are those through which every state system functions. In its support for the market concept of production, the ideology of the class system has to take root. Society is inevitably divided into groups. Those who own capital and those who work for wages, those who own some form of economic production and those who do not; those who have access to education and become professionals and those who do not. Thus society is stratified based on income, what you can or cannot do, and what you do or do not have. Since individual competition and self- interest is prominent in this society, those who do not possess adequate knowledge and resources will be out of the game sooner than those who do.

The embedded ideology in Bali is the caste system based upon ancestral lineage. The four castes (Brahmana, Ksatrya, Weysia and Sudra) delineate both the method and form of social interactions (language, married institution, naming system – see Chapter 3). Importantly, the Adat system does not differentiate between its members based on caste. For instance, every krama adat has the same obligation for ngayah and to provide patus; when a community meeting (sangkep) is being held, everybody is seated on the same floor, regardless of one’s caste; space is not divided based on one’s caste, but by sacred, non-sacred or mundane values relative to each activity; Adat sanctions are imposed on every krama adat, and no one is exempted.

In other words, the Adat recognizes four castes. But it does not bestow specific privilege to any one of these, although there are distinct linguistic forms used in communication between them. The Adat system endows social rewards to its krama adat based on one’s contribution to the ongoing operation of the community. For examples, priests mostly come from caste, whose life is dedicated to lead temple ceremonies, and are exempted from community works. Likewise these priests, those who are involved in the Adat leadership (prajuru adat) are also exempted from ngayah/patus, but they are continuously consulted for their expertise on the Adat.

The embedded ideology of caste within the Adat will also be eroded over time by the class system of capitalism and the ethic that time equals money and responsibility equals profit. Visiting areas like Denpasar, Kuta, Sanur, Nusa Dua, one will not find groups of community members sitting in wantilan discussing Adat affairs. Unlike in the past, people have started to value their time based on money. Social interaction becomes interrupted by economic values. Another imbedded ideology is that connected to thought and language, Balinese language being altogether different from Bahasa Indonesia.

The three different levels of language (utama, madya, biasa) that were usually used to communicate with four different castes in Bali have become less favourable. People instead are persuaded to communicate in Bahasa Indonesia that does not recognise such levels. In fact the latter example is a

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positive move to an egalitarian society, where everybody deserves to be addressed using the same language. Nonetheless, this can lead to the disappearance of the complexity contained in the Balinese language. Hall’s method promotes language as the most important ideological system since language embodies thought and is therefore a powerful container of collective ideas and practices. Caste and class, Balinese language and Bahasa Indonesia are therefore examples of serious areas of conflict in the local situation.

6.3 Development on land

The contradictory principle between the the Adat system and the Indonesian State planning system in regard to land development is the recognition and promotion of legal rights over land by the state, and the acknowledgement of communal rights over these resources in accordance to Adat. As has often been emphasized, the implication of this situation would be for the ISS to promote resources to be incorporated in the market, and for Adat’s communal resources to be commodified under the ISS. Although the ISS has not yet completely converted the entire Adat system of land tenure into a system of land registrations and titles supported in law, the impacts of this commodification process on the Adat territorial arrangements have been widely felt by the Balinese people as presented in Chapter 5.

6.3.1 Nature of rights over land

In line with modern land use planning principles, the ISS states that nature of rights over land should be legally registered and land titles should be issued. Issuing land titles is a step moving forward to defining legal rights over land (ROL). This clarification anticipates opportunities for the ROL to be transferred to other parties through a land market mechanism. In regard to nature of rights over land, Article 19 of the BRAP states that: 1. In order to guarantee legal security, the government shall conduct land registration through out the territory of the Republic of Indonesia according to provisions laid down by government regulation. 2. The registration mentioned in paragraph (1) of this Article covers: 1. The measuring, mapping and recording of land 2. The registration of rights on land and transfer of these rights 3. The issue of certificates of rights on land, which will be as strong evidence. 3. The registration of land shall be conducted with due consideration to the condition of the state and the society, of the traffic and social economic needs as well as the possibility of its implementation in accordance with the consideration of the Minister of Agrarian Affairs

In opposition to the state’s individual ROL, communal ROL within the Adat system are derived from the concept that land tenure is collectively held by members of a desa adat. This collective use first addresses the Adat as the ordering relationship affiliated within the concept of Tri Hita Kharana in sustaining a balancing relationship between the natural environment, ritual, and social order (Howe 1980, Geertz 1983, Warren 1993). Second, communal use of land ensures the welfare

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of the desa adat and its individual adat members. The existing temple land, desa land, tanah ayahan desa, and tanah pekarangan desa, obligations to provide ayahan and patus in support of community activities and physical maintenance of the actual village as a whole, are implied in such rights and obligations.

As legal rights over land have been imposed by the state’s BRAP, there are two critical changes to be noted. First, the BRAP eliminates people’s equal access to land. As tanah pekarangan desa is eliminated from the scheme, a new couple within the Adat community is not any longer given land to build their house and for subsistence cultivation, as used to be in practice over the past centuries, and is still in practice in Tenganan society today. As land prices are soaring in line with Bali’s mass tourism, land speculation, high inflation, and involvement of wealthy groups in controlling land prices, the affordability of land for the common people decreases. In this environment, the land market is a casino for the rich with the odds stacked in their favour, and the BRAP results in a system which systematically deprives ordinary people of their livelihood. As has been pointed out earlier, this is a dangerous situation for the longevity of Balinese traditional architecture in regard to housing.

Second, further culturally threatening facts emerge when state action in individualizing the adat land has resulted in the transfer of land to those classified as legal entities, but who do not share the same cultural values as the Adat community, or are not willing to adopt the value system that goes with the adat land.

6.3.2 Land as a function of production

The function of land under the ISS is legally regulated in its position as a factor of production. This regulatory process is manifested as a product of the state urban planning agency taking the form of a spatial plan/zoning, in which process the local community is excluded. The state urban planning and its zoning practices have overlooked any content to their own administration beyond the financial, particularly where location is related to price, but not to culture. Balinese-Adat territoriality is conceived on sacred and non-sacred values. The entire island is perceived as an entity that divided into three zones of utama, madya and nista. These zones are not segregated but intertwined to each other, and each will again be divided into another three identical zones.

Simplifying this spatial concept of the Adat which structures all traditional land use into functional economic considerations reflected in statutory land use categories such as commercial, housing, institutional or recreational areas, raises fundamental conflicting interests between the Balinese and state urban planning. For instance, development of the BNR does comply to state zoning as it is built on a tourist and recreational zone. This development however does not conform to the Adat concept of Tri Angga that classifies the area as an utama zone, where no development is allowed.

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Such occurrences become common practice as the tourist industry and flows of capital grow in an uncontrolled manner, and the Balinese cosmology becomes 'deconstructed.'

Another Adat value missed within the state zoning system is the concept that land is dedicated for the physical and social needs of individual krama adat and community. For instance, a fishery- based community such as Kuta does not have land reserved for Dugul temple and subak halls, as they exist in both Ubud and Tenganan communities. Kuta however has land reserved for the development of Segara temples along its coastal areas. The community in Mas village in Gianyar district will need a community hall to provide its community with working space to support the growing production of woodcarvings. This kind of development/space will not be appropriately addressed for example in Pejeng community (Gianyar district), where such home industry is not part of people’s life. Such details involving the community creativity and uniqueness have not been taken into account within the state system. Overall, productive relations within Adat are such that land is only a function of production in supporting basic subsistence for the community.

6.3.3 Nature of land management

The ISS specifies that land management should be taken care of by state urban planning. This concept is underlined by the Indonesian BRAP, Article 2 below. 1. Based on the provision in Article 33, paragraph (3) on the Constitution ………, the earth water and air space, including the natural resources, contained therein are in the highest instance controlled by the state being an authorized organization of the whole people. 2. The right of control by the state meant in paragraph (1) of this Article provides authority: 1. To regulate and implement the appropriation, the utilization, the reservation and cultivation of that earth, water and air space as mentioned above. 2. To determine and regulate the legal relations between persons and the earth, water and air space. 3. To determine and regulate the legal relations between persons and legal acts concerning the earth, water and air space.

The above article emphasizes state control over resources, including the earth (land). The total power to stipulate policy related land matters is in the hands of the state. The state further determines interactions among people, and between people and policies regarding land affairs. As the borderline between state and government is not clear in the case of Indonesia, the one conflates to the other. It also goes without saying that 2.3 (above) is incomprehensible to Balinese people, since they have no ‘legal’ relation to the earth, water, and air. These are sacred ‘gifts,’ and are not prone to legal status.

Given this political context and the Indonesian centralized governmental system, government power in controlling resources is massive. The land management system has been dominated and used as a tool to achieve political and economic goals. It is therefore unsurprising to find development consent magically issued for a development plan that takes over community territory

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without having to go through the necessary legal procedures. The state urban planning system therefore has been engineered for self-promotion and individual interests, and for furthering the wealth expansion of the development industry.

In the case of Bali, the power of state urban planning cannot totally overwhelm the desa adat institution, since it represents the belief system of almost 2 million people. This however does not imply any power over resources, since decisions are still located in the state. The desa adat institution on the other hand is an institution to administer land resources as ancestral legacies. Its managerial role has a control purpose to ensure that the social relationships between krama adat, land, and spiritual beliefs are maintained, and to ensure the need for land of both individual krama adat and the community as a whole are provided. In the case of serious disagreement between two parties within the Adat system, the word of Adat is final.

The desa adat institution therefore represents a barrier between the state system of land exploitation and even greater profit from land development. The position of the desa adat institution has been eroded and its leading role in land management has been eliminated. The ISS has removed potential obstacles to market economics, which at the same time further erode the very fundamental elements of Balinese culture. The supposedly neutral agency of urban planning then becomes the management for the continuous reproduction of profits to speculators and the state.

6.3.4 Type of land tenure

Land tenure within the ISS is defined as legal rights over land (ROL). In reemphasizing this matter, the BRAP in its Article 4 states that, 1. Based on the state’s right of control as it is meant in article 2, several kinds of rights are determined concerning the surface of the earth, which is called land, which may be granted to and owned by persons, individually as well as collectively, with other persons and by Corporations. 2. The rights on land meant in paragraph (1) of this article give authority to utilize the land concerned, and similarly also the body of the earth, and the water as well as the space above it, which is deemed necessary for the interest, directly connected with the use of the land concerned such in conformity with the restrictions laid down in this act, and in other legislative regulations of a higher level.

The law in its Article 16 and 53 further indicates the type of legal rights on land that can be retained either individually or collectively by certain legal entities (see Chapter 3) from the Indonesian National Land Agency (as partially mentioned in Chapter 3). Article 16: The rights on land as meant in Article 4 paragraph (1) include: 1. Hak milik (the right of ownership). 2. Hak guna usaha (the right of exploitation). 3. Hak guna bangunan (the right of building). 4. Hak pakai (the right of use) 5. Hak sewa (the right of lease). 6. Hak membuka tanah (the right of opening up land). 7. Hak memungut hasil (the right of collecting forest products).

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8. Other rights not included in the above-mentioned rights, which shall be regulated by law and rights of s temporary nature as mentioned in Article 53.

Article 53: Rights which are of a temporary nature as meant in article 16, paragraph (1), letter h., i.e. the right of mortgage, the right of sharecrop, hak menumpang (the right of temporary occupation) and the right of lease of agricultural land shall be regulated in order to limit the aspects which are in conflict with these laws and endeavours shall be made to abolish these rights within a short time.

All these ROL are obtained through land registration and legal title, where the process is organized by the National Land Agency. While this thesis does not focus on these ROL in Bali, types of legal ROL may be explained briefly, as follows.

First, the right of ownership is the strongest ROL that an Indonesian citizen may possess. This is a heritable right. The law however also indicates that foreigners and foreign corporations may have ownership rights, which are determined by the government. Given the weak Indonesian land management system, the latter policy allows international corporations to approach government to endow them easy access to land ownership. When Governor Ida Bagus Oka governed Bali, he passed a local policy that grants foreigners permits to purchase land within the island. This action was motivated by the fact that the number of tourists interested in choosing Bali as either their permanent home or place for businesses is expanding. This will subsequently increase the available taxable lands. Prior to the introduction of this policy, international investors had to engage with local partners before commencing their business in the island, and this is no longer the case.

Second, the right of exploitation which is the right to cultivate the land. This right is usually allocated for a particular period of time, specified by National land Agency, and issued for the enterprise in the field of agriculture, fishery, and cattle breeding. The BRAP notify two parties as eligible to possess this right, namely Indonesian citizens and corporations established according to Indonesian law and having their headquarters in Indonesia. A different arrangement exists when it comes to the third type of ROL, the right of building. This right is derived with regard to two types of land. First, land which is directly under state control. And second, land with regard to land owned by individuals/groups of individuals.

Fourth, the right of use on land which is the right to use and/or to collect the products, either from state owned land or from individually owned land. These use rights come with obligations as specified in conditions attached by the National Land Agency. It can also be seen as an agreement to work on the land for a certain period of time. There is no payment or service in whatever form involved. This condition is in contradiction to the obligation attached to the fifth ROL, which is the right to lease land for building. Lease rights on land requires a person or corporation granted the right, to pay to its landowner an amount of money as rent to be provided before/after use of the land. Both use and lease rights may be obtained by: Indonesian citizen; foreigners residing in Indonesia; corporations which are established according to Indonesian law and having their seat in

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Indonesia; and foreign corporations having a representation in Indonesia. This eligibility will not be in line with party/s applying for the sixth ROL: the right of opening up land, and the seventh ROL: the right of collecting forest products. These last two ROL are only granted to Indonesian citizens, and do not imply ownership.

The BRAP clearly recognizes that wealthy foreign groups may dominate the internal land market. The law therefore protects the flow of foreign parties by restricting their chances to attain ROL. This intention however does not come with policies whereby authorized government agencies act to achieve such goals. For instance, the BRAP does not further stipulate foreign parties that are eligible to obtain use rights on land. It does specify that additional government regulation is required for further selection. Nonetheless it is delinquent for a crucial agrarian law to not clearly specify such an important issue.

In line with the enforcement of legal rights over land, land tenure (use values) under the Adat is subsequently removed, rendering adat land vulnerable to market penetration and social disintegration. Huge areas of mangrove forest and beaches which are environmentally and culturally significant have been sold for development to support economic activities. As the elimination of adat land is progressing, rights and obligations attached to these lands have consequently evaporated, loosening social ties within the community.

Use values and Adat related obligations in using adat land could be seen as a crucial method in forming an egalitarian society. This Adat land arrangement does not allow those of its members with a more privileged financial background to obtain more access to land, and subsequently to minimize opportunities of other groups to access the same resource. Even if there was a chance to occupy more land, individual krama adat may not take the opportunity, since the more land one occupies the greater the communal obligation. Thus Adat’s obligation has minimized or otherwise eliminated the potential for social and economic gain within the community. When the state rules of land tenure are placed against the Adat’s philosophy, it is clear that the potential for social conflict is significantly increased, both within the community and between the community and the state.

6.3.5 Form of decision making over land use

It is made obvious by a series of explanations and case studies presented within the previous chapters that decision making over land use within the ISS is subject to further state/government regulations at both national and local level. In conformance with the Indonesian political and governmental system, this decision making process is carried out at the national level and implemented by each locality at both level I and II. In some cases, this process involves government agencies and officers at the local level, but all decisions and regulatory products made

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by government bodies at a lower level should be approved by those who are at the higher level, in accordance with the Indonesian government hierarchy.

Again, the decision making process in developing a spatial plan (RTRW, RTRK) involving for example zoning does not embrace local experts. This is not to ignore involvement of local Balinese who happen to be part of the government bureaucracies who may be assigned to this task. This group is therefore committed to the work ethics/attitudes set by the national government, and are required to suppress their own sentiments on the matter. In other words, they are not representing the Balinese. Hence development of the spatial plan/zoning, the dominant means for regulation that guides and controls land use in Bali, misses out on local elements.

In contrast to the state’s centralized decision-making procedure, the Adat system denotes community consensus as the key method for every decision. Plans either to change existing use of land or plans for development on land will not proceed till the issue is discussed within community meetings and a communal agreement is reached. Communal consensus is final and cannot be interfered with by other smaller group of individuals or even the desa adat institution itself. This however is not to overlook the roles of the latter institution in leading this decision making process in accordance with the Adat, and mediating various internal interests. By acknowledging people’s rights to be involved in decision-making, the Adat system has evolved a basic democratic process, based on consultation at every level in the community, one which is alien to the ‘citizen participation’ of modern planning systems enforced by the Indonesian State.

The most common pitfall however, is when diverse interests conflict with one another. Community consensus may not be achieved, though several sangkep have been held. Desa adat Ubud for example cannot make a decision over the government's plan to demolish the present community market and to rebuild it on an other site. This plan was proposed in order to overcome problems of traffic congestion the community. The Ubud community market has been seen as the major cause of this problem. The community is reluctant to accept the plan. Relocating this market will obviously rezone the entire traditional design of Ubud village itself. The market is supposed to be built in the heart of a village, where it is situated at the present. Relocating this market will also mean relocating Ubud’s Melanting temple, an action that people in Ubud do not support.

Conflicts between the ISS and the Adat system in terms of decision making over land use materialize due to a clash between juridical values that are imposed by the state and the collective decision making process the adat community have been so used to. As the ISS is put into effect, it alienates the local people and the desa adat institution from decision-making processes, including those that pertain to land use. The aims, objectives, and decisions over land use are usually decided to advance the state’s political and economic agendas. When it comes to socialization and implementation of these decisions, a great effort from government will be required to brief people

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on the rational and logic behind them, reasons that will inevitably clash with local values. Since decisions have been made outside the community, there are also serious difficulties in forcing conformity to new land use decisions which contradict the very foundation of Balinese life.

The soaring business empires of major national and multinational private enterprises in Bali’s tourist industry is inextricably linked with the nature of how decisions over land use and development consent is centralized in Jakarta. Local public hearings may be held for several controversial projects such as BNR and GWK, but these were only begun after development permits were issued by the national government. These practices have in turn contributed to local people being disconnected from active participation in their own affairs, and turning them slowly into a tranquillised and non-responsive group, whose aspirations have been demolished in the process. Their participation is not valued, and so their cultural aspirations will perish over time.

6.3.6 Form of authority over land use

Indonesia is used to hiring private firms and involves them in land use planning work coordinated either by the national or local development planning boards. They are professional technocrats and decision makers, who are experts in their fields and on the practical implications of their work. This group of planning specialists may either be part of the government bureaucracy, or private agencies working for the government. In the latter case, the government reassigns its planning authority to professional planners to accomplish certain planning tasks. Private sector planners are normally bound by contractual obligations.

While the government tries to apply the same planning ideology throughout Indonesia, such ideology is seriously challenged by local customs. The meaning of community land for the for instance is not similar with that of the Balinese. And unlike the Balinese, the Javanese do not perceive community land as a significant determinant of their culture, not to mention other local attitudes towards land matters in more than 13.000 islands across Indonesia. Given this fact, the government is therefore keen to promote a nationalized land use planning authority as part of the state’s political system. As in other legal systems, failure to comply will result in sanctions. There is no granting of traditional planning activity, unless this is accomplished in accordance with national policy. The creation of a national land registry will potentially have a devastating effect across the archipelago.

Unlike the ISS, the form of authority over land use within the Adat system lies in the hands of the community hierarchy of institutions that include desa adat institution and its subordinated banjar adat (Chapter 3). The desa adat institution has authority to enforce decisions, and imposes sanctions taking the form of fines/danda (Chapter 3) to those who abuse collective consensus and Adat. The banjar adat on the other hand is expected to encourage community consensus among its members.

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The desa adat institution therefore has both a policy-forming role in the governance of matters related to land use, as well as enforcement of decisions. This institution together with banjar adat is composed of local experts or senior villagers who master knowledge of the Adat, and who have been through various experiences in the social life of the community. Consistent with Adat’s acknowledgement of ‘people power,’ all these forms of authority are regularly examined and updated by community consensus as necessary.

As the desa adat institution is not acknowledged as a legal authority over land use, the state bureaucracy becomes the sole form of legal authority. Both groups represent different objectives. The desa adat institution has objectives that are inspired by the Adat’s non-commodified collective values. The state’s authority functions on the basis of a market system. The domineering position of the ISS has caused authority over land use in Bali to be alienated from the vested authority of the desa adat institution. Apart from this, an unequal balance of power also exists within the ISS. Local government authority does not necessarily have to adhere to any national government plan to zone beaches as areas for tourism, but the higher authority insists that it does. This is inevitable, given the top-down hierarchical government system. Aspirations and creativity of authorities at the local level are therefore not encouraged. But being responsible and accountable for those decisions emanating form the national level is a compulsory.

6.3.7 Institutional system of management

The ISS is supported by a system of management where the use of technological aids, computerized systems, online information systems, modern equipment and tools, are made possible. With technological assistance, particular tasks that might have taken decades to develop can be completed within a much shorter time. Developing a map of a city takes several years when the job is carried out manually. With the help of aerial photography and specialized computer software, the amount of time required to carry out the same task is significantly reduced. Moreover, provided with online internet connections, planners have easier access to worldwide information. The provision of such technology therefore contributes towards planners' work environment, especially in improving quality and accuracy of the planning related products. However, it is also important to note that these specialized knowledge systems remove decision-making even further away from the somewhat stable state of Adat knowledge and practices.

A singular disadvantage of a highly collective system of management and institution within the Adat is that interdependence between individuals may discourage individual achievement. Learning is a communal process, which tends to discourage individual enhancement. Hence exhibiting the real talents of the individual is rare. A local proverb says ‘don’t ever mention that you are a knowledgeable person, since there are a huge amount of lessons to learn out there.’ Therefore, there is a tendency for traditional society to become uncompetitive, which is absolutely

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undesirable given the current rapid development of advanced science and technology, where knowledge develops and changes in line with an expanding information system.

There is a huge imbalance of power between the prajuru adat (adat leaders) and those involved within the state professional-institutional system of management. As has been well acknowledged, the desa adat is a self-supporting community institution, and is seldom financed by the government. The state institutional system of management for land use on the other hand is nationally funded, and promoted. In addition, there is an enormous knowledge gap resulting in diminished credibility of the desa adat institution that does not have access to similar support from technology, knowledge, and information bases, as does state sanctioned urban planning.

This gap is not necessarily due to any incompetence of local people. The opportunity is simply not there for them. As a consequence, local participation is seriously restricted due to a lack of training, access to knowledge, and legal advice. When local involvement is compulsory, training should be provided well in advance of participation. Such training should be freely provided. Otherwise the capacity of local people is consequently undermined. However, after decades of struggle, this gap has been gradually mediated. The national government has allocated funds to educate the local people. Several scholarship schemes to study in national or international academic institutions have also been provided. However, whether the trainees return to Bali or remain employed in Jakarta remains to be seen.

6.4 Appropriateness of the ISS to the Balinese context

In substantiating the ISS within the Balinese context, the process will be demonstrated in the sequence that has been applied in the first three sections of this chapter. First, the answer will be substantiated in relation of the enforcement of economic principles of the ISS on Bali. Second, in reference to the appropriateness of the state’s response to the social environment of the Balinese. And third, the relevancy of state land development principles to this society. While comparisons between the traditional planning system of the Adat and the Indonesian State planning system in terms of the defined nature of conflicts emerged between these two systems have been made, in this section those conflicts will be reinforced in order to validate the thesis.

6.4.1 The appropriateness of ISS economic principles

The summary of the nature of economic opposition presented in Table 6.1 shows the enforcement of the state’s economic principles on Balinese society having shifted the structure of Bali’s economy from an agrarian society (primary) into tourism related services (tertiary). As happens in most societies all over the world, such change is inevitable. While the economic benefits of the tourist industry have been experienced, the transformation of this economic structure from

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exploitation to conservation is critical. Persistent conversion of agricultural fields for development will indeed erode Balinese culture, and eliminate the livelihood of Balinese who have become dependant on the tourist industry. One likely occurrence is that tourism may also decline with the disappearance of the Balinese way of life.

While the above transformation has placed Balinese culture at risk, as well as the economy, this has been made possible and has even been accelerated by the promotion of exchange values, the commodification of resources including labour; and corruption, collusion and nepotism as the norm, all of which have permeated the state system. The Adat society becomes a barrier that has no place within a moneterized state planning system. This is not to deny the attraction and efficiency of the market mechanism, but to question its uncontrolled application to a totally foreign and alien system of values.

6.4.2 The appropriateness of ISS social principles

Overall, it is apparent that collective practices are marginalized or otherwise gradually removed from the community. Adat’s decision-making process is not acknowledged either as a legal source or a legal entity. Conformance to state law is compulsory and sanctioned by the judicial process. The enforcement of the ISS in the other words means social transformation, as well as social erosion, breaking down elements of Balinese culture into commodified entities to be absorbed into the economy at large.

6.4.3 The appropriateness of ISS land development principles

As the economy has been made dependant on tourism dominated by private enterprises and social development as directed by state development planning, land development is subsumed to both of these conditions. Various cases presented in Chapter 5 in particular have demonstrated that under the implementation of the Indonesian State planning system, land is viewed as a vehicle to reinforce the economic and political agendas either of the government or of particular parties. Since legal rights over land are rapidly being implemented as the foundation for a land market, desa adat institution and community consensus is denied in the process of issuing development consent. Adat lands are removed from the community to become a commodity within the urban land nexus. Progress towards the Indonesian State system of land development therefore brings with it the fear that eventually the Balinese landscape will vanish, since the values that created it will also have disappeared.

In substantiating the relevancy of the Indonesian State planning systems, it is necessary to note here that the Balinese context is underlined by a notion of the continuing life of Balinese culture and

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traditions, one of the most unique cultures left on earth currently under threat from unregulated development.

6.5 Towards a culturally appropriate planning system for Bali

While it is not the purpose of this thesis to design a new planning system, nevertheless, this study will conclude by sketching out what appears to be the more important characteristics of a culturally sensitive planning system for Bali. These characteristics will focus on planning issues related to land use. The thesis draws its central points in accordance with three main system properties – economic, social, and land development, together with critical case studies presented in chapter 5.

6.5.1 Economic

The major problem is how to restrict government action in assisting the transfer rights over adat lands to another individual or party by whatever means. Restricting individual rights on land would eventually limit land speculation and division. Lack of government intervention in the land market provides monopoly opportunities to dominant parties. Such speculation means that land prices are beyond the reach of local people. In actual practice, this essential planning strategy should adopt at least four essential principles: 1. Restoring the roles of the desa adat institution (DAI) and the Adat system in preventing the practice of land commodification.

2. The land market should be terminated as it applies to adat land that is controlled either solely by the state or jointly by the state and desa adat institution. The ISS and the Adat have to issue legal mandates on this matter.

3. To commodify adat land in any form – for hotels, restaurant, shopping centre, art shops, etc. should be prohibited.

4. The state/government has also to withdraw its economic interests in adat land in which the state holds sole rights over it (beaches, mountains, forested areas, etc.). This strategy is grounded by the fact that interactions within Balinese society cannot be isolated to the boundary of one desa adat. Such interactions have created a web of social ritual and behaviour that covers the whole island. Also, existing development should not be extended for any reason and any prior permits dealing with extension should be revoked.

6.5.2 Social

In addition to the above, there are two critical social and political planning issues suggested here. The first is in giving equal legal force to the Adat system of customary law. The second is re- establishing the position of the DAI as the decision making body. The desa adat institution is the

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authorized community board controlling the society. In reemphasizing points made earlier, for Balinese culture to be nurtured, there are two critical components to be restored: the brain (Adat) and the nervous system (desa adat institution (DAI)). Adat and desa adat institution form a single unity. Conserving one will sustain the other.

Overall, this implies that the state and the Adat should be partners, not adversaries. The idea of passing local autonomy on to province/district level is a good beginning. But, in the case of Indonesian politics, this does not imply reinstating the autonomous social and political roles of the desa adat institution. Instead, this local autonomy represents authority for the provincial/district government (local government at level I and II) to make all necessary decisions, and to be responsible for its region as well as for government at the national level.

Without ignoring the institutional components and the form of law introduced by the state planning system, critical action to re-establish roles of the Adat and the DAI are suggested as follows:

1. Every form of law produced by the Indonesian state should be adapted to Adat processes and values, when it comes to its implementation in Balinese society. In other words, the state would establish a general law, but its detailed applications will depend on each locality, including Bali. The Indonesian state has BRAP, and the Balinese should have a Balinese version of the BRAP. Having a locally adapted version of national law will prevent cases like that of Tenganan, where the state judicial system does not have the capacity to overcome difficulties resulting from the direct application of the BRAP to adat land.

2. The Adat and the desa adat institution will be the authority and local partner in developing the adapted version of the state’s law according to local circumstances.

3. The second step above will only be possible when the desa adat institution is represented in the institutional structure of development control for Bali, from the top to the bottom. The desa adat institution should be consulted when the principal permit, location permit, site plan and building permit are to be issued.

4. These involvements require prajuru adat to master the government’s program, and issues related to development. It is necessary for the government to inform and educate the parjuru desa with its development programs. This is not only a learning process for these adat leaders, but also for the community, since this group of village leaders are in direct contact with the krama adat on a daily basis.

The above practices will balance the dominating power of the state, and enhance symbiosis between the state and the Adat system where each works for the good of the other. The presence of the desa adat institution in the social and political system provides a shield to the culture deteriorating through outside forces.

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6.5.3 Land Development

In addition to the above strategies which deal primarily with the law, there are several other significant observations that need to be made regarding land development.

1. The state should retain rights to collect land tax from private property. But local collective responsibilities and arrangements on Adat land should be maintained, i.e. responsibility on ngayah, patus, etc. At present, when land ownership is no longer in hands of Balinese, ngayah and patus are not paid. This situation endangers other cultural practices that require community collective support and communal engagement.

2. Conformance to the BRAP should not deny conformance to the Adat and desa adat institution. Here, the thesis focuses on land that has not been touched by the BRAP, but is affected by the Adat system.

3. No further development should take place on state controlled land – beaches, mountains, and forested areas, unless for cultural purposes, i.e. development of community halls. Present developments should not be extended for any reason. Stating this practice does not mean tourism and its facilities should not grow. It is realized that tourism has without doubt contributed economic growth that would not be the case if the industry had not developed. However, a balance between activities for economic and the cultural interaction must be maintained.

4. Each community space must have a buffered zone. This should be a territorial barrier to protect communities from possible disruption brought by future development. Buffered areas should be determined based on local traditional needs for space.

5. The desa adat institution should have equal access to an updated institutional system of management. This will only be possible when the state welcomes this local institution into the nation's political structure. Recognition means having public participation within the system.

The above strategies would be able to transform the cultural component that has been overlooked by the State planning system imposed on Bali. Implementing these ideas would contribute to the ISS and the Adat systems being able to work side by side in order to construct a culturally appropriate planning system for the island.

Having demonstrated the thesis in detail in Chapter 6, the next chapter will draw concluding remarks associated with the central issues in validating the thesis. This last chapter is not merely a summing up section, it further elaborates critical points that matter to this study, such as some overall reflection on both state planning practices and the future of the Adat system in Bali, the significance of this study which leads to a direction and possibility for future research, the nature of the research process, and importantly, key points for a just planning system for Bali.

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C h a p t e r 17

Chapter 7 C O N C L U S I O N

7.1 Demonstrating the thesis 7.1.1 Motivation and interest

My motivation in realizing this research was brought about by being privy to many relentless discussions between various groups of krama adat at the Bedulu desa adat about the effects of tourism in exploiting numerous sacred cultural forms. These practices have on the one hand led to a mounting public discontent in the form of community resistance, and on the other to a contribution to the national and Balinese economy. I realized in the process that by being part of a globalized capitalist society, there are no limits to ‘economic benefits,’ my cynicism arising from a real concern as to whether these so called ‘economic benefits’ are designed to include the Balinese people, and the sustainability of their culture and environment, or merely for the economic wellbeing of the state and its commercial partners.

Overall, the last statement seems the most likely answer to such a query. In order to enhance the rental value of its hotel rooms and to also ensure maximum occupancy, the most logical choice for locating a hotel would be in the proximity of the Tanah Lot temple with its untold scenic beauty and spectacular beaches. On the other end of the scale however, to the modest and religiously devout Balinese, having to deal with inquisitive tourists in various states of undress, while concentrating on their religious rituals and ceremonies, is considered a major invasion of privacy. A similar comparison can be extracted from a scene of the congregation in a church, mosque, or synagogue in Australia, having to deal with the distraction of semi-nude people laughing, joking, drinking beer, and taking flash photographs.

Further alarming questions were also put forward at these discussions as to whether the Balinese should compromise their culture in order to conform to an insensitive economic development plan designed for Bali, which only supports the generation of profits by major enterprises and the Indonesian state. These and many more unanswered questions have indeed ignited serious debate, which has been the central motivation in carrying out essential research aimed at demonstrating that the planning systems imposed on the people of Bali by the Indonesian state are inappropriate, especially to the longevity of Balinese culture.

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7.1.2 Key points extracted from the central chapters

Each chapter contains underlying critical points that are central in demonstrating the thesis.

Chapter 1 highlights the critical situation of unregulated land development, – one among numerous alarming predicaments encountered by third world countries in general and Bali in particular, manifested in various forms of development where short-term economic profits are enduringly pursued, whereas cultural loss is unanticipated at all levels. Relating to such development and the urgent need for conserving Balinese culture, an examination relating to the appropriateness of the Indonesian state-imposed system to the Balinese context is drawn as the core focus of this study. Since both the traditional Adat and state systems to a large extent share dissimilar values, such a question is fundamental.

Chapter 2 discusses development in third world countries where tourism emerges as a source of revenue on one hand, and also provides reasons for economic migration and cultural deterioration on the other. As culture is turned into a tourist-commodity, eroded by the influence from the numerous forms of global culture, and provided with little or no protection for its prolonged existence, this chapter suggests that strategies for cultural conservation should be contained in every development plan. In association with the significance of territoriality to a cultural system and the issue of unregulated land development experienced in many countries, a critical example of culturally sensitive development would be the creation of a land use management system in which socially rooted values are considered in parallel with those of the market.

Chapter 3 has made it abundantly clear that in an attempt to achieve the two main agendas of elevating the national economy and promoting national unity, the Indonesian state/government has transformed the Balinese people and their way of life from a position of self-containment into a dependent society where development is planned and directed by the state. The process of decision- making is thus monopolized by the national government, turning the Balinese community into mere objects rather than being subject to their own ethical and moral precepts. Grass-root participation is therefore considered unnecessary at any level. This chapter contains further elaboration of this deculturization process considered inevitable when Balinese culture is forced to redefine its practices and uniqueness in conformance to the state’s definition of the so-called concept of ‘national culture.’

Chapter 4 reinforce the preposition that the national economic agenda and the instigation of national policies aimed at endorsing market strategies have unfortunately encouraged monopolistic practices. Together with a top-down system of government and a centralized decision-making body, it has indeed nurtured corruption, collusion, and nepotistic related routines, in relation to land development. It is common knowledge that well-established connections to corrupt government officials can secure one’s business plan, even where the re-zoning of a specifically conserved area

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is considered a prerequisite to development. Disregarding the capacity of national policies to regulate land and maintain equal and fair access to these resources, corrupt procedures have however undermined law enforcement, causing it to plummet to its lowest level, and contributing in turn towards chaotic land development throughout Indonesia but particularly in Bali.

Chapter 5 can be viewed as having two important facets. First, it demonstrates the alarming impacts of culturally unfriendly development as the major force in destroying the complex system of socio-spatial patterns that form the foundation of the Balinese way of life. As territoriality is central to all cultures, all these occurrences have also consequently led to the erosion of Balinese culture. Without overlooking the level of Balinese resilience to counteract such impacts, the second facet of Chapter 5 demonstrates government intervention as a determinant factor directing the level and type of land use change in certain areas. The three chosen case studies of Kuta, Ubud and Tenganan emphasise the practicality of this statement. The greater the involvement of government in matters of governance of an area, the more apparent and significant the negative impact on cultural practices.

Chapter 6 illustrates the deterioration of Balinese culture resulting from conflicting values held by the Balinese cultural system of Adat and the system of the Indonesian State. Crucial among these values is the forced adoption of a market- based society mediated through the state system of development (where self interest, competition, and production of profits are crucial), and the opposing communal way of life firmly rooted within the Adat system where resources are managed and used for the common good of the community. While the idea of national integration has consequently endowed the state with a dominant position over the Adat, its inconsistent values have compounded the state’s fears of losing control over its economic interests and issues of national unity at a local level. As such, the preventive action it takes is to persistently monitor and direct local practices to appropriately support the creation of national revenue and nationhood. As this ideology is imposed by specifically designed policies and procedures, the absence of a proper mechanism to assess its appropriateness in a local context such as Bali is overlooked.

As Chapter 7 underlines the significance of this study to the knowledge system and to the development of third world nations in general and the Republic of Indonesia in particular, a clear direction to future research has also been identified. This is important, as plans to extend this study, as post-doctoral research are imminent. Outlining the critical properties for the development of a just planning system, which would also be beneficial to other local communities throughout the world, is considered important, deliberately emphasizing the contribution of this study to Bali and its future survival.

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7.1.3 The validity of the thesis for Bali

Given the above reasons for carrying out this research and the outcomes derived from each chapter, the thesis has been explored in significant detail. Firstly, it reflects the ongoing territorial problems that have been experienced in Bali for more than forty years. Secondly, the thesis provides an in depth analysis on how the state with its imposed planning systems, are locked in critical conflict with the proven and functioning traditional Balinese system of Adat. This situation has in turn threatened the existence of Balinese culture. Finally, the thesis also points out the critical components that need to be represented within future planning systems in order to revitalize damaged culture, and to prevent further cultural deterioration. The thesis has therefore been extensively demonstrated in relation to the development of culturally appropriate planning systems for Indonesian localities in general, and most importantly for Bali in particular.

7.2 The nature of the research process 7.2.1 Data gathering

This research involved two major processes for data collection. The first process was achieved by exploring all available literature and other forms of secondary data. This data gathering was to a significant extent carried out in Bali, but a great deal was also done in Australia. The second form of data collection comprised a field survey, which was conducted in Bali. The rigours of facing the impacts of the local climate while conducting the field survey in Bali were extreme. Due to the heat, unexpected heavy rain, and humidity at that time, external survey work was extremely difficult.

Almost three and a half months was spent in Bali on the field survey gathering secondary data, conducting group discussions, and carrying out physical surveys on land use change in the areas of the three case studies: Kuta, Ubud, and Tenganan. A large proportion of this time was spent acquiring survey permits from the relevant government sources. Application letters were required from all government institutions, and because of this complex bureaucratic government system, the field survey was pressured for time. It took each government body at least a week to process an application.

In terms of time management and the planning of this survey, it was found easier to deal with the three-desa adat institutions of Kuta, Ubud, and Tenganan. Here members of the village council (prajuru desa/adat) were more cooperative and able to make immediate decisions in comparison to government officials. Unfortunately, government officials were inclined to take a longer time, as they had to act in accordance with the national bureaucratic system. For all decisions to be made, consultations and approval had to come from officers at a higher level. The other advantage of

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dealing with the Desa adat institutions was that they were not limited by the national work schedule, but by religious and community related activities.

There was only on one occasion when the field survey was faced with a considerably long delay, when organising the Ubud focus group. The schedule unfortunately coincided with the New Year festival of Caka, when the Balinese people busily prepare for this New Year celebration. On the first day of the Caka Year – Nyepi, everybody remains at home as life comes to a standstill. This is a very quiet period, as there is no traffic or people found on the roads. It is also experienced as the darkest night, as no one is allowed the use of any means of fire or light. The planned group discussions were finally held a few days after the celebrations.

7.2.2 Analysis and synthesis of the gathered information

All the relevant data gathered from these surveys have been presented using the three prominent methods adopted by the thesis. This is followed by a matrix of culture that demonstrates and analyses Balinese cultural forms and practices. Finally it concludes with the empirical data presented in figures, tables, and maps of land use change derived from the three case studies of Kuta, Ubud, and Tenganan. This data was then analysed by exploring global, national, and local contexts in chronological order, and synthesized in the context of my research questions using the hermeneutic approach. This enabled the derivation of deeper meanings from all the relevant elements that make up the planning practices of the state and the Adat. Observations involved in this study show that these elements are critically intertwined within the social, political, and economic policies and strategies that are taken into account, within the nation, and at the local level.

7.3 A reflection of the planning systems in Bali 7.3.1 The polarization of planning and culture

For most of my life, it has been apparent that the existing national planning systems polarize the Balinese way of life. National bureaucracies which are foreign to the Balinese, have been installed in matters relating to the management and use of local resources (for example), the instigation and implementation of national policies, national institutional systems, national forms of law, sanctions, and authority; omitting the desa adat institution from having a role in the instigation of the superimposed national planning system.

Even more critical to the Balinese people, is the fact that these systems of social control have transformed the status of the krama desa. Having successfully survived as an independent society for centuries, and guided by the independent social control of the Adat, they have been turned into citizens who are governed by a state and its policies, a process which is totally alien to them. It also

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has, as a main agenda, the fragmentation of an autonomous society in order to support the formation of a national modern state. This constitutes a national hegemony over a traditional community within the global environment.

7.3.2 Critical thinking, and participation

In relation to the polarizing influences on culture previously mentioned, the centralized planning mechanism and decision-making body does not provide its planning staff with the authority to address the issues pertaining to local circumstances based on local matters. Members of the planning staff in Denpasar, Gianyar, Klungkung, etc. are therefore not motivated to think actively and critically about their environment. Instead, the decision making process and outcomes are defined by the national planning system, and restricted by the fact that every decision has to be instigated and approved at a national level. This situation has also prevented the proper implementation and enforcement of the established planning systems which are all open to negotiation.

7.3.3 Corruption, ignorance, and investment

The issues of polarization, the negative input from discouraged planning staff, together with top- down government practices have all affected the implementation of political strategies at the local level. In such a questionable system, corrupt and nepotistic practices tend to take individual precedence over both local and national interests involving government officials at the highest- level right down to the grass roots, despite the fact that such sanctions are built into government policy. This situation has an unfortunate side effect whereby the economic mission of the planning system which is designed to generate national revenue, doubles as a system whereby corrupt officials can achieve diverse personal goals. Such insidious actions encourage planning practices to side with investors, rather than considering the welfare of the majority and the sustainability of the local population who cannot pay. Taking the general case study of Bali into consideration, this thesis has proven this statement to be true, that relatively unconstrained capitalistic and nepotistic practices have resulted in the conversion of Balinese culture into a commodity through mass tourist development, and the commodification of their land through urban planning.

7.4 The future of the Adat 7.4.1 The past state

This thesis has also made it obvious that prior to the enforcement of present national planning systems, the Balinese associated with their Adat systems, and the various forms of social and moral control of the krama adat. Mandatory sanctions and authority over the implementation of the Adat were completely under the control of the desa adat institution, the representative body of the krama

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desa. Amendments and updates to maintain relevancy and flexibility of the Adat and its affiliated institutions, including the form and the degree of sanctions, were also decided by the karma adat in community meeting/s. This procedure not only gave confidence to greater grass roots participation, but as every society differs in its geographical and social conditions, the communal decision making process is a reflection of these differences, which was imbedded within the Adat and its institutions that existed across the island.

This highly evolved society with its freedom to respond in accordance to desa, kala, and patra have brought about two prominent qualities within Balinese culture. Firstly, the society encouraged the emergence of a high level of participation as an integral part of culture, which in turn led to the construction of a resilient and committed community. Secondly, the diversity within the Adat system that existed across the island contributed towards the enrichment, complexity and uniqueness of Balinese culture.

7.4.2 The present state

The state of the Adat and its desa adat institutions as explained in the previous paragraph is in a state of significant disorder. To this extent, national planning policy is in the process of destroying its own major objective, namely revenue from tourism. The practices and adherence to the Adat systems and its related desa adat institutions are not recognized. The state does not see the Adat institution as an equal partner that shares similar interests (or rewards) from advanced market practices. Unlike the undermining exchange values within the state system, the Adat is founded on communally shared use values. The state views such a concept as a threat to its autonomy, one that deters from its defined agenda of realizing a market-based economy and national integration. Adat related practices are consequently omitted or strictly controlled by state systems. Examples of such actions are clearly demonstrated within this thesis, especially when it comes to the enforcement of the Indonesian Basic Regulations and Agrarian Principles (BRAP).

Given the resilience and protective attitudes of the Balinese over their traditions, the state and its planning system have not yet wholly succeeded in penetrating all aspects of Balinese society. Under strict regulation and persistent control, the state allows the Adat system minimal governance over matters pertaining to tradition and culture. The Adat and its complimentary institutions are practiced on a parallel basis with the state’s systems and its institutions at a village level. A Balinese desa therefore practices both the dual systems of the Adat and the state system. Unlike the Balinese desa adat institution, the state does not recognize Adat related outcomes. This arrangement is crucial in order to maintain state control over local matters, and to encourage the generation of financial benefits by maintaining and exposing Adat practices to tourists.

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7.4.3 The future state

Two dominant players will therefore determine the future of the Adat system, the Balinese and the Indonesian state. While the Balinese have demonstrated great respect in endeavouring to prolong Adat practices, the state on the other hand has undermined this Balinese determination. This thesis has shown that the state’s domineering position over the Adat has endured ever since Bali’s integration with Indonesia, and in the pursuance of its ideology for national unity. Such overwhelming domination is unlikely to end any time soon.

The thesis and its case studies presented above, – especially those in conjunction with territorial practices – have substantiated the oppressive political attitude of the state. Such an attitude has contributed to the deterioration of Adat practices, and this will undoubtedly lead to its disappearance over time, since no capitalist economy is prepared to preserve feudal forms of social behaviour, particularly if these norms are seen to sterilize or erode profits from land development. This is not to point the finger solely at state domination as being the only cause, since it also emerges from the development of current global cultural trends. But the fact facing Bali is that the state’s agenda in developing Bali’s tourism for economic reasons has exposed the Adat (the soul of the Balinese cultural practices and forms) to global forces, with inadequate means of protection for this ancient cultural system. Admittedly, in this modern world, most traditional societies have a tendency to move away from their traditional practices towards modern forms of behaviour (Shaw and Williams 1994, Christopher 1995). I have acknowledged elsewhere that culture is a dynamic force, clearly subject to change. While there is an eagerness on the part of the state to make the best out of these available resources – i.e. the culture, the unique identity of a society, it also has the responsibility to ensure that these resources are well conserved and utilized. It is not a simple task to establish a proper balance, and this is far from being accomplished in the case of Bali.

So the future of the Adat system is at this point in time seriously compromised. If the present state of affairs facing the Adat is to be prolonged, it is feared that future Balinese generations will not have the opportunity to experience the complexity of their own culture. Alternately, tourists will not be able to experience the uniqueness of Balinese traditions, one of the central reasons for travelling thousands of miles to visit. In addition, the state will no longer be able to raise much needed revenues from the benefits of Balinese culture, as the culture is bound to vanish. In the process, the state therefore effectively destroys one of its greatest sources of income. This entire scenario could have been avoided if the state had recognized the significant role of the Adat in the past, prior to national integration, and had provided contingencies for its prolonged evolution.

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7.5 Significance of the research 7.5.1 Uniqueness of the study

Over the years, but particularly since 1990, there have been a significant number of works published on Bali, i.e. that of Robert Pringle (2004) on a short story of Bali; Ni Ketut Pande Dewi Jayanti’s Thesis (2003) on Balinese building codes; Budi Faisal’s PhD dissertation (2002) on decentralization and spatial planning in Indonesia; Michael Picard (1996) on Bali’s cultural tourism and touristic culture; Geoffrey Robinson (1995) on the political violence in Bali; Bruce Mitchel (1995) who has edited various articles on critical issues facing Bali into an edited book entitled ‘Bali, balancing environment, economics and culture’; Setiawan Bakti (1995) on urbanization and the sustainability of Bali: a view from Denpasar; Fred B. Eiseman, JR (1990) on Balinese culture; Miguel Covarrubias (1937), etc. Nonetheless, the uniqueness of this study is an outcome of its own distinctive research focus which differs from all the above projects, none of which address the inappropriateness of planning systems imposed by the Indonesian state, to the Balinese context. It further demonstrates that state-spatial related planning has resulted in either the conversion of various territorial forms required for Balinese cultural practices or serious intrusion and modification of those practices.

As territory (land) is often conceived on the one hand as an ancestral legacy in a communal society such as Bali, and a basic means of production in a capitalistic world on the other, this resource is therefore important for both societies. This study has analysed the significant meaning of territory, as well as the impacts of its decline for whatever reason, on local culture. Discussing the idea of cultural conservation is a substantial research topic, which has not yet been fully explored. At the same time this topic is not isolated from the previous studies done on Bali, whose foundation has supported its completion.

7.5.2 Significance of the study a. Contribution to knowledge

By executing a specific case study of Bali which has undergone serious political and economic transformation, this thesis has advanced existing knowledge by demonstrating that planning systems should address culture and identity as the foundation for economic planning. This is critical to the success, enforcement, and implementation, of the planning system itself. It performs a further role as a vital component in building up the internal buffers that protect culture from the deteriorating impacts brought about by market related practices, and the formation of a global culture that swamps the various traditions of a much smaller and weaker local culture (Sofield 2003, Gleeson and Low 2000).

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While modern planning theory – especially that which pertains to land use and management – conceives functions, economic values, and geography, as the primary factors in determining zoning, taxes on land, land rental and markets, a traditional land management system such as that which existed in Bali did not share similar concerns, since it is undermined and destabilised by these concepts. The Balinese, rather than believing in zoning systems, had land classified in accordance to its level of sacred value, and tenure on land was not traded but granted to its krama desa.

Although modern planning theory about land use management promoted by e.g. Chapin and Keisek have embedded social values into their fabricated planning mechanisms, these values actually promote, encourage, and reinforce an ideology alien to traditional local culture. This thesis accentuates the fact that groups consisting of people who belong to particular value systems are best suited to identify the scale and type of process appropriate to their involvement. It also emphasises that planning as a process should be aimed at the people, and that it is not appropriate for the state to unduly exercise its power to promote the global over the local. This study further highlights that planning should neither be traditionalized nor modernized, but used as a process that is internally evolved, participated in, and developed from within. The bottom line is that the people to whom planning is devoted should have the right to influence its outcomes, not merely for self- preservation, but also for sustainable economic development as well. b. Contribution to development at a local, national, and global level

Although this study has concentrated on the wholesale destruction of traditional culture, its significance extends beyond local boundaries. At a global scale, this thesis suggests that the negative impacts of unregulated tourism on certain cultural practices and forms, despite bringing pleasure to travellers, revenues to government and to business communities, traditional culture is in the process of disappearing. It also examines culture as a means to promote the longevity of tourism and its development within the island on the basis of extensive revisions to state policy. The study shows how culture has been transformed into a market commodity, and how it has been compromised, thus leading to its deterioration. It demonstrates the crucial yet destructive role played by urban planning practices. No doubt, these are practices that may have also brought certain benefits in the form of better infrastructure overall. However, the purpose of this thesis has not been to trade off electric light against the disappearance of the culture, but to examine the dark side of development.

At a local level and self – critically, it is also important for the Balinese to become more pro-active and conscious and involved, in taking responsive action to help protect their culture from the harmful impacts induced by outside forces. At a national level, this study provides the Indonesian

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national government with critical feedback for developing culturally sensitive local development plans, where cultural issues are addressed alongside federal economic and political agendas.

7.5.3 Creation of a new research methodology

A distinctive trait of this study has been the use of Hall’s functional matrix of culture that conceives culture as method of communication belonging to its owners. Although this matrix was developed by an anthropologist, it is a singularly useful approach that allows researcher/s to identify the components that constitute a cultural system. It also enables relationships between these cultural components to be drawn, and the corresponding complexity of the culture to be observed. Given the knowledge that each culture possesses its own uniqueness, it allows one to examine how cultures differ or converge by evaluating one matrix with another.

Having rigorously tested the effectiveness of the matrix in use, the value of the method has been clearly demonstrated. It can now be recommended as a proven research methodology pertaining to cultural studies in general, especially to those that aim at demonstrating and analysing the cultural systems of a particular society. This is also true where existing cultural values have not yet been fully transformed into that of ‘modern’ society, primarily influenced by the forces of industrialization and modern marketing principles.

7.6 Limitations to the research process 7.6.1 Time and financial constraints

A great amount time and effort has been required to conduct this research and to incorporate the various research findings into the thesis. It has also been limited by the financial support available in carrying out this study. These limitations were especially felt when the need for international travel between Sydney (Australia) and Bali was required for the process of data collection. It was obvious that the required data could not be gathered as frequently as if the case studies took place in proximity to where I resided in Sydney. To overcome this situation, numerous requests by electronic and standard mail were made from group of contacts in Bali to source the missing data when necessary, although this was not always successful. On several occasions, this data gathering process encountered a situation where specific government institutions refused to provide essential data to individuals who did not have their names printed on the survey permits, despite the fact that these people were part of an official research team. Unfortunately this bureaucratic red tape frequently delayed the process of collecting the missing information, and on occasion, it was impossible to obtain at all.

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7.6.2 Available information

Apart from the circumstantial explanation provided above, unsuccessful efforts in collecting certain data can be also attributed to several facts. Firstly, the specific data not being available, e.g data on internal migration in Bali, planning systems for Bali, holders to land rights, on land tenure held by the desa adat institutions throughout the island, etc. Secondly, having been successful in sourcing the relevant data but finding inaccuracies and inconsistencies in them. This was profoundly obvious in trying to formulate chronological trends within the data, such as population growth, economic growth, land use changes, etc. Thirdly, although the required data was frequently available, for unknown reasons it was withheld from members of the public. This data included government- planning decisions regarding the development of the Bakrie Nirwana Resort, the Garuda Wisnu Kencana, and most of the other controversial construction projects that generated public discontent. However, even these negative events provide positive input to future research by providing information about the context and limitation of field activities.

While these limitations are common in developing countries, they are also part of the reality in conducting appropriate research, and certain of these have been indicated in the text. Nonetheless, this thesis consists of assumptions and concluding points that are based on real practices and facts, as well as acquired statistical information and written documentation as appropriate. Being a person of Balinese heritage, such assumptions are also based on my own factual experiences, being privy to numerous community discussions held at the Bedulu desa adat, when the author lived in the Gianyar district of Bali, combined with newspaper and online information. So the author’s own subjectivity and experience also constitute a research resource.

7.6.3 Theorizing in another language

Coming from another country where English is only occasionally used as a second language, and having to carry out and document this study in English has also contributed to additional obstacles. Grammatical and syntax errors; incomplete sentences; missing prepositions; confusion in using articles, especially ‘the’; inappropriate use of words to adequately express their meanings; limited use of the vocabulary; the over use of certain words; etc., are frequent mistakes encountered at the writing stage. Inevitably, comprehending and theorizing in English has also not been easy. The situation has subsequently demanded extra time and endeavour.

Nonetheless, the author understands that language is a prime means of communication, and furthermore recognizes that learning a foreign language is not a mere process of literal translation. It is about learning how thought processes have affected the formation of the language itself. This can be seen from the various levels of complexity and diversity of structure that each language possesses. Being exposed to such a transformation process, the completion of this study has

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therefore been rewarding on one hand and quite a relief on the other. It is rewarding, as the study itself was a process of acquiring new knowledge as well as depicting interactional forms and practices relating to learning a new system of knowledge and its inherent philosophy and logic. It is also fulfilling, as the actual product of all the efforts channelled into this study have been finally realized.

7.7 Research direction and possibilities

With the focus on conserving Balinese culture because of the threat to its longevity with the implementation of insensitive state planning systems, the continuation of this study and the successful contribution of its findings will require consideration and hopefully support for independent studies by government. These studies should be independently conducted and remain autonomous from interference which could come from government officials or bodies, private enterprise, or other parties that might distort or bias outcomes.

7.7.1 Topics for future research

The major substantive areas for additional study which are surfaced from my thesis fall into three main areas. a. Global and national considerations 1. Globalization is a huge topic. But what is needed in Bali is independent investigation into the exact nature of foreign/national investment and the extent to which this investment improves existing infrastructures, services, and employment.

2. The 2002 Bali bombing demonstrated how fragile and dependent the local economy is on overseas investment and tourism. We need significant research on how the Balinese economy can return to self-sufficiency and full employment, limiting tourist-related activity and restoring Balinese culture with a sustainable balance between economic independence and reliance on multi-nationals.

3. Independent studies must be undertaken to determine a fair return on profits to the national government, to the local people, and to investors. Corruption, monopolistic practices, and the enforcement of law are also a serious problem and need to be investigated. b. Local considerations

1. In order to know exactly how Balinese culture should be conserved, major research needs to be conducted on the relationship between culture and space. Each activity needs to be recorded and mapped, so that a “Socio-Spatial Matrix” can be established. E.T.Hall’s Matrix

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of Culture (Hall 1973) can also be adapted for this purpose, as well as Christoper Alexander’s “Pattern Language” (Alexander et all 1977).

2. Traditional Balinese culture is fundamentally an oral culture, so social institutions are imbedded within its members and their language traditions. This situation needs to change, whereby these processes are recorded for posterity in significant detail, i.e. with case studies as in common law practice. The key reason for this is so local people can have a concrete exposition of their traditions in any debates with national government agencies.

3. Studies in the area of economic anthropology need to be conducted to predict what changes need to take place in order to encourage economic self-sufficiency in terms of agriculture, fishing, crafts, and other local industries, in order to reverse the process set in place over the last fifty years or so, but particularly since the end of Dutch occupation. c. Urban planning 1. Research is so lacking in this area that it is difficult to determine exactly how the local planning system operates in any detail. Combined with corrupt practices, preferential treatment to elites, and monopolistic intervention, it is clear that a modern planning system is barely present. How planning works in Bali needs to be documented in great detail, with significant additional case studies beyond the scope of this thesis, how planning actually works rather than how it is supposed to work.

2. An independent study then needs to take this information and propose significant change which also incorporates the working of the working the Adat and desa adat institution, to be documented as b.2. above.

3. On this basis, legislation needs to be wholly revised and replenished. This will require significant research in Indonesia and overseas to establish best practice in regard to cultural conservation. The law will then need to be enacted within a system of enforcement, control, and penalty for non-compliance, as well as serious checks on the behaviour of government officials and employees.

7.8 Towards a just planning system

The major function of my thesis has been to demonstrate that modernist planning systems as reflected in the current planning system in Bali in particular, are wholly inappropriate to the local context. Positively stated, a new planning system needs to be evolved that can deal with the traditional Balinese way of life in a just, humane and reinforcing manner. I have clearly demonstrated the current problems and conflicts in my case studies and analysis.

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At one level, the Balinese people are no different from the Maoris in New Zealand, the Australian Aborigines or the American Indians such as the Inuit or Navaho. In each case, some form of Imperialism (Dutch or British) resulted in the lands, labour and resources of native people being usurped, and a hegemony established. This domination was not even in its effects, ranging from near genocide on the one hand, to complete integration on the other. At another level, each scenario was unique, and the Balinese case has very different features to these other examples. While it has never been my intention to design a new planning system for Bali, I have had four years to think about the problem, and consider that the following 10 qualities of a new system might be a good place to begin:

1. The author considers that the entire Island of Bali should be declared a world heritage site due to the uniqueness of its culture and institutions. Since there is a clear case that development is already damaging this environment, a moratorium on any new development should take place until an appropriate institutional framework can be established.

2. In principle, any planning system for Bali should be generated by an independent authority that incorporates the interests of the local people in the form of desa adat representation. Absolute recognition should be made of the fact that land is held in common for the ancestors and is not in private ownership.

3. Where possible, any past erosion of Adat lands with no remuneration, should be restored and integrated into the traditional value system at no cost to local communities. This would require considerable research into owners who had profited from the conversion of Adat land to private property. Profits should be shared with the local krama adat.

4. Any new planning system for Bali should have relative autonomy from Jakarta. Clearly Bali has to contribute to the national economy, but it can still do this and retain its independence as a unique cultural environment that cannot be governed at a distance. The mechanics of this process would have to be negotiated prior to any new planning system being designed.

5. The intersection between the existing administrative and political framework and the traditional boundaries of desa adat need to be examined as the foundation for land use planning, and adjusted accordingly.

6. The new system should be based on preserving and restoring all religious monuments, temples and sites. This is non-negotiable. Since these frequently overlap with tourist interests e.g. beaches, a clear mandate should prevail which protects local values and traditions. These areas must not only be protected as sites but also in terms of visual blight, noise and waste.

7. Planning should protect and enhance the idea of sustainable economic development in both rural and and urban environments.

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8. The evolved planning apparatus must develop an entirely new system of legislation that incorporates traditional values, and enhances traditional culture against that of international and crony capital, monopolies, and all forms of vested interest, particularly in regard to non- urban land use and infrastructure. Customary laws may need to be articulated in written documents which preserve the concept of use values over exchange values.

9. A system of policing and enforcement should be set in place to guarantee that new laws are enforced and upheld.

10. Any new system will need to be monitored by an external agency for at least five to ten years to ensure that prevailing elite interests are accorded no privileges that would disturb any new system of planning.

Finally, the author would like to note that each of these qualities would demand significant background research at a variety of levels. Also, the intention of establishing a just system which recognizes traditions is not meant to be punitive on speculation. But it does recognize that sustainable development for Bali must be bought in the long term with setting things right in the present. Otherwise the island will simply be turned into yet another holiday camp, remembered only in postcards for sale to tourists.

Thank you for reading this thesis.

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Aceh : A predominantly Islamic province situated in northern Sumatra Adat : Customary law Adepa : Measurement calculated by using the length of one’s arm Alun-alun : Community squares Ambon : Capital city of the province of Molluca Ampenan : A famous port of the Lombok island Angga : Sanskrit term for body Anggara Kasih : Regarded as a special day when a certain Tuesday coincides with Kliwon Anggaran Pendapatan : Local budget Belanja Daerah Anggaran Pendapatan : National budget Belanja Negara Anyari : The length of one’s middle finger Apenelengan : The visible distance between an object and a point where one starts to loose sight of an object Arca : The statue of a deity carved from natural stone Arthadanda : A sentence imposed by the Adat on one’s property or material possessions Asta Kosala Kosali : Balinese guidelines for buildings and scale Awangan : A road/space that connects 2 linear blocks containing houses in Tenganan Ayahan : Voluntary physical contribution/ voluntary labour Badan Koordinasi : The Local Investment Coordinating Board Penanaman Modal Daerah Badan Perencana : The Local Development Planning Board Pembangunan Daerah Badan perencana : The National Development Planning Board Pembangunan Nasional Badan Pertanahan : The National Land Agency Nasional Badung, Gianyar, Tabanan, Jemberana, : The names of eight districts located in Bali Buleleng, Karangasem, klungkung, Bangli : Consisting of twelve-prajuru adat from Tenganan. Six of them are Bahan Bahan Roras Duluan/Kelihan desa, whose major role is to plan and govern the village on a daily basis. And the others are Bahan/Tebenan whose role is to substitute members of the Bahan Duluan Bahasa Indonesia : The national language of Indonesia Bahasa Jawi/Jawa Kuno : Ancient Javanese language Bala : The twenty fifth wuku in the Wuku year Balai banjar : Banjar hall : A tower containing an elongated hollowed out dried tree trunk, which produces a Balai kulkul unique sound when struck with a stick suspended from it. It is used as a means for communication between community members Balai Agung : A sacred community building in Tenganan, where members of the krama inti hold their monthly meetings Balai patemu/patemuan : A building where members of the Tenganan sekeha teruna hold their regular activities Bali Post : One of Bali’s local newspapers Bali Age : Native to Bali Balian : Traditional Balinese healer Balinese gamelan : Balinese traditional music instruments

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Glossary Banda : Binder Banjar Kauh : Banjar members residing in the western section of Tenganan’s residential area Banjar Pande/Kastale : Banjar members residing in the eastern section of Tenganan’s residential area Banjar suka duka : Banjar/banjar adat Banjar tempekan : Sub- banjar/banjar adat/banjar suka duka Banjar Tengah Kajanan : The northern part of Banjar Tengah in Tenganan Banjar Tengah Kelodan : The southern part of Banjar Tengah in Tenganan Banjar Tengah : Banjar members residing in the central section of Tenganan’s housing area Banjar : Neighbourhood association, some scholars refer to it as a hamlet Batak : A local community found in a North Sumatra province Batubulan : A centre for stone-carving and wooden furniture industry, situated in the Gianyar district Bedulu, Peliatan, Pejeng, : Villages situated in Gianyar district Payangan Bendesa adat : Leader of a desa adat institution Beraban : A desa adat where the Bali Nirwana Resort is located Bhineka Tunggal Ika : Indonesian national slogan which means diversity in unity Bhisama : Adat guidelines for development of nearby temples Bhuta kala : Evil spirits Brahma : A Hindu deity whose role is to create this world Brahmana caste : A caste with the main duty of leadership in ritualistic ceremonies and the responsibility of ritually related activities/interactions Buda Cemeng : A special day when Wednesday coincides with Wage Buda Kliwon : A special day when Wednesday coincides with Kliwon Bukit : Hilly areas situated mostly in the southern part of Bali Bupati : Leader of a district (part of the Indonesian government system) Calonarang : A Balinese dramatic performance with the theme centred on a conflict between those who master and practice magic Camat : Leader of a sub-district (part of the Indonesian government system) Campuhan : Name of a major river in Ubud. It is also the name for a hotel built next to the Campuhan River Canang : A form of offering that has colourful flowers arranged on an artistic base of nicely crafted and well plaited palm leaves Candi : A Javanese term for temple Candi Dasa : A main tourist destination in the Karangasem district Caturwara : A 4-day week (Sri, Laba, Jaya, Menala) Ceking : A desa adat located in the Tegalalang sub-district of the Gianyar district Celuk Waru : Name of a temple situated in Kuta Ciwa : A Hindu deity whose role to destroy this world when the time comes : A ceremony catering to those who (are eliminated from their ancestral lines) for Cudamani particular reasons (divorce, death (widow), etc.) is intended to reunite them with their original ancestors Dalang : A shadow puppeteer Dalem Tunon : Name of a temple situated in Kuta Dana Inpres : The budget that is allocated and based on Presidential Instructions Demak : The first Islamic kingdom that invaded Java Denpasar : Capital city of Bali province Desa Adat institution : Balinese local community institution that governs a desa adat and its krama adat/desa Desa Adat Pekambingan : A desa adat situated in Denpasar kotamadya Desa Adat : A traditional Balinese village which has been referred as 'desa pekraman' since the instigation of the Provincial Act no.3/2001 Desa Baliage : Balinese native villages Desa dinas or kelurahan : Terms used by the Indonesian state to describe a village Desa : Space/place/ village, and also means villagers

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Glossary Dewan Perwakilan : The House of Representatives Rakyat (DPR) Dewan Perwakilan : District / Local House of Representatives Rakyat Daerah Dewasa melah : The best day for particular activities according to the Balinese calendar – tika Dinas Pekerjaan Umum : Dinas for Public Works Dinas : A local government agencies whose duty it is to implement particular issues at provincial and district levels Dresta/awig-awig/sima : Synonyms for Adat (customary law) Dukut : The twenty ninth wuku in the Wuku year Dungulan : The eleventh wuku in the Wuku year Durian : Durio Zibethinus (A fruit where the tasty flesh covering the seeds is eaten, the seeds are contained in various compartments encased in a hard spiky shell. It has a very overpowering smell. Dwiwara : A two-day week (Menga, Pepet) Dynasty Hotel : The name of a hotel situated in Kuta Ekawara : A one-day week (Luang) Garis-garis Besar haluan : General outlines for the nation Negara Garuda : A mythical bird which is said to resemble the Eagle Gelgel : One of the Bali’s famous kingdoms situated in the Klungkung district Gubernur : Governor Gumbreg : The sixth wuku in the Wuku year Gunung : Mountains Hak guna bangunan : The right of building Hak guna usaha : The right of exploitation Hak membuka tanah : The right of opening up the land Hak memungut hasil : The right of collecting forest products Hak menumpang : The right of temporary occupation Hak milik : The right of ownership Hak pakai : The right of use Hak sewa : The right of lease : Rights given to desa adat institution and krama desa to use adat land with a condition Hak Ulayat that all use should be adjusted as such as to fit in with the national and state’s interests, based on the unity of the nation and shall not be in conflict with the acts and regulations at a higher level Ijin Lokasi : Location Permit Ijin Mendirikan Bangunan : Development Permit Ijin Prinsip : Principal Permit Inpres : Presidential Instruction Irian Jaya/West Papua : A province located next to Papua New Guinea Jaba pura : Conserved space outside temple which is mainly used for temple related activities Jimbaran : A desa adat situated in the southern part of the Badung district Jineng : A barn used for storing rice Jiwadanda : Adat sentence on one’s soul or ego Julungwangi : The nineth wuku in the Wuku year Kabupaten : District Kaenem : Sixth Kaja : Northerly direction Kajeng Kliwon : A special day that comes every 15 days Kala : Time Kampung : Village Kampung seniman : A dwelling for artists or a village where the artists reside Kangin : Easterly direction

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Glossary Kantor wilayah : The provincial representatives office for technical ministries Kanwil Pekerjaan Umum : Kanwil of Public Works Kapat : Fourth Karo : Second Kartika Plaza : The name of a hotel situated in Kuta Kasa : First Kasinoman : Messenger Katiga : Third Kauh : Westerly direction Kaulu : Eighth Kawasan budidaya : Used/cultivated areas/zones Kawasan lindung : Conserved areas/zones Kecak : A performance where the music is oral and created by a group of actors involved in it Kecamatan : Sub-district Kedasa : Tenth Kediri, Singasari, and : The three empires from the island of Java that introduced Buddhism and Hinduism to Majapahit Bali Kelih : Mature, old Kelihan banjar : Leader of a banjar/banjar adat/banjar suka duka Kelihan sekeha : Leader of a sekeha Kelima : Fifth Kelod : Southerly direction Kepala desa or lurah : Leader of a desa dinas Kepitu : Seventh Kepulauan Sunda Kecil : Lesser Sunda Island Kesanga : Ninth King Sri Sanjaya : One of the kings of the Javenese Mataram Kingdom. Kintamani : One of tourist destinations in the Bangli District where Lake Batur is situated. Klawu : The twenty eighth wuku in the Wuku year Korupsi, kolusi dan : Corruption, collusion and nepotism nepotisme Kotamadya : Special district Kotamadya Denpasar : The only kotamadya in Bali Krakatau : A volcanic mountain located between the islands of Sumatra and Java. Krama adat/desa : Member/s of the desa adat Krama desa angendok : Non-members of the Tenganan desa adat who are invited to temporarily reside in Tenganan’s banjar Pande for a particular purpose Krama desa pulangan : Those people from the Tenganan’s krama desa inti who fail to conform with the Adat system Krama desa suci/inti : The Main karma desa for the Tenganan Desa Adat Kresna Kepakisan : The ruler who was assigned to represent the Majapahit Kingdom in Bali Krulut : The seventeenth wuku in the Wuku year Ksatrya caste : The caste with the main duty of defending the village from invasion/attacks Kulantir : The fourth wuku in the Wuku year Kuningan : The twelfth wuku in the Wuku year Kusamba : A desa adat situated in Klungkung district Kuta : A major tourist destinationlocated in the southern part of Bali’s coastal area Lake Batur : A lake situated in the Bangli District Landep : The second wuku in the Wuku yea Langkir : The thirtieth wuku in the Wuku year Lebih : A desa adat situated along the Lebih beach in the district of Gianyar Legian : Prior to 2000, this village was a part of Kuta’s Desa Adat. At the present however, Legian is a desa adat on its own

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Glossary Lodtunduh : A desa adat situated in the district of Gianyar Lombok : A neighbouring island which is geographically situated on the eastern side of Bali Lotring : Balinese musician that taught Colin McPhee (an American scholar) in Kuta Luanan : The five most senior adat leaders among the Tenganan prajuru adat whose main role is to provide advice and guidance in implementing the Adat System Made : Part of the naming system in Bali that identifies one as the second child in a family Madya : Middle Magebag : The overnight companionship provided to a bereaved family, by members of the community and relatives Mahapatih Gajah Mada : The greatest warrior of the Majapahit kingdom Majapahit : The greatest Hindu kingdom of Java Majelis : People’s Consultative Assembly Permusyawaratan Rakyat Makocok : Balinese roulette Mas : Handicraft Centre for woodcarving in Bali, situated in the district of Gianyar. Masiat sampian : A cultural war re-enactment using well decorated and plaited palm leaves as weapons Matahari Kuta Square : A shopping centre built on a site in a close proximity to the Dalem temple in Kuta. Matal : The twenty first wuku in the Wuku year Mecaru : A ritual ceremony aimed to maintain balance between human beings, nature and evil spirits Meceki : Balinese card game Medangkungan : The twentieth wuku in the Wuku year Medangsia : The fourteenth wuku in the Wuku year Melali : Play, recreation Memasyarakatkan pariwisata dan : The indoctrination of the concepts of tourism within society mempariwisatakan masyarakat Menail : The twenty third wuku in the Wuku year Merajan : Family shrine Merakih : The eighteenth wuku in the Wuku year Molluca : A province that lies between the islands of Celebes and Papua. Nagari : A village in a Celebes Island Nandes : The only adat leader from Tenganan who comes from banjar Pande/Kastale and whose task, it is to ensure the cleanliness of the entire Tenganan desa adat Natah/natar : Open space in the centre of a compound (house, temple, public building) Negara : State Negara Indonesia Timur : The East Indonesian State Ngaben : Cremation ceremony Ngayah : Provision of voluntary labour to the temple/s Nista : Lowest area/point/form. Nusa Dua : A major tourist destination situated in the southern part of Bali’s coastal area. Nusa tenggara Timur : Eastern part of the Lesser Sunda Islands Nyentana : A marriage procedure where the groom lives with the bride’s family Nyepi : A celebration to welcome the start of the Saka year Odalan : Regular ceremony held to celebrate the completion of a certain temple/shrine Orde Baru : The New Order introduced from1966 to1998 Padang Bai : A port situated in the eastern part of Bali (Karangasem district) Pakenungan : Name of a temple situated in Kuta Palemahan : Territory Palu : A province situated in the middle of Celebes Island Pancasila : Comprises of two Sanskrit words of Panca=five and Sila=ideology. Pancasila means the five ideologies (beliefs in God; humanity; national unity; democracy; and

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Glossary prosperity) that represent the Indonesian State Pancawara : A 5-day week (Umanis, Pahing, Pon, Wage, Kliwon) Pangembang : A Special day when Sunday coincides with Kliwon Pangi : Pangium Edule Panglong : Waning days Parahyangan : Place to conduct ritual practices, i.e. Kahyangan Tiga Parangbakat : The twenty fourth wuku in the Wuku year Pasedahan : A desa adat adjacent to the Tenganan (Pegeringsingan) desa adat in the Karangasem District Patra : Situation Patus : Material contributions (coconut, oil, palm leaves, banana leaves, eggs, rice, bamboo, etc.) Pawongan : Member of a community (krama desa) Pedanda : The high priest who usually comes from the Brahmana caste Pekaseh : Leader of a subak association Pelinggih : Shrine Pemangku : Priest who is usually in charge of ceremonies at a certain temple Penanggal : Waxing days Pengelundupan : Part of Tenganan’s prajuru adat whose membership is prominently composed of newly married couples Pengosekan : A desa adat situated in the district of Gianyar. Penyakap : Sharecropper Penyarikan : Secretary Perang pandan : A ritual using a bunch of thorny pandan leaves as weapons Perareman : Regularly updated Adat related guidelines on how the Adat system is implemented on a daily basis Perbekel : Desa, village Perda : Local Regulations Pesanggrahan : Rest house Petengen : Treasurer Piling-Piling : Name of a cemetery in Kuta Pola Dasar : Basic guidelines for local development Pembangunan Daerah Prajapati : Cemetery Prajuru adat : Adat leaders Pujut : The fifteenth wuku in the Wuku year Punggawa besar : The highest general Pura Desa, Pura Dalem, : The three temples comprising of the Kahyangan Tiga Pura Puseh Pura Dugul : A temple used for worship by farmers Pura Segara : A temple used for worship by fisherwomen/men Pura : Balinese term for temple Puri : Palace Purnama : Full moon Rencana Detail Tata : Detailed Spatial Plan for a City Ruang Kota Rencana Pembangunan : Five Year Development Plan at a Local Level Lima Tahun Daerah Rencana Pembangunan : Five Year Development Plan Lima Tahun Rencana tapak : Site plan Rencana Tata Ruang : Spatial Plan at a District Level Wilayah Kabupaten Rencana Tata Ruang : Spatial Plan at the National Level

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Glossary Wilayah National Rencana Tata Ruang : Spatial Plan at a Provincial Level Wilayah Propinsi Rencana Tata Ruang : Spatial Plan Rencana Teknik Ruang : Detailed Technical Plan for a City Kota Rencana Umum Tata : General Spatial Plan for a City Ruang Kota Riau : A province located in central Sumatra. Rwa Bhineda : Balinese concept of opposition, good-bad; west-east; up-down Sad Kahyangan : The six major temples that exist in Bali Sadwara : A six-day week (Tungleh, Aryang, Urukung, Paniron, Was, Maulu) Saka calendar/year : Balinese Hindu solar-lunar calendar/year Sangaskaradanda : Adat sentence of purification Sanggah : Family shrine Sanggaran : The name of a temple situated in Kuta Sangkep, samua : Community meeting Sanksi-sanksi Adat : Adat sanctions Sanur : A main tourist destination situated to the east of Denpasar Saptawara : A seven-day week (Redite (Sunday), Coma (Monday), Anggara (Tuesday), Buda (Wednesday), Wraspati (Thursday), Sukra (Friday), Saniscara (Saturday)) Sebel : Un-clean or un-holy. A temporary condition when one is not allowed to either enter sacred spaces or participate in activities held within. This is due to specific reasons, i.e. menstruation, experiencing death, abusing the Adat, newly wedded couple, a mother who has just given birth, a newborn baby Sekeha Daha : Female-youth association in Tenganan Sekeha gamelan : Music association Sekeha jogged : Dancing association Sekeha manyi : Harvesting association Sekeha teruna teruni : Youth association Sekeha teruna : Male-youth association in Tenganan Sekeha : A local community association established on similar interests Selasih (Puhu) : A desa adat situated in the district of Gianyar. Selunding : Traditional musical instruments, unique to Tenganan Seminyak : Prior to 2000 this village was part of Kuta’s desa adat. At the present however, Seminyak is a desa adat on its own Sendratari : A performance where the oral dialogue between actors/actresses are narrated by the dalang (dubber) Sentana : A man who conducts nyentana (marriage) Sideman : A desa adat situated in the district of Karangasem. Sinta : The first wuku in the Wuku year Sistem Perijinan : Permit System Subak : Local association that manages the traditional irrigation system Sudra caste : The caste with the main duty of assisting and working for people from the other castes of the brahmana, ksatrya, and weysia. Sukawati : Centre for handicraft or art market that is situated in the district of Gianyar. Sungsang : The tenth wuku in the Wuku year Suwung : An area situated to the south of Denpasar with dense mangrove forests. Tajen : Cockfighting Tambalapu Roras : Twelve community couriers from the community of Tenganan . Six of them are called Tambalapu Duluan and the rest are named Tambalapu Tebenan Tambir : The nineteenth wuku in the Wuku year Tamping Takon : Two of the most senior Bahan Duluan in Tenganan who act as the core leaders of this group

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Glossary Tanah adat : Adat land. Ancestral lands where management, distribution, and use is controlled by the desa adat institution Tanah Ayahan Desa : Part of the adat land where the cultivation is carried out by group of community members who are willing to provide the desa adat with help whenever required Tanah desa : Tanah druwe desa. Part of the adat land which is used for communal needs, and managed by the desa adat institution Tanah druwe desa : Part of the adat land which is used for communal needs, and is managed by the desa adat institution Tanah laba pura : Part of the adat land which is either used or cultivated to support temple activities Tanah Lot temple : One of the Sad Kahyangan temples built on the Tanah Lot peninsula, of the desa adat Beraban in the district of Tabanan. Tanah Pekarangan Desa : Part of the adat land that is given to the krama desa to build their houses. Tanah : Land Tapak : Length of one’s foot print : A space reserved in the traditional Balinese house compound, which is mainly used to Teba plant herbs, fruit trees, and vegetables. It is also a common site where the barn is located to house domesticated animals, i.e. pigs, cows and chickens Teep : Artocarpus Elastica Telajakan : Extra space surrounding a Balinese house compound or community buildings, i.e. temple, banjar halls Tenganan : A native village and a tourist destination situated in the district of Karangasem . Tenganan, Trunyan, Kedisan, Sembiran, : Balinese native villages Sukawana Tika : Balinese calendar Tika : Land that is used to support community activities in Tenganan Tilem : Moonless night Tingkih : Alcurites Moluccana Tjokorda Gde Agung : A Member of the Ubud Monarchy that headed the Ubud Desa Adat in the year 2001 Suyasa Tatwam Asi : a concept of respecting others as well as respecting oneself, not to disrupt others or be disrupted by them Tohpati : A desa adat situated in the eastern part of Denpasar Tolu : The fifth wuku in the Wuku year Tri Angga : A concept that classifies things into three categories of utama (highest level), madya (middle level), and nista (lowest level) Tri danda : Three forms of Adat sanctions Tri Hita Kharana : Balinese concept of balance between God, human beings and nature Tri Kahyangan (Tiga) : The three main temples that exist at desa adat level. Tri Kona : Three stage in life, being born, alive and dead Tri Murti : The three manifestations of God Tri : Is a Sanskrit word which means three Triwara : Three-day week: (Pasah, Beteng, Kajeng) Tuban airport : A former name given to the presently named Ngurah Rai Airport in Bali Tumpek Kandang : A special day when Saturday coincides with Kliwon and wuku Wariga. This is the time when Balinese pay respects to all animals : A special day when Saturday coincides with Kliwon and wuku Krulut. This is the time Tumpek Krulut when Balinese make offerings for continued blessings for their musical instruments, masks, and dance costumes worn for various religious ceremonies Tumpek Kuningan : A special day when Saturday coincides with Kliwon and wuku Kuningana. This is the time when Balinese celebrate the victory of good against bad Tumpek Landep : A special day when Saturday coincides with Kliwon and wuku Landep. This is the time when Balinese make offerings for all tools made from steal Tumpek Wariga : A special day when Saturday coincides with Kliwon and wuku Wariga. This is the time when Balinese pay their respect for to all plants Tumpek Wayang : A special day when Saturday coincides with Kliwon and wuku Wayang. This is the

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Glossary time when shadow puppeteers make offerings for their puppet collections Tumpek : Special day when Saturday coincides with Kliwon Ubud : A major tourist destination situated in the district of Gianyar. Ugracena, Warmadewa, Gunaprya Dharmapathni, : Names of various Javanese Kings that ruled Bali after the 9th century Udayana, Anak Wungsu, Jaya Sakti, Jayapangus, Pasunggrigis Ugu : The twenty sixth wuku in the Wuku year Ukir : The third wuku in the Wuku year Undagi : An architect of Balinese traditional buildings Undang-Undang Dasar : Indonesian Constitution 1945 Urunan : Regular contribution made for being a member of a Balinese community association Utama : The highest point/ area/level Uye : The twenty second wuku in the Wuku year Walikota : Leader of a kotamadya Wantilan desa : Community hall Wantilan pura : Temple hall Wariga : The seventh wuku in the Wuku year Warigadian : The eighth wuku in the Wuku year Watugunung : The thirtieth wuku in the Wuku year Wayan : Part of naming system min Bali that identifies one as the first child in a family Wayang kulit : Shadow puppetry, where the puppets are generally made from leather Wayang wong : Human puppetry Wayang : Puppetry show Wayang : The twenty seventh wuku in the Wuku year Weisya caste : The caste with the main duty of running the economy and trade Wuku year : Javanese-Balinese year consisting of 210 days Wisnu : A Hindu deity whose role to sustain and nourish this world Zaman Bai Age (Asli) : The Native Balinese Period ( -700 A.D.) Zaman Bali Hindu : The Historical Hindu Period in Bali (700-900 A.D.) Zaman Jawa Hindu : The Javanese Hindu Period (900-1350 A.D.)

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Glossary ABBREVIATIONS

AAK : Asta Kosala Kosali APBD : Anggaran Pendapatan belanja Daerah APBN : Anggaran Pendapatan Belanja Negara AyDs : Tanah ayahan desa Bappeda/Bapeda : Badan Perencana Pembangunan Daerah Bappenas/Bapenas : Badan Perencana Pembangunan Nasional BIS : Balinese institutional system BKPMD : Badan Koordinasi Penanaman Modal Daerah BNR : Bali Nirwana Resort BPN : Badan Pertanahan Nasional BRAP : Basic Regulations on Agrarian Principles BTDB : Bali Tourist Development Board BTDC : Bali Tourist Development Centre CCN : Corruption, collusion and nepotism DAI : Desa adat institution DPR : Dewan Perwakilan Rakyat DPRD : Dewan Perwakilan Rakyat Daerah EEC : European Economic Community GBHN : Garis-Garis Besar Haluan Negara GDP : Growth Development Product GDP : Growth Domestic Product GRDP : Growth Regional Development Product GWK : Garuda Wisnu Kencana IBRD : International Bank for Reconstruction and Development ICAC : Independent Commission Against Corruption IGGI : Inter-Government Group on Indonesia IGOB : Inlandsche Bemeente Ordonantic Buitengeweten IMB : Ijin Mendirikan Bangunan IMF : International Monetary Fund Inpres : Instruksi Presiden ISS : Indonesian State Systems Kanwil : Kantor Wilayah KKN : Korupsi, kolusi dan nepotisme KPM : Royal Packet Navigation Company MPR : Majelis Permusyawaratan Rakyat NEDP : National Economic Development Plan NEDPB : National Economic Development Plan for Bali NIT : Negara Indonesia Timur Perda : Peraturan Daerah PKD : Tanah pekarangan desa PMS : Primary message system PU : Pekerjaan Umum RDTRK : Rencana Detail Tata Ruang Kota Repelita : Rencana Pembangunan Lima Tahun Repelitada : Rencana Pembangunan Lima Tahun Daerah ROL : Rights over land RTR : Rencana Tata Ruang RTRK : Rencana Teknik Ruang Kota

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Abbreviations RTRWP : Rencana Tata Ruang Wilayah Provinsi RUTRK : Rencana Umum Tata Ruang Kota SARS : Severe Acute Respiratory Syndrome SCETO : Societe Centrale pour l’Equipement Touristoque Outre-Mer UNDP : United Nation Development Plan

251

Abbreviations

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References APPENDICES

FOCUS GROUPS

There were three group discussions held for each case study (Kuta, Ubud, and Tenganan). Each discussion consisted of 5-7 krama desa. In addition to this a major focus group was also carried out in each area, where15-25 krama desa participated. Appendix 1, 2, and 3 demonstrates the recorded versions of the latter community discussions.

Questions:

1. What do you think about land use in your area? Are you happy with the way land use is maintained? 2. What is the role of the desa adat institution in utilizing land? 3. Is there cooperation between the desa adat and dinas institutions? 4. Is there a recent plan to change or maintain existing land use? 5. Is there a need to enhance the role of the desa adat institution in managing land use in Bali? 6. What are your thoughts about the relationship between the desa adat and dinas institutions? What are the issues that they should have joint cooperation on? 7. Do you think that there is a need to intensify the role of the desa adat institution in anticipating future environmental requirements/changes? 8. Is there a need to enhance the ability of the desa adat institution to be able to respond to future environmental changes, especially that regarding land use? 9. What future obstacles, do you foresee might be encountered with regards to land use and the role of local institutions? 10. Is there the existence of Adat or community policies that anticipate economic growth created by tourist development within the area? 11. What do you think, of investors wanting to buy land for investment? Should it be permitted, rejected, or permitted only on a selective basis? 12. What are the criteria for this acceptance, rejection, or selective acceptance? 13. What is the response from the krama adat to the role that investors play as agents of economic development, which to a certain extent inevitably leads to social change?

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Appendix 1 Appendix 1, Kuta focus group, 18.3.2001

A few days ago I have met some community leaders at Pak Wendra’s house (bendesa of adat village of Kuta) in jalan Bakung Sari. We were suppose to have this discussion done at that time, but unfortunately we could not do it since Bapak Bendesa had to attend a religious ceremony in some area in Kuta.

I gratefully thank everybody to come here at this evening. Before we start our discussion, I will begin the session with greetings “Om Swasti Astu”. Has every body got this piece of paper on hand?

Yes we have!

Is this only one page?

Yes you are right. The paper tells us about materials, which we are going to discuss this evening. There are around 14 questions there, and some of those are related each other. Therefore, Discussion will not be lead strictly based on any particular single question. So please do feel free to voice your point of view. The discussion is aimed to dig as much as information related to roles of Balinese local institution, especially desa adat institution in land use changes in Bali. This is part of research stage on data collection. Problems or obstacles related topic would not be solved in this point in time. My position in this case is, intending to find out whether desa adat will have roles in a future land use management in Bali. Technically, the discussion will be lead by a moderator. Please!!

Thanks Ayu!! I will start with question number 1, What comes to your mind, when you have a look at recent Kuta’s land use? Would you consider that Kuta land use does/does not need to be improved in certain extent? The second question is, What is the role of desa adat and its Adat components in relation with managing land use in Kuta?

Sorry, `I will be the first responder. Before I respond the question…., If I am not mistaken… the aim of our meeting this evening is to list problems encountered in relation to land use changes in Kuta. It does not propose solutions to anticipate future obstacles occurred in Kuta, does it?

There are four main stages in my research. The first is literature review, the second is data collection, the third is data analysis and the fourth is conclusion. I am now in the second stage, collecting research data. Therefore to be able to propose method or paradigm to overcome problems, I need to be at least at the end of third stage or the fourth.

Ehm …Yes!! So what are actually happened in Kuta, according to our personal opinion, aren’t they?

Ya!! Thanks

Thank you!. In relation to both first and second questions…first of all we need to realize the existing of land in Kuta!. Land in desa adat of Kuta has significant difference in characteristic, in comparison with that of different adat village in Bali. Most of desa adat have their own palemahan (territory) which is belonged to the village. Kuta however does not have palemahan, which is owned by the adat village. Kuta does not have “ tanah ayahan desa or tanah desa”, therefore the desa adat institution does not have authority to rule, to manage, to make use of it, and to supervise it based on community consensus and their needs. Kuta desa adat on the other hand still owns “pelaba pura land” which brings about an opportunity to the institution having contribution on local land management. In actual fact, There is a chance for pelaba pura land to be used for economic gain, such as being rented within certain period and. Income earned by this activity is normally used to fulfill temple’s needs in relation to religious activities. This existing tells that desa adat institution has only small portion in managing land use in Kuta, since there is small percentage of land owned by the community. The situation will be much different with our neighbor, say adat Legian, and Seminyak. They have huge village land. I cannot explain why….ha..ha!! But I think this is something to do with our historical aspect, in which I am not familiar with!

Thus, first of all roles of desa adat, its institution and krama adat in land use change management is less considered, because there is less land to be managed. Secondly, land use management is not part of desa adat duty or right; this must be part of our national land board of Indonesia task in Bali. Intervention of desa adat institution will not have place within the existing system, rights of ownership will be indicated by the owner and nation law on land ownership. This circumstance has hastened land use changes significantly. Huge cultivated and farmed land has been converted to be new settlement area and facilities backgrounded by strong economic purposes.

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Appendix 1 Kuta in past was history, current Kuta is reality and Kuta in the future is a mystery. Who knows, what would happen? Does abrasion keep continually occurring to the east, or does it go to opposite direction…..will there be a small island?…. . In actual fact, Kuta has been densely used…allocated for urban infrastructure, tourism accommodation, housing area……, . It has been so populous area. Probably, there is only 10-15% unused land left. This existing has brought about a lot of impacts including those of environment cleanliness, water resources, and wastage management system. We all have to anticipate these condition…..Why such condition happens?…we might unintentionally make it happens for personal gains. Then investors come… for economic reason, local people rented or sold their land to be used in accordance with investors’ intention. In the future to be able to live in a convenience circumstances and so forth, we have to know, what (environmental) development based on environmental is! Do we need to build more facilities? Do we need to plan a free space, local park or city park? I mean there must be area, that free of building or facilities as lungs of the city in order to provide dwellers with fresh and more convenience place for their daily activities.

But if desa adat institution is encouraged to have those roles,…there has been no legal system can be referred to. I will strongly recommend the people representative board to devise a new policy on adat village. But I have had no yet a formula suited in which method the adat village appropriately be facilitated and participated in managing three components of Tri Hita Kharana, such as “palemahan (territory)”, “pawongan (krama adat)”, and “Parahyangan (Kahyangan Tiga).” Within the united nation of Indonesia this view will related to existing of dinas village. The formula must be able to embrace both institutions. Therefore the strength of adat will emerge coincidentally with that of Dinas. We do not want to end up with an old frame of thought ….stuck with stagnation and static!! I believe, dynamic changes will bring advancement. Static thought will not benefit all parties involved within the process. This must be examined, and the process will strongly request for contributions of experts. In reality, Both Adat village and dinas village institutions exist, …but its position within the existed system is questioned!

That is all for a preliminary response in this discussion. Other participants will state their point of views afterwards.

In relation to the first and second questions, does some body else have their thought to say?

I agree with point of view, that Pak Mastra stated just now. Substantially according to Indonesian legal system, desa adat institution does not have a full range of legal right in managing land use in palemahan desa adat Kuta itself. Observation on local policy and local customs of Kuta, shows that built up land must have its own customs. We will be able to take real action based on the customs.

Based on the last statement….In what aspect improvement is required? Pak Mastra has explained that we do need precise and clear rights of both adat institution and dinas institution. So far, I have never seen an apparent map at all to show an existing land use in Kuta either belonged to desa adat institution or dinas institution. I will strongly recommend that a clear land use blueprint will be a useful document in the future. It enables policy maker and community to react in a proper action, especially of that in conjunction with building permit. Therefore this will be my first concern, before proposing further responses. I am sure Pak Lurah as dinas institution leader even does not familiar with all landowners in his territory, banjar and desa adat. Who is the owner? Land has been used for what function? We do not comprehend clearly. Thus a land use map is urgently required in the future, if land use control is aimed for as a method to solve recent obstacles and prevent possible future problems. This process has to be participated widely and includes a determined spatial arrangement devised by regional development planning board. Policy aspect will be mostly dealt by dinas institution. My personal view that roles of desa adat institution and its personals in relation to land use is less maximized. On the other hand, we wish to anticipate land problems emerged around our area….… For example, If we do observe recent land in Kuta, there are quite numbers of land has been bought and owned by outsiders. Land ownership has tremendous changes within past three to four decades. Land utilization does no longer consider local customs in accordance with parahyangan, palemahan and pawongan, as outsiders are not the locals who are familiar with locals’ customs. In most cases land utilization is merely catered to gain economic advantages. Apparently, we can see that there are numbers of slump area occurred successively. We do not expect at all such situation keep happening, on the other hand we have no right to prevent land owners using the land in coincidence to their own perspective. Local adat or customs also does not verify a clear implication that desa adat institution has rights to prohibit activities using land not in adherence to local customs.

This must be obstacles we need to revise in the future planning for Kuta. If new desa adat institution policy mentioned by Pak Mastra will be acknowledged as a new system, issues on these adat rights should be a significant concern raised within the stated policy. But we need to underline that we do not we are not willing to be in an outback position isolated from advancement. It must be realized that movement will bring about serious impacts on all living aspects, economical, political, social, and cultural aspect. Therefore we need to regulate development wisely in a positive frame of thought towards the future development. There is an anxiety of an arrogant attitude of some parties, which causes us terminating in an old frame of judgment.

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Appendix 1 M….mmm…that is all from me…And I need to emphasize that Kuta has not had a proper land use planning system.

Thank you! Does some body else want to make an additional comment on it? It seems to me that we have gone through to number five. The responses has covered issues discussed in handed question no 1, 2, 3, 4, 5,

Yes please!!

Thank you! My name is Cipta. My point of view might be additional points or clarifications of previous perspectives voiced by two other friends of mine. First of all in relation to land use in Kuta. Basically in Bali, each desa adat has its own land use system inherited from generation to generation, as it is pointed by Pak Mastra. Generally, the system will be energized by common concept of “Tri Hita Kharana”. If Tri Hita Karana concept adhered to and applied in land use planning system in Kuta, there must be “palakan” in any land used….. parahyangan, palemahan and pawongan.

In conjunction with Tri Hita Karana and built environment, including that of building, there has been “Asta Kosala Kosali values”, in which buildings have to be built within distance among others. The distance varies in accordance with the existing function around and the planned function of the new building. In our tradition actually, we have had a land use system! But since Bali, especially Kuta recognized as tourism area, we are loosing our firmness in applying it so. Why it does happen? In one hand, land prices increase…therefore a span land values a lot…moreover its economic value is unreachable for common people.…These situations were energized by economic and tourism business development. In the early stage, we have never had a thought that such a messy environment created. This is basically brought by our fault defending side of tradition …our inherited way of life. Legal party who has authorization in land use decision-making has lost their strength on local sight, since economic concerns has always won upon local orientations. Ya…we do experience such a messy land use system in Kuta as we are now facing up together.

I believe this occurrence is mostly caused by us being not ready mentally to anticipate a rapid development on tourism industry. It is even worst in the case of Kuta, since Kuta tourist industry was not planned at all. In some area such as Sanur has its tourism development guidelines, which at least benefit the area in certain extent. I am not saying that Kuta does not have tourism planning development! Initially it was not guided at all….and later on there was planning on it…but the application was violated. For instance, considering environmental capability, Kuta is only planned to have three star hotels. If we always act in compliance with legal rules of existing hotel in Kuta, there will no five star hotels around. In fact, numbers of those, with specification higher than three star hotels have had their legal permit to operate…. Numbers of stars in Kuta now…ha..ha!! This is a kind of development without mental groundwork to foresee a possible future environment.

Does it need improvements? I have hesitancy that Kuta land use can not be rebuilt quantitatively. It must be hardly repaired!! But we might be able to do something else qualitatively. We would hardly refer to land use, but we would encounter possibility to regulate models and existing of buildings. This is not merely about quality of constructed building, but it is more about the impacts of the existed building on the environment. How is the waste management system? How they manage their pollutant? How they manage impacts of a new function on the social and economic aspects within community life? Wish that we possibly have opportunity to fix problems related to these issues. In order to re-manage the land use, demolition of existed buildings cost too much…too expensive!! We also have to realize that our strength in compliance with regulations related to local values (especially those of Tri Hita Kharana) has been defeated by large needs of economic development. Therefore, such unorganised land use occurs and will keep occurring, unless we properly anticipate it. There are numbers of family temples has been adjusted to meet requirements of new economic functions constructed. This shows our real local capacity, doesn’t it? In a way I can understand, since living expenses in Kuta is too high, therefore being able to survive in such competitive environment…people try to earn their best economic effort. Then how is the role of desa adat institution in land use management? I impose our national government to bestow more opportunity on the local institution to get involved within a legitimate process in land use. Accordingly the institution will have more intensive power in control. Approaching local autonomy policy, its application may focus more on local sectors, including those of the community-based organization, such desa adat institution. Adat does not possess authority in decision-making process. Subsequently we expect a small portion of power in controlling our future, which enable us to keep our local way of using the land. We can establish our future dream!!

All of us, I am sure …have been experiencing difficulties in getting parking spots. One reason is…economic value of the land in Kuta is soared. Another side effect is high traffic density, traffic jam, and etc. I count on desa adat institution is being tipped by the national government within the new scheme of the regional autonomy. The local institution is not merely counted on legitimating land ownership process, but it must be more comprehensive concerns on managing the land use itself. In the past, we obviously can tell that desa

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Appendix 1 adat institution's recommendation will be importantly requested, when you manage your land ownership certificate. Otherwise there will be no change for desa adat institution to contribute into the system. But land use permit is totally on hand of national government. Control roles of locals has not established yet. Thus, moving towards to the future we propose a great expectation on how we are participated within the system control.

The third is about the corporation between national government in village level and adat institution. As I said, initially our contribution was tipped in recommending land ownership changes. Fortunately, since national political changes, our contribution has been more requested, before decision can be made. Adat recommendation will be a major concern put forwards before building permit is stated. In the future, adat institution will be embraced and its effort will be in a great demand.

Is there a scheme to change current existing of land use? At least, since the land use system has been penetrated more by outside concept, we can retain this existing. I mean, we need to improve particular land use aspects…as I said ..qualitatively!! For instance, ..we need to begin reconstruction of low standard housing area, which virtually does not maintain basic health requirement. We put great expectation on a recent national planning project held by national government in level. The project attempts to embrace as much as locals and national issues including those of desa adat institution and dinas in format of stakeholder forums. Accordingly, the project is aimed to develop a new planning scheme for Kuta up to 2020, which in large extent will be able to guide future Kuta’s development process….managing and controlling mitigate . For the time being there will be no essential permission established by national government. Such agreement has been strongly emanated from the locals.

Moving to the following number… point 5, is there a necessity to give more a change to desa adat institution to be participated in? Absolutely!! That should be an urgent compulsion. What is happening now being emanated by related established policies, which are having less deal with the local community. Hence, local partnership will enable us to master the change on land use in accordance with local and national concern. Ultimately, negative impacts can be mitigated.

Those are my additional perspectives, those could be summary of point of vies discussed just now. I ask an apology, if I said something wrong. Thank you.

Thank you! Would somebody else like to give a comment? Please…thank you!

Thank you! In corporation to point four and five…Concept Tri Hita Kharana in using the land…I will try to have a look at it in relation to issue of global change around us. Personally, I am wondering about changes occurred in recent times. Moreover, we are also affected in large extent by changes happened outside there. For instance, Gus Dur’s supporter disputes last time brought about a major increase on tomato price. Most of enterprises found hard time to deal with the economic fluctuation. In regard to point four and five I would like to appeal to national government or any parties or individual, who are appointed to be in decision making position, to reconsider long terms impacts of the tourism industry. I discover that a merely economic oriented purpose has illustrated this industry since it was started a couple of decades ago. Economic gains have been profoundly placed as the first before the first intention!! Balancing the environment on the other hand has not been an issue to come about. I will even say that …it is neglected!! Furthermore, agricultural sector has bee left out, since the sector cannot compete to achieve competitive economic benefits in return as those highly promised by tourism sector. We are in a dependent environment!! Ultimately, a little violence outside have great opportunity to not stabilize our social and economic life. It will be worst if we focus on more about security matter, especially when our country itself having difficulties in maintaining the security level lately. There is a fear…if there is no visitor coming to Bali, since riot and violence keep going on…..It ruins our positive tourism reputation. Ruining the positive image is easy…it takes as much as time you need to blink your eyes..but building it is another issue!! It is hard…very-very hard! I am sure it is something to do with current unsteady political environment of the country. Economical inequity…!! Referring to historical aspect of Bali, the island in past was steady in politic, economic as well as socially secured. ..the era of Bedahulu kingdom, Udayana kingdom..an on…we were secured!! Because we were independent!! We stand on our own foot…on our own strength!!

Hence, I do expect that national government and parties or individuals and whoever involved in tourism industry in Bali, to re-conceive the tourism industry in Bali. It should more focus on the side impacts of the industry, since global change will wipe all locals’ values. Indeed, globalisation will provide the means to investors (capitals) to invest their money freely… .. What about the locals?? Would they be surviving in this kind of environment? Do they have enough economic capability and ability to manage?

The next point is about empowering adat institution. I anticipate in the future, whoever pointed adat personnel will be…..there is an urgency in levelling up the capability of human resources. It must be done within a profound frame work of a national conviction.

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Appendix 1 That is all my comment at this point in time. If I do to want to give an additional perspective …I will do it later on. Basically those are all my expectation. Thank you!

Thank you Pak Bagiana! Would some body give more comment? Please!

Thank you! Alls have been filled up….question 1, 2, 3, 4,5 have been answered. Good! I would not like to give a clarification on comments have been proposed….but it will be more about additional information, which might illustrate Kuta in the past…..Historical aspect of Kuta…I believe that there are not all of us, who have been knowledgeable enough about this. Since I come from older generation….I can tell you some part of it. In 1958, Kuta was so peaceful, having its natural beauty. Moreover, Sun shine and Kuta beach with its white sand had brought about pleasant additional value. There were not numbers of outsiders aware about those existing. Visitors had started to come…..but if we work out the numbers…it would be much less than recent crowd of Kuta. We found one, two..or three tourists walked along the beach…

What were they doing in the beach??…Did they take off their cloths??

Ya…ya you are right…they walked along the beach, had a bath…swimming….sometime without anything on!! Airport had not been built yet!! And beach was a pleasant place for us…..we had enough space to carry out our religious ceremony, which in some cases must be held in the beach. Several times in a year we will have to go to seashore in order to have the ceremony done. Then the Ngurah Rai airport was constructed…landing strip and launching pad of present airport has encouraged gradual abrasion level on the Kuta beach. Since then , Kuta and its beauty has been continually declining. This is a piece of our past story. In 1959, the beauty of the beach along Legian and Jimbaran beach was so amazing. Kuta’s and Jimbaran’s fishermen freely lined up along the seashore to celebrate natural blesses favoured to them. The ceremony was also catered as celebration to conserving the beach. They were gratefully playing cenceng kau (part of Balinese traditional music made of coconut shell). We were so happy by that time!! Bali’s international airport was built in 1963. It has provided services to ease access of people who want to visit the island using air flight. More tourists came over and numbers of them visited Kuta progressively augmented. Tourism sector became an alternative source of living instead of fishing and land cultivation (farming). It might be a positive impacts for a short while….unfortunately I then have regretted our lost of subak institution, which manages traditional irrigation system in Kuta ..or even irrigation system of agricultural land all over Bali. That was my brief description about Kuta in the past. Thank you!

Thank you very much Pak Wersa, we are pleased to know historical facet of Kuta. As younger generation we do need to look at the past. I can imagine how peaceful kuta was before the current existing. Coconut tree and fresh sea breeze would be a rare circumstance we can enjoy within recent period. Does anybody else would like to give an additional explanation? Ya…I will move to the next issue. How would you perceive work relationship between adat institution and dinas institution in endorsing land use in Kuta? Would you consider that there will be a necessity to enhance roles of desa adat institution? Accordingly, would it be a need to broaden the knowledge, skills or ability of desa adat institution, in order to anticipate Kuta’s future development? Or do you assume that desa adat institution has had enough capability in managing land use change in Kuta?

I will say, that these three points have been responded within our discussion just now…..however I would please anybody who want to contribute further point of view. Since each of us has gone through a lot of things…I am sure we will have more to say.

Yes please..!

Thank you! I might respond the question one by one. I will read one question and answer it once to go. To make it clear!!

Yes please!

First of all, in order to endorse land use system in Kuta, how corporation between desa adat and dinas institution should be? I will assume that there must be an harmony between these both institution, I mean they have to be able to work together under a same mission, Moving towards same goals. Frankly, this is our expectation. According to Indonesia national system, legal roles are further authorized to dinas institution. The dinas is the lengthened hand of national government in local level. Dinas must have more legal rights to interfere the system instead of the Adat does. The Adat will be more knowledgeable in local issue, such as religious aspect, community life, etc. In land use…so far as Pak Cipta and Pak Mastra referred to that adat the involvement of adat institution has not been maximized. The system relies most on the dinas. Hence, local community, such as Bali has its own characteristic has been represented by a local institution. Ultimately, if both local and national aims are going to be considered within a national development system…there must be a plot for the local community concern. Corporation between Adat and dinas must be urgently bridged on.

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Appendix 1 Would desa adat institution be capable to contribute within prospective progress of Kuta itself. Or has the institution shown its capability? I will say that desa adat institution has not been capable enough to handle development issues. Therefore, we are hoping that there will be a precise development guidelines resulted by the Strategic Structural Plan for Kuta Project held by the national government in regency level. Accordingly, the guidelines will enable us to behave within the development process. Hence, we might have more of a chance to adjust current development obstacles and to compose a better future land use in Kuta In-fact, Pak Cipta has clarified this intention. If I am not mistaken, This project is conducted to plan Kuta up to 2020. Yes…It is a long term based planning process. In conjunction with work coordination between desa adat institution and dinas..both of these institutions in Kuta have shown that they build a well work partnership. In some areas, it might be hard to perform this kind of alliance. For instance, I have an experience in Ungasan village. Development of Ungasan has been planned and this territory has had its own spatial arrangement plan. The plan has been done by Pak Gelebet, an educative staff from Udayana University. Ayu must been familiar with him?! In reality unfortunately, there is no coordination between Adat and dinas institution on the application of infrastructure plan. Road infrastructure as been built not in accordance with the planning…land has been sold illegally, there have been numbers of conflict related to land market in Ungasan. These prove that there is no proper coordination between the desa adat and dinas institution!! It might be enough comment from me this time. Thank you.

Thank you! What about others? Please!

Thank you. To me …based on my own perspective… stratagem for the involvement of adat institution in land use management is absolutely necessary if the institution is expected being able to be national government partner within the development, especially in managing land use. Let see our national legislated regulations on land….in certain part of the regulations should be consisted of guidelines in which method adat’s rights on land will be sustained. Shouldn’t it?… Sincerely, this part is missing……therefore in whichever procedure we show our effort to achieve a recognition will be defeated and bring about no progress. If we have a look at the law structure in Indonesia…adat/local customs is placed at the bottom, which it means would be considered at the last. Therefore local customs does not have bargaining power within decision making process, especially that happens in Kuta. Adat/customs never ever win…certainly, it will be the looser!! If locals value and its institution has been ruled, ultimately that legislated regulation will be necessary principals, which govern us in the local level. It will be even necessarily requested, since national government has plan to enforce laws on local autonomy in the near future. This point must be seriously defended by locals representatives within National legislation institutions. Another crucial aspect to me is that both desa adat and dinas institutions are an united institution as national development partner in local level. Of course they are not the same! There are differences between them…..each has different link related to duties and rights. They need a proper coordination and partnership with clear guidance on duties and rights. The existing of each institution should have been maintained, since dinas is there for national integration purposes and desa adat institution on the other hand has been there before the integration period to manage all aspects related to local Balinese values system. In Kuta, our customs has regulated policy covering both native and non-native residents. Our local community therefore, consists of these two groups of people. Any new policy will be referred to consensus made by the community, written or unwritten policies. There is no single customs can dismiss this process, unless the policy will not get recognition from the community itself. It is obvious that local customs is developed from ground level…….grassroots policy! And it is obvious from my understanding…if national government decentralize its power down to the local level. Hence, development is an effort of both local and national. Furthermore, I believe that development and decisions made, especially those on land use has to be able to deliver ground’s inspiration as well as national concern. Those are basic backgrounds!! Those are our real intentions. What we need to find out now is a paradigm in which method these intentions will be applied on. We need to make a clarification on the formula….pattern and paradigm!! This part of our national government duties. People representative board has to pay more attention on this issue coincidentally. There is an important note from me…in the future, desa adat institution has to have a proper and clear rights. Accordingly, both dinas and desa adat institutions cannot be united. I strongly will not recommend this solution, in order to simplify our institutional system in local level. There are a lot of confusion will emerge if we decide to do so, since each existing of Adat and dinas institution inherently has different philosophy. Adat institution is based on social based organization, ruled by Adat/local customs (local moral). Dinas institution on the other hand is part of national government system in local level. Their concerns are more about national issues for integration. What will happen if desa adat institution is employed by the national government?? Confusing!! Later on..we will end up being institution who has to be government’s followers. We have to do whatever government instructions are, since we are paid to do so!! We will loose our identity..lose our culture..lose our creativity and sensitivity on ourself. Loosing all those values brings about a meaning of loosing our customs, which have been inherited by generations to generations. I am worried if current system enables this to take place. Therefore, I strongly against the intention of merging these two institution. If it does happen so…I can tell that people representative does not work!!

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Appendix 1 That is all my point of view. Thank you.

Thank you very much! Would some body like to make an additional comment?

Yes thank you! My comment will be answering point six and seven. In conjunction with point six, I do agree that both Adat and dinas have to possess their own roles. It does not necessarily mean that they have to work on their own. Adat has to knowledgeable on dinas roles and dinas on the other hand has to know aspects ruled by the desa adat institution. Since deregulated local government system to giving more legal authority on the local level will take place, both of these institution need to succeed local development together. The success will really depend on how they can corporate within a new local governmental system. In conjunction with point seven, I do need to emphasize that the participation of desa adat institution is in a great need to be enhanced in the future, as it has been discussed! Correspondingly, desa adat institution will require human resources who is capable of carrying out related development tasks in order to consolidate the expected achievement. It is including human resource in dinas and national level. Ultimately we will move towards to same perceptions and same goals. We do not expect that government will leave the desa adat institution on its own to accomplish an important local problem to secure individual position within national system. Desa adat institution is not there to carry out national government intention for integration…but it is there to look after local way of living, local values, which have been less considered within development. As we have been aware that in Balinese way of life culture and beliefs are powerful soul of our daily activities. I really cannot tell, if both of these aspects have gone!! Both culture and beliefs are consolidated by customs (Adat). Hence, desa adat institution is aimed to strengthen Balinese customs!! Furthermore, I will say that balancing roles of desa adat and dinas institution will be best solution, as a token for adat institution’s participation to be carefully thought about. Thank you!!

Ya..thank you. It might be somebody, who wants to add some more information on these points.

Thank you. I would like to make comments on point one to seven, even point one to five have been discussed just now…upf sorry point six and seven also have been done. In relation to land use in Kuta…I am sure without large interference of troops with green uniforms, such a messy land use would not have taken place..ha…ha…ha… Actually this is part of our past. Greeny-zation has a great un-expected contribution!! This is one among other damaging factors. If we work it out together, we will not have experienced a crowded land use, as has been mentioned by Pak Cipta. Recent national government in local level has begun to welcome the local Balinese institution, together work out the problems. Without green troops interference. Which is to me…it seems as a good moving! Then I continue to point six and seven. Roles of adat institution can be activated within local development, as long as it does not take over dinas main position or dinas roles. I have to underline that in this case roles of adat institution are in controlling process. Those would not more than that!! In relation to land use in Kuta, adat institution has to possess a control function and it must not interfere dinas tasks and dinas duties in related matter.

Now..what are abstacles or possible obstacles in the fututre in relation to land use and roles of adat institution in Kuta?. How is adat policy to anticipate economic development, which is mostly affected by tourism industry experienced by Kuta itself? We have talked and discussed about these points, but additional perspectives will be welcomed and mostly appreciated. We cannot separate and focus on any single question as each might relate to each other coincidentally.

Please don’t be hesitating. It must be time for refreshment. Please help your self!!

Oh…thank you! I have got gift twice!!

Ha…ha…ha!!

Yes I will continue the discussion! I agree that desa adat institution as local representative and dinas institution as national government representative in local level have to consolidate each other. Each of these institutions has different link and interest. They both however, are moving towards one common goal to sustain local development. Both of them will be having their own contribution in Kuta land use arrangement. Approaching an implementation of regional autonomy for Bali, there is a tendency to force adat institution participation within most development sectors, including those in land use arrangement. We are in Kuta unfortunately not quite happy with this tendency. We believe that inherently administration competence must be retained by dinas institution. And this time, controlling position will be adequately managed by desa adat institution. Why?….. That is caused by crucial factors that successfully enhance land value in Bali is Balinese culture and customs, which have been major concerns of desa adat institution. In whichever policy is made, Adat will end up on adat institution. Either positive or negative impacts brought by the new policy must be experienced by the local institution, Therefore local customarily institution must be there consequently!! First of all, control position will be adequately on desa adat institution hand. When the right time approaching…we can be participated within decision making process. And of course we do not expect there

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Appendix 1 will be overlapping roles of Adat and dinas! Administrative responsibility will remain in dinas supervision. Checking and balancing roles must be maintained!! Point seven..In order to anticipate future Kuta’s development, should we maintain roles of adat institution in land use arrangement? There is an urgent need for that!! Why?…Because ..as I said before. In actual fact the only local institution will deal with and face either positive and negative impacts of development policy within local scale. Point eight, should we have efforts to consolidate local institution capability on a firm basis in order to anticipate future changes? Yes, we urgently are required to do it so! We might be better to organize our efforts based on two major approaches. First of all, it would be approach on software basis..on future planning for desa adat institution..what are the institution’s goals, in which method we are going to achieve those goals. The second approach must be on hardware basis…human resources. I mean we have to prepare our mental and moral attitude with a wide perspective on impacts, which might be developed by changes on land use. Therefore we are having enough time to prepare ourself to anticipate possible future problems. Of course we do not expect being failed for the second time. Current situation tell us that land has been bought and sold and has been used in accordance with new owners’ major intentions on achieving more economic benefits, rather than maintaining both local and economic concerns. Thus, I conclude that in the future local institution capability needs to be consolidated by implementing two main approaches; approach on planning basis and human resource approach. Within participation of local institution in land use arrangement in Kuta, would there be possible obstacles that local institution has to be aware of? I think some of us have raised this issue just now. It seems to me that there is nothing that we can do to fix the existing land use of Kuta. However, we are having opportunity to fix the unmanaged land use in qualitative method. I am afraid…if we do not do work it out. There will be more problems developed in relation to the land use. We have to admit that mentally, we ourself have not been ready yet to respond changes developed by a rapid tourism development in Kuta. An unhealthy economic competition has exploited our environment, without we realizing it. The minute we aware about it…it has been too late!! It will be better late that never done anything!! Kuta is situated in southern part of Bali, which from sea level is generally in a lower position than other territories of Bali. In the future, I consider Kuta is going to be a dumping area, since all waste and unused components will flow to a lower level and will be allocated the most in Kuta. We will be short of water and rich of unused material. It will be major environmental problems of Kuta. This might be worsened by unfriendly business behavior, which exploits natural resources for sakes of economic gains. Besides other future demands, tax on land in Kuta has been one factor, which encourages locals selling their land. Keeping the land does not provide them promising economic benefits, as the local do not have enough knowledge on either in using the land or managing the land to achieve more economic advantages from it. Locals Kuta do not know how to invest!! We are lack of knowledge!! Thus, this has been a fortunate opportunity for investors to buy land in Kuta. Some of us have started to be aware about this situation and they prefer their land to be rented instead of bought. It is too late!! High tax on land…less economic capability on using the land…high demand on land….enforces locals to sell their land as soon as possible. These problems will exist if there is no action to overcome them. I have placed my point of views for point six, seven, eight and nine….I might continue to point ten shortly. I assume that in the local level we need to have adat policy to foresee economic development. Factors related to economic matter is important, however we do hope that roles of adat institution would not depend on and controlled by economic needs of certain group of people, who have a strong economic power. We are having opportunity to play a role within economic development as well as we are having chance to control to an extent which the development will not ruin our culture. Adat and national government need to be more sensitive on these problems. We need a united and integrated control system in order to take action on solving these problems. Thanks! Those are my point of views! I might have further comment later on!

Thank you Pak Cipta. I expect that more participants will express their opinion! Please!

Yes..thank you! Most of my friends here have expressed their point of view. And now I would like to add more comments on. Why is Kuta’s land use likely being totally disorganized? Actually Kuta land use has been developed without any planning or any development guidance. National government has been late to respond changes in comparison with a rapid development in Kuta. This village was on its own for certain periods. And now Kuta experiences chaos, especially chaos on land use. This is part of national failure and our local failure as well!! If the new investor is a local people (Balinese), who has a same beliefs in Hinduism….Investor will still maintain Balinese value in using the land in accordance with Tri Hita Kharana concept. He/she considers land used for parahyangan, palemahan and pawongan have particular guidance and do his/her best to succeed these inherited regulations. For example parahyangan (temple) will be situated in the northeast direction. In most cases now, as land has higher and higher economic value, temple has been constructed on the second level of the house. But it is still in the same direction. As Pak Cipta mentioned…we are in Kuta maintaining the existing of both family and community temples. Changes on circumstances and environment have brought about changes on our flexibility. We have been trying being more flexible in most aspects in order to be surviving. We cannot be in inelastic thought .. rigid or inflexible…we have to adjust our perception and concept, as we are living in a moving environment! Static minded will not be an adequate action for tourism development in Kuta.

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Appendix 1 In my perspective, we will find it hard to improve Kuta’s disorganized land use development. However, we are locals Kuta have started from inside.. from each household to improve our individual territory at first. Initially we were pursued by the dollar. We were most welcoming them or we even invited them in. It occasionally happens that, southern building or northern building within internal housing arrangement has been converted into accommodation for tourists. Aims have been overwhelmed by economic expectations. However now we start to rearrange our territory, started by every single household. We find it hard to impose locals regulation on investors, who are not having Balinese background and are not at the same beliefs. Adat institution as organization, which manages our customs, belief and ways of life has no bargaining power in regulating investors, even they dumps our nature. In some particular cases, investors have to consider locals to be locally friendly. They cannot close their eyes, when their land is situated around a temple or around community’s common facilities. I do not know ..whether they want to do it or.. because of social security reason. It is really hard to tell! New political arrangement on regional autonomy brings about more opportunities will be authorized to the local institution… in actual fact however, local institution has not prepared well to carry out new tasks. There is no clarification on the institution duties and rights…there is no supporting policy on that. Ultimately, there is nothing mush we can do about. We have not been familiar with the traffic light….with the traffic signs…how we can drive on the road!! For sure we will make accident, if we do so! National government tries to attract krama adat intention by giving financial incentive to local prahiru adat. This action is confusing. As local representatives, adat officers will behave referring to local system, which consider desa adat institution as a social organization based on morality. It is not focussing on money matter. National government only gives financial incentive to profound local leaders. It does not apply to all locals leaders. I am wondering that government itself has treated us unequally. It creates social polarization. Ultimately, we will not have capacity to prevent social jealousy and social gap. I strongly do not agree to this policy. Why does government act in this manner. Desa adat institution is not operated by particular person effort…this is our institution and worked out by our effort. Bad and good….advantages and disadvantages will be shared among the community members and institution’s leaders/officers. Government needs to look this policy back. It does not mean that we do not accept financial reward..but money is an inadequate reward for us. If the system keeps it through in the future, we will loose our social sense and loosing our community self- work (our mutual corporation). As a researcher, Ayu..would you please raise this issue? Thanks! If government does want to help locals financially, why does not government fund our whole society? Adat institution is community-based institution. It would be gratefully appreciated..if government help the whole community instead of rewarding particular locals figure. Ha…ha ..I do not want that government utilizes local leaders as mediators between government and local community. Harmonizing local and dinas does not bring about imposing national intention on the local level by approaching adat institution through adat leaders!!. Government starts interfering our Adat…ha…ha..ha. We will end up with a worst environment! As kutas’ adat leader, I strongly refused to accept the idea of giving financial reward to local leaders. But my refusal does not contribute much different on the decision made, since 80% of others locals leaders in accepted it and only 7% were with me. I lost my vote…ha…ha…I realize that was a risky decision....but most of us did not realize it.

In Badung regency, the policy has been applied. Most of kelian adat (banjar adat leader) has been given financial incentive. Last time Kuta’s banjar adat’s leaders were confused to accept it. They return it to dinas leaders. They were afraid if there is something behind it. I also find it hard in my case as prajuru adat. ..ha…ha...It must be so difficult for us.

Hose are all from me from as Kuta’s pajuru adat or as my personal opinion. Later Kuta’s dinas leader must be able to deliver words for us. Thank you.

I thank Pak Made Wendra as Kuta’s bendesa adat. We will continue our discussion, before we move to Pak Lurah (dinas leader). How is the response of local community when there are investors coming to Kuta to buy community land or individual land as an investment method. Will it be accepted, selected or postponed? What are criterias of investors being accepted, selected or postponed? This must be about clarification of investors. The third is, how does desa adat institution acknowledge roles of investors as one of economic agent, and on the other hand bring about social impacts on Kuta community life? I think people in Kuta will be able to say more about this issue, since Kuta is one of the most favourite destination for investors. I will leave the comments with you here. Please, thank you!

Oh well..It should be the last one. What is the response of the community if there is investor expect to buy a piece of either individual’s or community’s land, as a method to invest their money? Would it be accepted? Selected? Postponed or refused? To me the best solution is being selected. The reason is…Investment activity should obviously bring impacts on others living aspects including work opportunities, income level, and the whole economic level. One thing is …it must be done in accordance with adat and dinas regulation and government guidance on investment. What are the criteria to select..to accept or to refuse them? If they are selected, of course we want them to carry out their business referring to investment policy in Adat and dinas level. For example: investors who plan to build a new hotel or tourist accommodation, which is situated next to a temple, they have to be aware of local hints on how it should be built without interfering existing of the temple and interrupting regular religious

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Appendix 1 activities held within the temple. More attention on local guidance has to be imposed on every single intention of these investors. Objection on either local values or national regulation will cause refusal on the investment scheme proposed. Acceptance and efforts to obey regulation and its application on the other hand will bring about permission and admission. I am not denying that any decision…any plan will bring about both good and bad impacts…but at least we have to do our best to minimize negative impacts and maximize the positive ones, which benefit the whole community as a cultural and social unity. We will support them..when they are doing right things by us! But right for us is not always assumed good for national government and reverse. Decision can be contributing positively to national system..unfortunately it cannot be to the local system. Then how does local institution respond to roles of investors as an economic development agent and as a carrier of social problems to the local community, especially in Kuta? As long as they show serious effort to comprehend and obey either local guidance or national policy related to investment, we would accept them with an open arm, for sure! We have been doing it since long time ago…till we experience the disorganized environment. I might give the next chance to others to have their words to say. Thank you very much!

Yes please!

Thank you! First of all, development is aimed to improve every living aspect of the area covered by development plan. Being able to run the development program, investment will take a crucial role. Therefore, neither Adat nor dinas nor tourism destination area will be able to survive without financial support. Kuta consequently will be always welcoming investors to achieve development goals. If we have a look at our system, there are two ways in how investors have started their business in Kuta. Firstly, is using investment plan and guidelines regulated by regional investment coordinator board (BKPMD). The plan will inform what, where, how and when investors can start to invest. Secondly is by approaching national government in local level (pemerintah daerah) of the area investors plan to invest their capital. Some friends of mine have pointed out that we need a process of choosing the right investor… selection procedures!! In my opinion selection process will be strongly related to investment conditions in Bali, especially in Kuta What are terms of agreement between investors and both local and national government, before we decided to go on. Clarification on regulation has to be enforced….. every party has duties and rights, which cannot be manipulated! I am afraid if rights belonged to the Adat will be always manipulated as it happened in the past. If Adat did not recommend certain investor to run their business in Kuta…..there would be a group of people with heavy boat came and step on our rights!! We could not say a word……we were forced to say “yes” to any decision taken. Now the situation has gone into reverse. Adat institution is always considered and coordinated before a decision is made ha..ha..ha..ha. The government is not brave enough to carry out a task on its own…it seems that national government tends to keep its hand clean, since the institution does not want to take risks and consequences. Ha…ha…ha. Therefore I do not see that there are clarification of duties and rights. We need to pay more attention on this.. if adat institution will be involved within the selection process. Suddenly…adat institution has to deal with workers strike…..prostitution …….. unemployment… population…ha…ha.. adat institution is overloaded ha…ha..ha! For crucial issue…national government wants to keep its hand clean….does not want to deal with it!! In past however, police and army had been always next to government …do whatever they were ordered to…and others had to be a good watcher with an open mouth…ha…ha…ha!! That was in past. We were blessed that such situation is no longer existed. National government seems to me that now they want to be in a save environment by not dealing with a risky development aspect. They use adat institution as a shield for combat. Ultimately, I will say that clear regulation must be there promptly … we need software to run a computer. The computer must be composed by all parties participated within the investment scheme in Kuta. How we can work without any guidelines! That must be impossible. How we can guide outsiders…before we have any guidelines for ourself. In past regulation was made to be changed in accordance to personal needs of the decision-maker or related parties. Environmental impact assessment is accomplished to validate the project, even environmentally and socially the project will not contribute positive impacts. There was no environmental impact assessment done to postpone or cancel an investment plan!! Ha..ah. We can have a look at Tanah Lot Resort project..most of Balinese community against this plan. The project in-fact has successfully persuaded key point parties in government level in order to secure permission on construction and operation. I will say that environmental impact assessment was made to merely answer- people doubt on how they gained those permissions. This environmental impact assessment document was completed after investors obtained their permit. This is ridiculous, isn’t it? Ultimately the process shows that the decision-maker is an “untouchable God Father”, whatever God Father says is an absolute truth. There is no single party will have bargaining power. We all possess a clear comprehension that there is no tourism facility will be allowed to be built around Dang Kahyangan temple in Bali. How do they decide to continue the project…? Do they want to design their own rules since they have a lot of money compared to poor and uneducated local people? Do they want to revise our local customs? They want to strengthen their position telling us that they are actually doing right things! …How many hectares fertile land has been converted by the resort…? It is hard for us to have our voice being heard… because the system has given opportunity to investors to go through such the process. There is no result without cause!! Don’t you think so?

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Appendix 1 If there is a serious intention to provide more space to local community within the development, a clear regulation must be established coincidentally. Regulation should have been prepared based on ground expectation. It is suppose being aimed to ease national government tasks. We dedicate to a same system and enjoy the fruit of our dedication together. Development is our responsibility, is not only laid on either local or national government. Having clear investment policy will ultimately inspire us as members of national community, to what extent we can accept, select, cancel or postpone an investment plan. What is our tasks…..and what is our rights!!! Those are going to be duties of national government in local level. Hope those are able to overcome investment problems in the future. I can expect much from desa adat institution, since we are as desa adat members not having legal rights in policy making process. Please underline my points in conjunction with investment policy in Kuta.

Thank you! Yes please ….!

Referring to point eleven, ….Would we accept, select or postpone investors who want to invest their capital in Kuta? I find difficult to comment this point because Kuta has been experiencing that there is no terms of selection or postponing. There is only one word …”accepted” without selection at all!! Selection is only applied orally. In actual fact, it shows different in practice. In my perspective, investment in Kuta in most cases are focussed on night entertainment. I am not telling you a story…but I myself used to walk around during at night. We can feel the impacts of activities held by these entertainments, can’t we? Recently, investor’s tendency shows that night entertainment and gambling are economically more convincing businesses sectors in Kuta. They started with singing drinking and dancing in a bar or karaoke…then visitors will be led to different place, where they can gamble there. Sometime visitors are forced to or they come there because they want to. We believe these activities have ruined positive images of Kuta as tourist destination. On the other hand this brings about negative impacts on Kuta community itself. There are also investors who want to gain more economic benefits…they tried to manipulate local way of dressing. This is a humiliation. Which should be stopped. The faster the better! If we do not take a proper reaction after deciding to accept investors and we are not ready to face social impacts of it…we will be in trouble. Yes, those are my comments. Thank you.

Thank you! Please!

Yes, I want to participate more in this discussion, since I have got gift twice from Gianyar.

Oh please, that is nothing compared to your contribution within the discussion.

Thank you that, I have chance to participate in every point of this discussion. I believe that Kuta community welcomes investors. But this attitude should be coincided by a selective attitude. The problem is not merely buying land or selling land! It is more about using it. How the new owner uses the land, will be really matter. Who should be having selective attitude? The answer will be laid to desa adat and dinas institutions. Both institutions have to be able to work it out together. We go back to harmonized corporation between local and national government. National government does not necessarily need to authorize new legal permission for new night entertainment, hotel or other facilities, since numbers of these facilities have exceeded in Kuta. I agree with Bapak LKMD’s point of view to stop the emergence of new night entertainment in Kuta. We might be better leaving the land or rented land unused. Instead of being used for purposes that can bring negative impacts. It can be our community’s natural park anyway.

According to our awig-awig adat/customs, whoever owns land in Kuta’s adat territory, he/she has to join members of desa adat institution. In kuta however, there are numbers of investors who have had big houses, hotels, restaurants, have never been involved in local desa adat institution activities. The merely work with national government within local or higher level. Therefore, we cannot work together with them to overcome problems occurred in Kuta. They will not feel being responsible and will not have responsibility to the local community. Locals keep going on their path and investors follow their own track. There is no coincided consensus. A good news after the reformation era is investors have started to steal a glance at the existing of adat institution. Adat has been recognized. Though Adat is remaining selective. Even more and more cases are being consulted with adat institution before final consensus is made, adat institution is remaining independent. The institution is not under control of national government. We are being selective to investors!!. Evidences and experiences have taught us that in our awig-awig/customs have been explained that building a new function, which is near to a temple must be at least at a distance of “apenimpugan” (at a distance of a hand throw). But in actual fact the application has been modified to adjust needs of particular groups. They do not have clear comprehension on the logic thought behind this customs. Therefore, they consider local guidelines after their economic concerns. In order to adjust the distance between temple and their building, they have used hand throw of a child instead of an adult. Indeed, the distance can be cut down. Our activities have been interrupted by this practice. As I said, our Dalem temple has been converted into matahari temple. This shopping centre is built within a distance, which is too close to the Dalem temple. We cannot have enough space to conduct the ceremony. And the worst is…we cannot concentrate in our activities. Another temple close to Paradiso hotel has been

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Appendix 1 converted into Paradiso temple, our access to perform our religious activities has been restricted for the aim of hotel security concern. These cases show that as locals we are powerless. We are the host in Kuta, unfortunately we are guests at the same time, since we cannot say “no” to outsiders who has succeeded to obtain investment permit. They hold a legal black and white document…and we don’t! I have to say that even role in controlling is not part of desa adat institution duties. Ultimately we are the one who suffers. Numbers of temples have been squeezed among multi-storey buildings. This existing has brought about impacts on the community religious way of life. Even in actual life, we keep doing those activities, as though there are no constraints from outside. I will suggest that we need to broaden our deep understanding on local way of life, therefore we have a strong base in which method our local values will be conserved. This is a kind of self-protection against outside impacts. That is all I can talk about this evening. I believe that recent unorganised land use existing in Kuta is also resulted by our negative moral behaviour. Positive moral attitude will help us to fix and overcome problems. Thank you!

I assume that all questions listed on the paper have been responded. I conclude that input, feedback and recommendations are moving towards a same direction that there is an urgent need to coordinate desa adat institution and dinas/national institution in local level to overcome development obstacles, especially those in using the land in Kuta. This is not merely about physical planning aspect and its challenges, but more or less is intertwined with economical, social and cultural issues. Indeed, I expect to get feedback and recommendations from Bapak Lurah Kuta (desa dinas leader of Kuta). Please! Thank you!

Thank you! We have a very interesting discussion this evening, don’t we? Most of krama adat have stated their point of views, and I find it interesting. In general, their perspectives have represented the actual condition of Kuta. In dinas, I actually have known less about the real existing of Kuta than they have. I am just appointed for this position a few weeks ago. It is just started twenty days ago.

It is a brand new position Pak!! Ha…ha…ha!

He has not received his new costume either. Ha..ha

Things that I have seen in Kuta are those have been stated by my friends here this evening. In past we have a top down governmental system. Every single decision will be decided by upper government level and passed through to the lower level. There were numbers of crocodile, they were not wild crocodile…they were crocodiles with stripe coats. We have started to approach from the opposite direction…from ground to the top. We do hope that within a new system we will be coordinated better. Enhancing the participation of local institution in every single development aspect must be crucially coordinated from top government level. And corporation between desa adat institution and dinas in local level, have to be under regulation of national government. Ultimately, this policy will be well informed through every level of the national governmental system. We do expect that decision made for local level will be supported by the application of local customs and local way of life. How desa adat institution establishes their existing and how they voice their words will be another substantial issue for desa adat institution to work it out. In relation to land use in Kuta, I point out that desa adat institution and dinas have to be involved, as there is an intention to make changes on the land. For example, change the land ownership, change on the use of land, or any kind of changes aimed to accomplish. The process cannot merely relies on capacity of a solicitor. Those are all my comments this evening. I do hope those will be a useful contributions to the researcher. Indeed I expect that we will be benefited by the result of this study in the future. Therefore, please send me a copy of your research thesis afterwards. Thank you and good luck!

Can I say something in addition to Pak Lurah’s point of view?

Sure, please! Thank you!

Recently, we can say that national government in local level try to involve desa adat institution as much as possible. The government uses us as a gun in achieving development progress. It seems that they intend to use us instead of enhancing our participation. Government starts involving desa adat institution in every single aspect of development, in order to obtain local interests. This effort is obviously intensified as time for a local autonomy governmental system is approaching. Financially, national government contributes 30% of budget required by local development plan. But this allocation has been reduced to only 15% by the local people representative board. I realize that adat institution has to show its capacity to respond every government plan, which involves locals participation. Local institution is favoured nowadays. Furthermore, this local institution is excessively flattered. If we do not carefully respond to it, there will be more chance for us to loose our positive reputation. We will find it hard to build the image back, if we fail in keeping it so.

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Appendix 1 Those are my worries. There is an implied intention behind government scheme to give financial incentive to local leaders. They may later on expect us to obey every single regulation ruled in local level. Since we lean on them financially, we will loose our voice. We still have a hope that government will not have such intention. And we also do not expect that there is a political reason behind it. For instance, Balinese desa adat institution is proposed as a profound institution in the local level then later on we are disappeared at all. If so…they treat us as we are a kite…we are pulled by a string and then the string is released…we are lost somewhere! Ha..ha..! It means we have to be firm and independent. To the researcher, would you please raise this concern? Thank you. Sometime ago there was a plan to organize a new institution called “desa pekraman”. We are in Kuta do not agree with this idea, since desa adat institution will be a division under desa pekraman. We cannot see reasons for the emergence of desa pekraman as another community-based institution in Bali. Therefore, during the last meeting we had with national government in the provincial level, Kuta’s adat institution clearly against the concept of desa pekraman. Furthermore, I expect that this issue will be able to be involved within the research topic, which Ayu conducts. Obviously, we need input and relevant concepts from academic point of view. Thank you.

We have discussed all questions listed. I gratefully thank Bapak Bendesa Kuta, Bapak Lurah, Bapak Ketua LKMD, village leaders of Kuta and Kuta villagers for your participation. I apologize to any inconveniences. Once again thank you!.

We have gone through the discussion this evening. I thank you all for your kind assistance and effort. Your participation is greatly appreciated. The issues and information raised within this discussion will be major data that I am going to analyse within the next stage of the research. I myself hope that indeed this research will be able to clarify capacity of desa adat institution in land use management in Bali. There are apparently two possibilities emerged, will be appropriately participated; will not be appropriately participated in managing the land use change. When I finish this research, I will send a copy of my thesis to Kuta community. At the end, please accept my apology for mistakes and any inconveniences. Thank you. Before we finish the discussion, please let me great you all with “Om Canti Canti Canti Om”

Thank you!

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Appendix 1 Appendix 2, Ubud focus group, 20.03.01

I thank everyone for coming here at Ubud village hall this afternoon, on March the 20th. I also thank you to make this discussion possible to be done today, coincided with the village meeting on celebration of Nyepi day in few days time. I might have begged and forced Pak Lurah (dinas village leader) to hold it at the same slot with this meeting, since I realize that villagers will be quit busy approaching and after this year celebration of Nyepi. On the other hand, I have a limited time in conducting my field survey in three different areas in Bali, including those in Ubud. Please accept my apology.

Our discussion topic is “Roles of adat institution in land use change management in Ubud village” Before I start the discussion, please let me begin our meeting with a greeting “Om Swasti Astu”

My main concern here is, we are in Bali experiencing significant changes on land use. These changes have brought about adjustments on our way of life. Balinese cultural and religious activities rely on nature such as forest, beaches and mountain. Both cultural and system belief have been bound together to be the soul of Balinese daily life in general. Modification on our daily life does not always come smoothly. There are objections and interruptions on the way, since modifications are not moving towards the same direction with the local customs (Adat). Local desa adat institution is a main organization to manage our community in Bali. Both culture and this institution is intertwined within Balinese societies.

Majorities of Balinese are farmers. Wet cultivated farming system has been rooted from the past. Irrigation is becoming a crucial component of the system. Thus we have an irrigation association called subak, which is locally reliable. Land used for farming areas have declined dramatically as excessive scale of fertile land have been converted to support demand on tourism facilities. Farmers loose their land. Irrigation line is cut off and subak institution cannot perform their function. Subak existing might be disappeared gradually.

Therefore in this discussion I try to link role of local desa adat institution and the existing of land use changes. Can local desa adat institution be a mediator between local community and the reason behind land use changes in Bali, in this case I must say Ubud.

Technically the discussion will be lead by a moderator. He is my father actually. I am aware that I have limitation in recording the discussion, thus I decide to use this electronic aid. Do feel free to participate and voice your point of views. The record is merely aimed for academic purposes. Information and inputs raised in this focus group meeting will be main sources of my research data. Thank you!

We better start our discussion. I leave it to the moderator, please! Thank you!

Thank you Ayu!I gratefully thank Pak Lurah, Bapak LKMD, local police representatives, Adat and dinas Leaders in Ubud for the opportunity given to my daughter to hold this discussion. I am sure that every body has handed in a piece of paper contained list of questions, which will be discussed in this meeting. Most of questions are linked each other. When you respond to one point, you might do to other points at the same time. Therefore, we would not be strictly discussed these listed points one by one. We might be better to do it by grouping these points.

First of all we will discuss 5 questions. Firstly, What do you think about the current land use in Ubud? And would you recommend that this land use has to be improved? Secondly, How is the role of Adat institution and its agencies in Ubud land use? Next, How is the corporation between Adat and dinas institution in managing land use in Ubud? What kind of corporation do you expect from them? Fourthly, Is there plan to improve the present land use? And fifthly, Is there a need to improve roles of desa adat institution in the future? Those are all to begin our discussion. Please feel free to state your point of view. Please!

Excuse me, would it be all right if I am not using your loud speaker?

I am so sorry that you need to use! As I said before that this electronic aid enables me record this discussion, since my capacity in writing and listening this discussion is limited. This will affect data that I gather from this focus group. Hope that you would not mind for me to put it on. Sorry for the inconvenience. Thank you.

Yes please.

Can I say something before I respond your questions?

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Appendix 2 Yes go ahead.

Pak Lurah and Bapak Ketua LKMD explained to us that this research is aimed for either dinas or adat agencies and their participation within land use in adat village of Ubud. We would not be able to acknowledge our point of views on behalf od dinas or adat institutions, since we are not fully representing adat agencies. Bapak Bendesa adat has gone by now. If we are samples of Ayu’s survey, we would say something on behalf of our personal perspectives. It does not mean we are saying something based on communities’ consensus of ubud or ubud adat/dinas institution. Neither adat agencies nor bendesa adat are here at the moment. We are representing dinas institution. Referred adat agencies are agencies/leaders of Kahyangan Tiga (three main temples in each adat village in Bali). Hope that the surveyor will understand about this.

Thanks for the information. As I have explained before this meeting that there is not a compulsory for you to represent any institution. You can voice your point of view individually. You are invited as members of adat and dinas village of ubud. It does not mean that you have to state your responses in accordance to village’s consensus. Your personal information and general point of views will be appreciated. Thank you.

Morning. I agree with the statement of Padang Tegal kelian adat (the ledaer of banjar adat. Banjar is a neighborhood institution under the adat institution). Adat institution leadership components consist of bendesa (main leader), leaders of kahyangan tiga (Desa temple, Dalem temple, and Puseh temple), adat/dresta, awig- awig (customs). And most of us here today are components of dinas village, such as Lurah, Ketua LKMD and kelian Dinas. I can understand the intention of surveyor. Being part of the village life, we should have been more familiar with local issues and things happened around, shouldn’t we? It is regardless of your position within the community. Either directly or indirectly, we will be here representing our local environment. In regard to present land use of Ubud, and whether there is a need for us to improve parts of the current land use. As part of either dinas village leaders or members of villagers, I directly had done observation on Ubud land use. I come into a conclusion that we have to ameliorate our land use based on a long-term plan. We either revise the existed plan or conceive totally a new land use plan and management. According to adat (local customs), system that we use to manage our physical environment will either positively or negatively affect psychological living aspects of villagers in Ubud. For instance, the land use in a “lingkungan sikut satak” (household housing plot). The population growth has required dwellers to redesign their lingkungan sikut satak, which must be maintained in harmony with the philosophy of Tri Hita Kharana. We have to develop a new system, which approaches and refers to this concept. The second point is about the role of desa adat institution and its agencies in managing land use in Ubud. As a member of desa adat institution, I observe that there is no serious problem with either adat/customs or land use in relation to adat in ubud. There are some problems, but those are not exactly in connection with adat and adat land. I would like to even say that there is no problem about land and adat in this village. Ubud’s awig-awig on adat (customs) clearly regulates Palemahan (housing area) and pawongan (non-housing area) zone. The related regulation is written down in awig-awig desa (Ubud’s written awig-awig). Of course personally, I emphasize that the awig-awig must be socialized further and widely. I focus on regenerating values contained in that awig-awing into both current and future generations. Each generation has to to have a thorough comprehension to what local customs is about. Moving forward from here, they then become familiar on it. Even we have not experienced a critical case, which affects our community life badly. However approaching the future, we need actions, which can contributes solutions in overcoming obstacles, which is possibly overwhelming our community. Rapid growth of population especially, has to be considered more seriously. It does not necessarily mean a natural population growth rate. It must be brought by an increased rate of outsiders, who come to Ubud either permanently or temporarily.

Third point is in regard to corporation between desa adat and dinas institution in Ubud village. Corporation between adat and dinas in managing land use in Ubud has been organized well. It has been going through smoothly. Each dinas and adat has its channel….has its job description. Dinas deals with issues related to national government bureaucratic system and adat handles matters regarded to adat, ritual activities, and local way of life. And so far they both have done their work together and coordinate each other.

Is there plan for the future to improve the present land use of Ubud? We have realized a need of us to think about future land use management in Ubud. We know more about our territory and we have to start it without waiting a hand from national government. In a local level we have awig-awig (norms, policy, regulation, customs), which is regulating Ubud land use. It does not mean that we show negligence on national policy of land use released by Indonesian department of land affairs. In this case we initiate changes by approaching the local policy, such as awig-awig. Ubud and some other villages have composed perareman (guidance on applications of awig-awig in accordance to certain circumstances) on land use. Perareman includes regulation on land used by investors in either small or large scales. Investors could be originated from insiders (locals) or outsiders who own capital. We move towards a main frame of thought as it is conserving local philosophy of Tri Hita Kharana. We intend to build relationship between the local and investors. Therefore, sense of being responsible to local’s needs will be gradually emerged among economic aims. We are sounding out new scheme of awig-awig. This perareman will also regulate land used for small businesses, such as stalls, café-shop, restaurant and other industrial purposes.

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Appendix 2

The fifth is about intention to authorize local desa adat institution with more roles in managing land use in Ubud. Personally, as members of Balinese community in Ubud, I confidently say “yes”. This is an urgent request. I have clarified reasons behind this demand. Desa adat institution in Ubud, has been there to manage the community, which obviously has characteristics, which obviously well developed in philosophical basis of the institution. Those characteristics consist of ritual, philosophical and norms aspect.

The only desa adat institution will have more opportunity to understand how the society works in order to sustain local development. F we do wish future generation to maintain our local ways of living…..we have to empower the desa adat institution. Thank you. That is all from me at this moment.

What about other opinions? Is there additional comment on those first five points?

Thank you. I want to comment on question number three about corporation between adat and dinas institution in Ubud. In my position as lurah of Ubud (dinas village leader) I will say that dinas and adat have been coordinated well. We work together basically. Adat is coordinated by awig-awig and dinas is coordinated by national government regulation in upper level. I can give you an example. Before decision on land use change is made, the change should be approved by adat institution. On the other word, it has to be recommended by Adat. Therefore changes on land use so far, have involved both adat and dinas institution in Ubud. Both locals and outsiders who want to construct a new function on an existing land, will be decided in accordance to national law on land use and referred awig-awig belonged to Ubud adat village. Normally local adat perareman will also guide the exterior appearance of the building. We always aim to maintain buildings being constructed under the concept of Balinese architecture. It does not mean the building should be completely built according to the local concept. They will need to apply general concept of the local architecture and local concept of customs. It has been made that any decision made will have to consider components of the local society and its culture. According to the structure of Ubud village leadership system, part of Adat and dinas leadership component is lead by the same person. In this case kepala dusun (dinas institution, which is under village level) is also appointed as kelian banjar adat (neighborhood institution, which is under adat institution). It is expected by then that corporation between dinas and Adat in local level will be started from these both sides. We try to reduce the difference. Apparently, we are not having any serious problem in regard this merging system. In fact they are managing the same area and relatively with same villagers. This indication shows in which method we approach our local governmental system in Ubud. It is not a perfect system. At least we have started something.

The next point is about land use in Ubud. I should say this is my personal perspective. I am sure other village members will have different opinion on it. I must say that should do something on our land use in Ubud. Land use improvement is required for Ubud. I would like to emphasize the concept of “Tri Angga” (jeroan, madya, teben or head, body and foot) in such land use. We have been experiencing disorganized land use since couple of years ago. It seems that there is no single land outside houses, which is not used for tourism purposes, such as art-shop, coffee shop, restaurant or any other function. This existing is inevitable, since land have been having a high economic value and it is also becoming a promising economic commodity. We used to have a spare space outside the house main gate. It is usually used as the place of “bade” (a temporary model to be used to carry the corpse into the graveyard) in “ngaben” ceremony and also as a place to socialize with the neighbor. This space will be decorated by flowers plantation for esthetical purposes and also the flowers and leafs will be used for offerings. Apparently the society has changed. Telajakan (space between the house and the road) has been a potential alternative among locals’ sources of living, since tourism gains its recognition in Ubud. This situation is inevitable.

However, we locally keep maintaining technical issue in using the land. The role of undagi (Balinese architect) and priest dominates guidance in regulating land use in every local household in Ubud. Application on tri hita kharana, and asta kosala kosali in karang sikut satak are remain well nourished.

I expect that this research will enable us to have a method in which this local issue will be maintained in the future. Hopefully we are able to give the researcher data and feedback required from this discussion, which can be considered as research inputs. To others here, please feel free to state your point of view. Even I am the village leader of ubud, it does not mean your opinion must be the same as mine. I am talking here on behalf of myself. I am not representing any body. Your perspectives will be crucial contributions as the research data that enables researcher to see clear views of our condition in Ubud. Generally I will say that Entire result of her research will depend on your perspectives in a way. Thank you.

Please feel free to enjoy the refreshment served this afternoon. Thank you.

I would like to say something about our land use in Ubud. I am sure that we have had a clear understanding that land use in Ubud has changed. The changes are about the use of land, looking for land, and economic benefits. In past land was used to obtain peace and welfare (hita). Tri Hita Kharana was the main

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Appendix 2 measurement. The intention in land using initially was aimed to achieve “hita”. That was the main purpose. I will explain to you an example that presently I deal with. There is a villager who builds a house. But he is not familiar with traditional measurement such as, depa, sikut, asiku etc. Finally he found that he has built house which exceeds the borderline. I think most of us are not familiar with traditional measurements. I do not know why….. I also experience that even Balinese scientists have started to ignore local measurements in using the land and building design process. In past we keep our faith in applying these measurements. The policy also leads us to the land function. Which land is better to be used for plantation/ agricultural sector and which one will be used for other purposes. We have been having lot problems on land use since we regularly show our ignorance on local guidelines. I cannot deny the role of customs and our religion in Ubud. This is a kind of belief, which has been there in our society. It has been leading us all the way through. Then should we neglect it? Our society has changed! Our way of thinking consequently changes. I do not know, which one comes first. If there a question about a plan….I have never found there is a local planning for Ubud. The intention to go back to the local method is there. However, I have never got involved within such activities individually or in a group. Problems on land use continually occur and will keep going on. Business and economic development is overwhelming our local ways of living. For sure it is not aiming for “hita”. Another issue is, which land can be used and which cannot be. Most of dwellers have no clear understanding. Or they do but their courage to obey so has been placed after the economic expectation. Ambal- ambal/telajakan is supposed to be used as art shop or other tourism facilities. We do not have precise comprehension on what it is, why it is there and what is the function of ambal-ambal. What happens that most people want to have ambal-ambal…they are looking for ambal-ambal in order to have opportunity to dig economic benefits from tourism industry. Ambal-ambal belonged to who?…They do not know the answer. They just want to use it! Those are land use changes in Ubud. Local measurement has been neglected. By then, land use has changed accordingly. Those will be conclusions of my point of view. Thank you very much.

Thank you. Would some body else like to make an additional comment on it? Please.

If not, I will continue to next points. In order to anticipate possibility of future development, would you think there is a need to enhance involvement and roles of adat institution in Ubud? The next question is, would we have to enhance the capacity/capability of adat institution in regard to their future roles within future Ubud's land use and its development? Or would you assume that adat institution would be capable enough to respond the future? Please focus on the land use change in Ubud. What are inhibitions (retardations) that might be encountered by the adat institution within Ubud in relation to Land use change in ubud and roles of adat institution? The following point is, how does adat institution manage economic development as a result of tourism development in Ubud. Yes please!

It seems to me that points raised here are related each other.

Yes, as I mentioned before. Therefore, I do not discuss the question individually. I tend to group them and raise the issues in one time to go. Hope this will be all right for you all here.

I agree with Tjokorde Aji, Pak Lurah and others. Land use in Ubud has changed a lot. We do not realize it even. Till the time we are really overwhelmed. In a way we gain something and coincidentally we also experience decay in some aspects. It is really a hard situation at the moment for Ubud. We have regulation, but most of its applications are adapted into to suit current situations. Therefore hard to say which one has to be done and which one must not. We are not referring to the firm system. Regulation on ambal-ambal, telajakan, karang sikut satak are faded, since then. The only guideline clearly stated within the recent awig-awig is about tanah ayahan desa. This type of land is belonged to the village. Any individual cannot own this land and it cannot be bought and sold. Such land is normally regulated by the adat institution up to now. In most villages, I will say. That is all from me and thank you.

Thank you. What about others? Would you like to add more information? …. Yes please!.

Yes can I just have my additional comment? Thank you. I absolutely agree with Bapak Kelian Banjar Ubud Kelod that we cannot stop development. However we have to re-manage and putting all future possibilities down in a new system. We have discussed about this with our bendesa (adat institution leader) in Ubud. Our first effort is socializing the awig-awig, especially in conjunction with our living environment. We rewrite the awig-awig using language that can be understood by most of us. The writing will be published as a pocket book. Every villager will have a copy of it or at least there will be one copy in every family. The book contains of all related policies in Ubud. We focus on daily guidance of policy applications. The aims are to educate community to be familiar and aware of their awig-awig. Community

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Appendix 2 members are expected to be knowledgeable on local awaig-awig, which by then they will have their comprehension on such issues. Local awig-awig is not merely a possession of certain group in community life, as such situation has existed up to now. We do intend to do it for the future generation. Regeneration of the local value will be a critical issue, which has to be prepared from now on. Otherwise our future will loss somewhere. We will not longer have our identity. The fact that most of us do not have clear understanding on what the awig-awig is really about has inspired us to release such pocket book. Sometime, we do not pay attention on this matter till we experience obstacles and problems, which force us to consult with the priest, bendesa and undagi. Developing this pocket book is an on going activity. Editing, improvement in accordance to awig-awig and the society changes will involve a great commitment of the teamwork. Hope it will be a method to educate our people, even local society’s leader and the undagi (local architect) and the priest will still be there to assist us. We need to keep our faith on the application of awig-awig really. Ehm..we are at the beginning of a long effort. The application will wittingly depend on our cognition to prevent next disobedience. We would not have many opportunities to demolish what has been built on certain land. Financially and socially it costs a lot. However we can prevent the next, can’t we? I think these responds have answered all issues raised in this stage. Thank you.

Thank you. There might be others, who want to give additional point of views. Please. Should it be Gus Aji?

Thank you. What I need to emphasize here is that there is a need for us to enhance role of adat institution. It is not merely need to …but it is urgently required to. We have to underline the phrase of the urgent need. I heard that our representative in people representative board has been discussing such opportunity for the local institution. Up to know they have not finalized any single related decision yet. In my perspective people representative board would not succeed their mission, unless they find out the main aspect missed within the community, which is actually a substantial aspect of adat institution itself. As I said before that the awig-awig as the constitution of the community has been neglected and overwhelmed by the economic development. The first step is reintroducing the awig-awig to refresh members of the community’s cognition. I am not saying that we will not have any problem afterwards. Minimization is the word for it. As a banjar’s leader I find it hard to overcome problems, which involve community members who do not have proper knowledge on the customs. Thus education process will give then idea in which method their action will be able to sustain the local ways of life. Accordingly hey will be lead towards a certain direction with the aims of local development program. Village leaders will also find having more hope to manage people with a same substantial goal and comprehension in common. I personally support the idea of having a pocket book on local awig-awig. This will provide a source of literature for the villagers. Being knowledgeable is the first step. I absolutely agree with the Tjokorde Aji Kerthyasa. We need to more focus on the young generation, I think. Hope that we can work it out together. I am sure that this is not merely my expectation, but this is ours. Let’s work together. Thank you.

Thank you. Would others want to say something? Yes please.

Thank you very much for the opportunity. We are now discussing about land use changes in Ubud. Land has been an important economic source in Ubud. Land economic! It is more interestingly related to land uses. This issue is even becoming more crucial in the case of Ubud, since the area has been developed as one of tourism development center in Bali. Land is becoming more economically important, especially that which is privately owned. Land is an economic commodity, which bought and sold. Economic value of the land in Ubud increases rapidly. It seems to me that once you own the land, you will have right to use it in accordance to what you are aiming it for. I am suppose to say that law enforcement on land use in Ubud is very low. Who does the controlling function? I have no idea! Which law does allow you to use footpath as a place to do your business? Which law does give you permission to build a building exactly next to the road? This disobedience has stepped on lines of law. What happens with our law enforcement? What happens with our system control? I can understand the situation, which land price is very high and the buyer is not willing to sacrifice any single penny that he possibly earns from any small part of his land. Thus he does as much as he can do exactly. In general, he only focuses on his needs rather than the whole circumstances. However, he forgets that he would not have chance to survive while the circumstance does not provide positive support. I really assume that national government in local level has to reconsider the regulation on land use. I place a great expectation on this research, which is hoped being able to analyze these existing based on the eyes of theory and proper related science. For the future, the research findings will be becoming contributions into the national system on land use. In my perspective, our government needs to redesign a future system for us, which sets a common goal that benefits all of community members. Equity is what we are looking for now. Please reduce the wide gap between fortunate people and unfortunate ones.

I myself do not have clarification on adat land or individual land. I have no idea about adat land. I completely do not understand it. I have been questioned several times about this land. Unfortunately, I am not the right person to explain the truth to them. Can adat land be bought and sold? Another type of land here is “Tanah Karang Desa”. I think this kind of land must be the same with ” tanah sikut satak”. In tanah sikut satak, free

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Appendix 2 land (un-built area within a household area) is can be owned privately. I have no clarification on these matters. By the time I do, I will let the researcher know about it. Those are all from me. Thank you.

Thank you. Is there further additional comment? Please!

Thank you for the opportunity. Ya, I can understand the confusion that is occurred in conjunction with “Tanah ayahan desa” and “Tanah karang desa”. It sounds complicated really. Even, there is no clarification on definition of each existing. So far they are overlapped each other. From my perspective, “tanah karang desa” is ” tanah sikut satak” and “tanah ayahan desa” is taxed land. It will not be a significant confusion if we are familiar with the system, which is applied. Up to now, in one side we stick on our local system, and on the other hand we also have commitment with Department of Agrarian. However, I agree that in local level we have to have an initiation in which method that we prefer to be with, instead of waiting for the national Government’s action. I strongly agree with the commitment that roles of adat institution will be intensified from now on. This is a progress! Another important issue is regenerating values we have locally to our future generation. I f we want to have space to do our activities, we have to protect our land. We cannot do it on our own. We have to work together, including the youths as our future generations. Being familiar with local terms and issues will help them in decision-making process. Without knowing ambal-ambal, awangan, apah joli, etc would not enable them to judge a situation or to overcome a related conflict. Pak Tjok has explained to us about pocket book. This is a good idea. It will not merely good plan for Ubud, but it will be for all desa adat institutions all over Bali region. Having such written documentation will benefit the next generation. Land use changes occurred in Ubud is frightening actually. The sooner we encounter problems on it the quicker responds are required. The sooner, the better it will be. Thank you.

Next please. Yes please!

Thank you. My response will be about investors who come to Ubud. I observe that the most land has been sold to these investors, who economically have more capacity in carrying out such transaction. Locals would not be competitive enough to do so. Land market is cot catered for the locals, on the other word. Thus as locals we have to be able to make a flexible decision, which brings about long-term advantages for local resources and environment. Flexible decision in this case carries a meaning that instead of selling the land, we are better of renting it. This decision provides us more opportunity to control use of land in accordance to agreement that approved by both landowner and investor, who rent the land. Giving more space fro us to breath in the future. We would not completely loss our heritage in the future. I can say this is a manner for us to participate within the economic development and without fully loosing our right. Our rights are not sold. Thank you.

Thank you. Perhaps others would like to add more information on that! I would assume those information would be enough ….I would have to continue to next points. What do you think, if there are investors come to Ubud and intend to buy land as a method to invest their capital? Would they be accepted, rejected or selected? Would you have criteria in accepting, rejecting or selecting them? The next point is, how does desa adat institution respond to roles of investors as one of economic agent in Ubud and on the other hand they also bring about social and cultural impact on the community life especially. Actually, some of these points have been answered through the discussion. However, further point of vies would gratefully welcomed and appreciated. Thank you.

Would it the next responder be Tjokorde Aji?

These questions are similarly related with problems encountered by ada institution in Sayan, Payangan, Lap- lapan….and I am sure most desa adat institution are experiencing similar obstacles in land utilization and investors. Such conditions have inspired me to develop “perareman” (the application of awig-awig in accordance to the current condition faced by the village and the community. Perareman refers to the village’s established awig-awig. Customs will be main reference of perareman. Including regulating the investor, under which condition they will be accepted in Ubud. If they cannot accept such conditions, consequently they are rejected. Duties and rights of investors are stated clearly in our perareman. If both parties, both investors and locals approved the conditions…transaction and deal can be done. If the answer is not…bye..bye investors and bye…bye . We don’t want to have problem after the deal done…we do not want to buy a cat in a bag, do we? I am sure in most villages in Bali, they have not thought to revise similar perareman. How will we police others…in fact we have not have the policy? This is a big doubt, isn’t it? I still keep the concept of Perareman at home, if Ayu need it, you can get a copy of it later on. Or you might be able to get it from Pak Lurah here! Perareman of Ubud includes guidance on building/ capital invested on restaurant, resort, hotel included other facilities. Rights and duties of five stars hotel are also covered. There is a problem in Sayan recently. A Sayan villager is having a property in banjar dajanan. Sayan and banjar dajan are under different adat village. However they are situated in the same dinas village. There are

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Appendix 2 two systems existed actually, dinas and adat. We have not refined the regulation, which is able to solve such problems. I do not expect that locals will be judged based on personal reasons. In perareman, which is being conceived recently will embody both local awig-awig and national policy. It also concludes adat’s territory and dinas’. We have conceived this perareman for desa adat Payangan. However we leave its application of the hand of each desa adat. The success of this effort will depend on our corporation basically. Therefore I do insist that community members have to be familiar with this program, which enables them to have inherent comprehension and clarification on the application. Socializing the perareman must be the next pace. Therefore initiation on having a pocket book comes about. Prior to the finalization on land used, national government has to have recommendation from the local community through the desa adat institution. Therefore land use permit released has less possibility of damaging the local communities, in either a long or short- term basis. Another important issue that we want to saya here is that government needs to be more distinct in forcing the land use policy. Low law enforcement will not help at all. Being consistent is another matter. Whenever they start a business…start to build a facility, they have to be taxed. Tax is not merely a source of regional income. This is also a method of taking and giving in community life. This is a communication method actually, which can bind us together. We cannot have a look at it as it is a material matter only. Psychologically, it does affect the society life. That is all from me. Thank you.

What about others? Would there be additional comments? Please.

Would it be all right if I start from point number 9?

Sure!

What are possible obstacles that we might encounter in near future, in regard to land use changes and roles of desa adat institution in Ubud? From my observation, we even have experienced those obstacles. And I can predict that there will be more future challenges for Ubud. The reason is, our policy has been faded by the intention to gain more economic benefits, which if we really look at, it is not a sustained economic benefits. On the other word, it is in-fact a short-term economic expectation. For example, in micro scale most of land outside the household area has been utilized for art shop, restaurant, coffee shop, etc. Continuity on doing it so, will result in deterioration of community characteristic. Ubud community will be turned up into a business area, which instantly will allow us having less opportunity to perform our local activities. Therefore we need a succinct and concise policy on using the land in micro scale, which regulates land utilization and has to be applied to every body, every party or group of people. By enhancing roles and contribution of desa adat institution, I believe there will be more possibility of the locals to learn, to participate, and to control land utilization, which maintains both local and development concerns. I really contemplate that desa adat institution is an empowered institution in every desa adat all over Bali islands. Thank you. Forgive me if I say unexpected things.

Thank you. Is there more point of views from others? What about Bapak Lurah? Please!

This is related land use in Ubud. Tourism industry development in Ubud has brought about changes on land utilization obviously. I agree with Pak Tjok, that in order to anticipate the future we accordingly need to learn more and more from previous experience. The situation requires us to be able to police the development, which has more probability to negatively affect our society. We cannot deny that we locally are not financially independent. We need financial support from outside. Investors would be an example of it. Investors on the other hand, are more focusing on economics gain. Balancing economic and our needs thus we need to build a mutual corporation. Pocket book conceived by Ubud's team under supervision of Pak Tjok would be a crucial starting point. At least before investors get into an area…permission or permit is a prerequisite. Policies established in the pocket book will be conditions and terms in which investors suit the local's environment. The local community must aware about who is coming to invest their capital in Ubud, in which sector the investor invests their money, what is investor's economic aims are, and etc. This stage requires great involvement of the desa adat institution indeed. Since this institution is the main organization, which manages local approaches, culture and its daily life. If the government can build a system, which requires every investor to have local recommendation before his investment plan approved, it would be greatly appreciated locally. I do expect such system will be established one day. Local recommendation is one of considered aspect, before the decision is made. Whether an investor's proposal will be admitted or will not be depends on local recommendation itself. This is part of local involvement within the development. If the government fails doing it so, I am wondering that our existing will be squeezed. No space for our Kahyangan Tiga, no space for Ngaben (cremation ceremony in Bali). We do not expect that investors will build their swimming pool next to our temple. It would disturb our concentration and our ritual activities for sure. Conflicts would not be avoided, as activities with different characteristic have been forced to be allocated in the same zone. Sense of rituality and cultural sensitivity will be lessened and lessened in time. We realize that tourism in

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Appendix 2 Ubud is mostly brought by social and cultural interests, which attract visitors to come to this area. Ubud tourism industry is slightly different than other tourism area in Bali. We do not have beach or historical heritages. We only have art and culture. Accordingly, if tourism industry is subject to be maintained, that would be a compulsory for us to sustain local culture, local values, local art and local ways of life. Those sectors are well merged within the desa adat institution. The most important thing in my perspective is a bound culture and belief has been a value added to the tourism industry in Ubud. Human activities, ritual lifes and cultural aspect have been melted in daily life of the community. And the existence of Ubud's tourism industry depends on the continuity of this community life. Culture, belief,art, and community life are the most appealing sectors of Ubud. We cannot make a comparison between Ubud, Kuta or even Sanur. Both Kuta and Sanur have natural resources such as beaches, which attract visitors to come. Beaches are relatively last longer resources than those of culture and art. Culture, art, system belief are dynamic resources, which are to be maintained if their existing are the most components required to sustain an integrated development and its progress. I personally understand that the cultural movement has to be spread up and socialized among community members. This process would enable them to gain better comprehension to what action required in anticipating certain problems occurred within the community life. This would indeed necessarily help us to be more aware in regulating land use in Ubud. Culture socialization embodies application on Tri Hita Kharana concept. This is basically about balancing relationship between Human-belief-environment. At the present, Ubud community is dominated by more practice on relationship between human being and their belief. In the near future, relationship between human and human, human and environment will be in great demands to be improved. In actual facts, relationship between these three aspects is bound together. Talking about investors, permit and land use will embrace relationship of these three aspects. By understanding a balanced relationship among these three aspects brings about clarification on aims of land use in Ubud. It must be there before decision on land utilization is made. Let we see this example! Before investor decide to build a hotel in Ubud. He/she needs to buy a piece of land. In order to be able to run his/her idea smoothly he/she has to approach the locals, the landowner and the community. This case shows relationship between human being. Environmental study and assessment has to be done before hotel is constructed. Otherwise the project will be postponed. This is relationship between human being and the environment. Furthermore, she/he as investor has to maintain his/her social relationship with the community, which is characterized having a strong system belief. Again…this is relationship between human being and their belief ("God"). Let say that the investor shows his/her negligence to address these conditions …. Will result in project cancellation. We belief that, his/her failure will bring about disharmonious, which entailed by problems. For the future participation, composing a pocket book on local awig-awig will be guidance for the current and future generations. I need to inform the researcher that there is a proposal on sharing tax income collected in Ubud among national government and the locals. This proposal is proposed by the Ubud desa adat institution to the national government in local level. Part of local income needs to be allocated on local development of the host area. I positively encouraged this idea and I am sure this income will promote more local participation as well as being a courage for sustaining Ubud development. It should be part of involving local institution. Don't you think so? Have community members understood the issue mentioned above? This is still a question mark. We all have not been educated enough to understand the whole process, have we? I personally will not refuse investors. There are always positive and negative impacts on any decision we made. What we need to do is to prevent those negative impacts from occurring and put more effort to gain the positive ones. This sound easy to be said…but it is to hard to be done. It might be easier, when national government is partnering with the local adat institution. Therefore I am as dinas leader in Ubud always promote more participation of desa adat institution in every local issue. I am sure that in a community such Ubud…without local participation we would not have opportunity to succeed any single program. Those are my comments. Hope that others will add more information. Thank you.

Would it be more comment from others? Yes please.

Thank you Pak Tjenik. I will comment point number 11. What about if there is investor coming to Ubud to buy a piece of land as an investment method? Would be accepted, postponed or rejected? So far I can tell …. It will be accepted! There is no investment package being rejected. It is not selected…it is not rejected …and it is not postponed. It will be welcomed and accepted! Deposit money will ensure that transaction has been done and land has been sold. Of course there is pro and cont on this issue. The land broker must be the one who absolutely support such existing. Without selection …there would not be any selection process…whether land will be use for cocaine plantation…or community will be manipulated and used for personal goal…there is no assessment! In Ubud such existing does not happen. Land in Ubud is limited. There is only a few of us owns huger land, which can be rented under certain contract. For example in a limited karang sikut satak there are five core families. Thus we do not have enough land to be rented or sold. I would emphasize that there is no selection, postponing or rejection process…there is only acceptance. Hope the future will change for us! Hope that pak tjok proposal will make it difference. That is all from me. Thank you.

What about others?

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Appendix 2 Thank you. Actually investors who invest their capital in Ubud have been rejected. But we close our eyes. Investors who want to build hotel on agricultural land have been rejected by awig-awig. Investors who intend to improve rice production from 1tonne/hectare into 3tonne/hectare will be accepted. Rice field in Ubud has its own irrigation system and it is bound by a “Dugul temple” (a temple for farmers). The farmers conceive these components as a whole system to sustain agricultural production. If the land is converted into a hotel…what about another two components….temple and the farmers. Hotel owners will not maintain the Dugul temple, since their profession is not being farmer. And what about the farmers themselves…they cannot do much for living, since land has been dismissed. System ultimately in-fact becomes unbalance. Therefore, I must say investors have been rejected. Whether we frankly state it or not is another problem. The social software has rejected the investor. The hardware unfortunately has accepted as economic accelerator of the region. Our failure in understanding our local awig-awig has closed our mind. And at the same time we are overwhelmed by economic gains promoted by the investors. We are proud of being economically strong…but in-fact it is not locally sustained within a long period. We are achieving something…and loosing more things. Honestly that I am happy that we are participated within this research. We are provided an opportunity to discuss issues on our land use. Hope that this research will be able to propose solution to overcome our land use problem in Ubud. Please do not forget to leave a copy of your thesis afterwards to our Pak Lurah Ubud. It will be most appreciated.

Thank you. Would it be more comment from others?

Thank you. I focus on special case related with investors. There are lot of investors come to Ubud to either buy or rent the land. Base on my observation, I have not found there is a policy, especially that approached by bottom level. What I mean here is land policy conceived by kelian or desa adat institution. There is no continuity between policy established by upper governmental level and that of the bottom level. What normally happens in Ubud is land transaction is managed and validated by solicitor and national department of land affairs. They might get it back to the bottom level, such as kelian, bendesa adat, pekaseh, etc, when problems are encountered. This is a very common case. Thus there are numbers of land conflict involving local interference of of the community’s institution. It does not merely happen in Ubud. It does occur everywhere all over Bali’s region. I can see that there should be criteria established by both local and national government in the selection process of investors. Up to now, we have not got those guidelines yet. It might be in the near future we would do. I hope this research will fasten sort expectation into occurrence. Before the land transaction done, we need to clarify whether certain land would be better to be sold or being rented. Being honest… I must say that we have something but we do not know the value of it. We do not have proper capacity do such assessment. At least having guidelines enable us to do a preliminary thought of the opportunity coming to us. That is all from me. Thank you.

Would it be somebody else want to express particular poit of views on particular point? I assume there is none, and I would like to end this discussion shortly. I gratefully thank you all for coming to participate today discussion. And I also apologize to you all for mistakes that unintentionally occurred while the discussion was conducted. Once again thank you very much for your participation.

Finally, we come into the end. We have discussed all points listed on this paper. I would gratefully thank Bapak Lurah, Bapak ketua LKMD, village leaders of Ubud and Ubud villagers for your involvement. Please apologize to any inconveniences. We have gone through the discussion this evening. I thank you all for your kind assistance and effort. Your participation is greatly appreciated. The issues and information raised within this discussion will be major data that I am going to analyze within the next stage of the research. I myself hope that indeed this research will be able to clarify capacity of desa adat institution in land use management in Bali. There are apparently two possibilities emerged, will be appropriately participated; will not be appropriately participated in managing the land use change. When I finish this research, I will send a copy of my thesis to Ubud community. At the end, please accept my apology for mistakes and any inconveniences. Thank you. Before we finish the discussion please let me great you all with “Om Canti Canti Canti Om” Thank you!

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Appendix 2 Appendix 3, Tenganan focus group, 11.02.01

I thank everyone for coming here at Tenganan hall this morning, on February the 11th. Our discussion topic is “Roles of desa adat institution in land use change management in desa adat of Tenganan”. Before I start the discussion please let me begin our meeting with a greeting “Om Swasti Astu”

Land use has been a major issue in Bali recently. Changes on land uses have brought about numbers of social issues that less or more affect the locals’ economic, culture and social life. According to a recent data gathered from a local newspaper of Bali Post, 30% of farmland has been converted into different functions, such as hotel or other tourism facilities. Local economic structure, which was previously dominated by agricultural sector, has moved from self-supporting basis into a dependent structure, which leans on tourism industry. Changes on land use is an unavoidable, since tourism industry which is believed as a leading sector of Bali’s economic development, requires more space to construct supporting facilities to cater tourism industry demands. We cannot deny that there are numbers of other forces. But apparently, tourism industry is the major source of land use changes in Bali. For instance, the internal migration is another force. The percentage of this type of migration who comes to Bali increases coinciding with the growth of tourism industry.

Balinese community has been bound by desa adat institution. Before the island was integrated under the Indonesia united nation to be one of Indonesian province, the institution organized its members in accordance to community’s customs, which are established as either oral or written consensus. Post integration era brings about changes on the governmental system in Bali, including that in local level, where the desa adat institution working area is. Apparently it can be observed that locals continually relies on both the desa adat institution and the national institution in local level. I am sure that you are more knowledgeable in this situation than I am. Having such historical background and in conjunction with land use changes therefore, we are here to discuss about possibility of local institution to be involved in land use change management.

Technically the discussion will be lead by a moderator. He is my father actually. I am aware that I have limitation in recording the discussion, thus I decide to use this electronic aid. Do feel free to participate and voice your point of views. The record is merely aimed for academic purposes. Information and inputs raised in this focus group meeting will be main sources of my research data. Thank you!.

We better start our discussion. I leave it to the moderator, please! Thank you!

Thank you Ayu! The topic of our discussion has been broken down into roughly 12 questions, as those are listed on the paper handed to you just now. I will always refer to these points. Most questions are related each other, therefore the discussion will not be led by every single question. It probably happens that a response has answered more than one point.

I will start with the first point, what do you think about recent land use in your area? Would you think that the existing of the current land use has to be improved? Please Jero Mangku, thank you!

The first thing that I want to inform here is, in Tenganan we are not allowed either to sell or to lend or to pawn the land to outsiders. This is part of our customs. Every villager has been bound to adhere to this customs. Up to now, we have never ever sold or pawned our land. I realize that we need to regenerate and socialize this policy among our future descendant. If we fail in socializing it so, next generation will get lost somewhere. Tenganan customs revised in 1841 mentions that Tenganan territory consists of the area of Tenganan Pegeringsingan, agricultural area, which is bordered by Kastala, Asak, Timbrah, Bugbug and Matjang villages. The last area is forested area, which is bordered by Candi Dasa beach, Nyuh Tebel, Sedahan, Dauh Tukad, Ngiis, and Matjang villages. Up to now, we have never done observation on those area thoroughly. If it is possible, I would recommend land and agrarian department of the national government in level to conduct a field observation on the existing of Tenganan’s territory. Thank you!

Thank you! Jero Mangku has explained the existing of Tenganan’s land in accordance to Tenganan’s ancient inscription. Would some body else like to add more information in relation to point 1? Yes please!

We are in Tenganan have possessed written and unwritten policy in relation to land and it uses. Our main problem is, we are not aware about it. Our young generations unfortunately do not have strong motivation to learn more about their local values. I am worried that in time we will loose our values. I am not saying that they are not knowledgeable in customs, but they do not have a deep understanding about it,…they lack of

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Appendix 3 comprehension on the local customs . What behind the written policy is not observed thoroughly. Consequently, they cannot apply the local policy in practice and customs itself will not appeal to them longer. Therefore, we will find it hard to answer your question about land use in Tenganan, since we are not knowledgeable enough in Tenganan customs, which has ruled by Tenganan’s land use.

So far, I can see that recent generations of Tenganan are less conscious with their land. Most of my generation would not be able to tell you boundary of Tenganan’s territory. They sometime do not know the boundary of their own land. There is no crucial courage to motivate them so! We seldom visit our land since sharecroppers, who are originated as Tenganan dwellers or outsiders, have helped us cultivating the land. Land existing and its uses in Tenganan historically has been interfered by Land reform established by our national government. I cannot explain what it is in detail, but since then there are quite large numbers of land in Tenganan has to be given away to the sharecroppers. Each individual has a right to privately possess certain limited land regulated by a new land affairs law. Sharecroppers have been benefited by this regulation a lot. Tenganan is not a populated area and on the other hand we own a quite wide territory. Unfortunately, we also have never appealed against this law, as we initially believed that government would always manage to do right things by us. Since then, there have been numbers of cases related land emerged. Some sharecroppers have expected that they would sell their land to outsiders. Land market has been started in Tenganan, which actually is restricted according to our local perspectives. Some of sharecroppers wanted to sell their land to community members of Tenganan. They realized the meaning of ancestors’ land for us. Thus, they prefer us (either Tenganan community or individual Tenganan community members) to buy it instead of people outside Tenganan. Tenganan adat institution ani I appreciated such of good intention. Unfortunately, neither adat institution nor individual Tenganan could afford the transaction.

Oh Ya??

Yes!! Tenganan’s adat institution had a meeting at that point in time. This institution tried its best to get that land back. Unfortunately, we could not succeed this intention. Finally, the land was auctioned to public. The obstacle in Tenganan is that we are not competitive in comparison with outside land market. Tenganan dwellers are not allowed to sell their land to outsiders. Consequently, if they decide so, land will be only sold and bought among community members. Land financial value is very low, since every dweller has owned enough land, which produces an adequate agricultural crop to live with. Indeed, it causes communities members having less intention to buy and to sell their land. Outside the village on the other hand, land has a high financial value. We are not in a competitive environment. For instance, I am a Tenganan community member and wanting to buy a piece of Tenganan land, which has been owned by an outsider. The transaction is based on outside land market. If in near future I have an intention to sell the land to Tenganan community/community members, I will only have an opportunity to sell it based on Tenganan’s standard land market, which will be much lower than that of the outside value. I even cannot manage to get a similar value with that of the purchasing. Such situation inflicts a financial loss. This obstacle has not been overcome yet. And Tenganan adat institution cannot show a crucial contribution to solve this existing from occurrence. I personally believe that, if adat institution has intention to protect its territory, the institution has to take either organizational or financial actions. Adat institution has to be more sensitive and responsible. I would emphasize our major weakness here in Tenganan is lack of knowledge related to local customs. This statement does not merely apply to common Tenganan dwellers. Some of Tenganan community leaders depict weakness in this matter coincidentally. Thank you! We have to take turn, don’t we? I will let others to express their point of view.

Thank you Pak Sadra. Question one has been answered, and I will move to point two. Who is role of adat institution in relation to land use management in Tenganan Pegeringsingan? I consider that Pak mangku and Map Sadra have given us a brief expression on this matter. Would somebody else like to add more information?

I will say that both Mangku and Pak Sadra have answered this question before. Can we move to the following question?

Sure! Here it is the third point. How is the corporation between desa adat institution and dinas institution in Tenganan Pegeringsingan? Please!

I think that, work coordination between Adat and dinas institution in Tenganan is related with point one and two discussed just now. The whole land in Tenganan is belonged to adat. In actual fact, villagers have their personal land, which is strictly ruled by the adat. I will say that villagers are only symbolic owners. They will not be able to use their land without permission of Tenganan adat board. Adat has a powerful power in our daily life. For example, a villager wants to cut off a tree planted on their private land to build a new building. Before he cut it off, he has to let the adat board inspect the pointed tree. Adat will send three representatives to

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Appendix 3 assess whether the tree is old enough to be cut off. We do this to prevent our dwellers using the tree inappropriately. This action also brings about using the land properly to fill our needs. In our belief our forest always comes first to be protected coincidentally with our cultivated land. These three adat representatives will make the decision. If the decision is “no” the owner has to postpone his plan. This shows that Adat acts as it is the decision maker board as well as the landowner. In most living aspect in Tenganan, Adat possesses very Significant roles. Thus, in regards to coordination between adat and dinas institution I will say that they work together well. in most cases we expect that dinas will have to follow our adat and values, especially those, which sustains our environment in Tenganan. I conclude that the most party involved in land use in Tenagnan is desa adat institution. As Pak Sadra has explained about buying and selling land in Tenagnan….. we are strictly not permitted either to sell the land to outsider or to pawn the land or to give the land away to the outsiders. There will be financial and social fine imposed on wrong doers. We are adhered to this customs. We respect it and obey it. As we experience, coordination between adat and dinas institution in Tenganan is going very well although Adat has a full range of power in land use. This is all I can say about Adat and dinas corporation in Tenganan. Thank you!

Can I say something in relation to Adat and dinas corporation?

Yes, please!

In conjunction with the second question, I do agree with Pak Puja’s point of view. I have no doubt that adat institution has to be given a proper role in managing local land use. Change on political scheme in local level from a scheme focuses on government centered in national level into a governmental system which focuses on local basis must bring about more legal authority for local government. I hope that adat institution will be authorized more opportunity to be involved within development, economic progress as well as land management. As long as local land use system benefits national system, there is no reason for the national government not to support it. Moreover government has to cultivate and nurture the local system, in order to sustain national development started by sustaining locals’. We expect that national government will be able to draw a clear line between local and national issue. Ideally this is the concept…but politically we do not want the outsiders interfere our daily life!!. As I mentioned just now that, there has been an outside intervention since sharecroppers have possessed some land in our region. In actual fact uses of land owned by this group of people has been modified in accordance to their needs without consulting with our adat board. Automatically, this is an intervention, which does not respect our customs even they do not necessarily intend to sell the land. Another example we have here is, there is another sharecropper who owns land, which previously was owned by Tenganan. The new owner wants to cut off three planted there. He consulted with Tenganan adat board before hand. Unfortunately the board did not agree with his intention, as the tree was not ready to be cut off. He refused this judgement and he kept cutting the tree. In response to this reaction, we collected all stems and branches of wood have been cut off, and till now we are still keeping them. Fortunately he did not place this case forward to a legal court. We are worried that Tenganan’s adat will lose the case by the time he places it forward to the legal court. The court will investigate the case and work it out based on legal document owned by both sharecropper and Tenganan. I am sure that, he will win the case, if the land has been legally registered under a land legal certificate. And we are in Tenganan do not have that document. This is a kind of conflict. I come to a conclusion that we have to get ready to face such future possibilities. And do we have to get back the land, which has been given to outsiders? I will say we do!! “How we will do it” is another challenge, isn’t it? What I mean here is, we have expectation that government will do right things by us. We have no idea to system will be applied after the regional autonomy is legally established. Hopefully, the national government in regency level will not interfere local aspect similarly with that has been done for ages, in case that the regional autonomy will only be applied in regency level. We want government also pays more attention on our local concern, especially that of reforestation. Most of scientists, who came here for their research, have believed that we need to motivate Tenganan’s concept in forest conservation. However in fact, our government does not take action at all. They even agree on exploitation done by group of people. These are all for this moment. Thank you!

I think, there is no clear policy in relation to the regional autonomy, is it?

It has been decided! It is coming up to regency level.

I thought it ha not been regulated yet!

Thank you! I am sure others will add more information!

Before I say something, can I please ask some question?

Yes sure!

Do you mean that land use management includes land re-fertilization activities? Enhancing land fertility!

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Appendix 3 Actually, I will not discuss about this issue in my research!

But can I say something about that?

Yes sure!

One of our weakness here in Tenganan is, institutionally we do not have a program restructuring land fertility. But we do have institution in related to policies mentioned before by Pak Mastra and Pak Pudja. Such as: cutting trees off, harvesting the crops and certain fruit and spice trees. No body is permitted to harvest fruits of durian, pangi, tingkih and tehep, unless those fruits have been ripe and found on the ground. In the past we experienced lands, which are critically barren. Such lands exist in Bukit Nyuh Tebel and Bada Budu. Fortunately, reforestation program regulated by the Indonesian’s president helped restructuring those lands. A main intention of the forestation plan is to educate people in rehabilitation of land structure and its fertility. I do belief that in the future we must have planned to intensify such program, as the crops planted rely on the land fertility. Tourism industry introduced in Tenganan has brought about economic benefits in a way. But the industry cannot stand on its own supporting daily life locally. When we neglect our land, I am afraid that harvest gathered would not be enough to cater food consumption level in Tenganan, when we neglect quality level of the land. I also expect that we need to put extra endeavor to gather other resources we have here. This effort then should be followed by potential resources selection activities. Thank you!

Yes please Pak Sadra,

I will say that National government in local level does not pay proper attention on land use. I can give an example a case of land use in Candi Dasa, which is situated in southern part of Tenganan borderline. Numbers of hotels completed with swimming pools, restaurant and other tourism facilities permitted to be built in this area. We learn that water sources uses to support existing of those facilities are originated from Tenganan forest. They have excessively exploited water sources for their own benefit.

Bored well or pumped water sources!

Government on the other hand is not aware on possible side impacts of building permits authorized to investors. It seems that is easy for the government to pass such proposal without a thorough examination on referred plan. Legally, exploitation on under ground water resources is prohibited. In-fact numbers of hotels do so. Government does not take further action on this case. We are in the local level trying our best to protect and conserve the forest, which brings sufficient benefits on availability of the water. This is a case, which shows government policy is not synchronized with the local effort. I personally believe that local customs has broader perspectives in which method nature should be protected than the national government does. In local level desa adat institution experiences challenges in which method such local customs should be socialized among dwellers. I criticize the structure of local desa adat institution system in Tenganan. I notice there is a weakness on election system, which have been practiced since along time ago. It is not based on vote or consensus, but it is merely in accordance to your marriage status/level. Actually it is not too weak! I say so, since we realize that one-day we are going to be part of adat leader, we have to prepare ourself. But in fact I do not observe that we have put efforts on that. I deeply apologize for criticizing our internal affair. Therefore, till the time comes to us to as part of adat leaders, we are not making up our perspective. We are not broadening our point of view. Indeed we are not ready as leader! We are not capable to anticipate the future. This is our weakness, which have to be fixed urgently. We have to learn formally and learn from our experiences and others’ experiences. Let see others. What happen to them. Investors have damaged most of them. Economic gains are only short- term expectation for the locals but they are long-term achievement for investors. Thank you!

Thank you. It seems that our discussion has responded up to question no. 6. We move to the following question. Would you consider that desa adat institution has to be given more opportunity to be involved in land use management in Tenganan?

I need to underline here that in order to anticipate future possibility, participation of local community, which is managed by adat institution has to be enhanced. This concept is even importantly required, since we have been facing a rapid development on the tourism industry. Qualified human resources including those of Adat leaders will make lot differences in progress being achieved. Therefore their capacity and capability is required to be appropriately addressed as main aspect, which has to be broadened. We are competing with the development, aren’t we? I am sure if we lack of qualified human resources, we will be left out. As it was mentioned before that after the land reform policy established by the national government, some Tenganan’s lands have been taken over by sharecroppers. These groups of people are not ruled by same Adat of Tenganan. Afterwards it is a fortunate for them since they can get a legal land certificate mentioning the lands are belonged to them. Consequently, they have an absolute authority to use, to sell or to rent the

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Appendix 3 land. We were once in Tenganan visited by Indonesian minister of land affairs. At that time we proposed the minister to regulate a new policy ruling that sharecroppers who has received land have to obey Tenganan Adat and local policy related. Even the land has been legally delegated to them. So far, we have tried to approach either government or the sharecropper. We are glad that we have been keeping wood, which cut off without respecting the existing of Tenganan’s Adat. In terms of adat, trees have not meet requirements to be cut off. Hence we fought for it. This happened in Tenganan Bukit Kangin. Up to now, they are not permitted to take the wood back. The conflict has not been solved yet! We believe in our adat and customs and we have to be strong and keep our faith. We are ready to even fight with the government. In relation to this therefore, I do agree with the statement that roles of adat institution has to be enhanced. We rely on the competency of national government, but we do also realize that as human being they also have weaknesses. Even numbers of experts and scientists have been supporting their system. For example, there was a leader of Manggis district, who used to approve requests on cutting off trees without preliminary examination on referred proposal. Numbers of people who wanted to get wood from our forest have been rejected by desa adat institution. District leader on the other hand placed approvals on. We took action on it and strongly against the policy maker in district level. In case that districts leader rebel against our local customs, we would not pull ourself back. Supporting leader decision in this case means forest deterioration. I really think that desa adat institution will have to get ready for development. Ready to be participated and to contribute within the existed system. It will bring about desa adat institution as a crucial development agent, who is capable in motivating locals. Qualified human resources are the intention, which will make lot differences within the development. We would not expect that power enable them to change their moral attitude! Another issue, which will be underlined here, is environmental conservation. We have to attach this in to locals’ minds. This is all I can say in this point. Thank you.

Please, enjoy the refreshment served! Thank you.

As I said before that….

Please!

We might not use to analyze social and economical phenomena developed in our society. If we perceive investors being outside enemies, which apparently are easier to be recognized their emergence than those of inside opponent. They are in most case hardly to be detected, aren’t they?

I agree with you!

I will give you an example, which is related to how we use our house yard. Basically it should be designed for housing it is not for art shop. This problem has been encountered since, I was in charge as dinas village leader. The issue of art-shop development in Tenganan has come into an agreement that it is restricted to build art-shop on the area, which is not zoned to be business area. The aim is to keep nature of Tenganan village with its natural beauty. In reality this intention enables us sustaining economic development supported by tourism industry. The only reason for tourists to visit Tenganan is to enjoy local culture and its natural beauty. Why have we never conserved such natural potential resource? Where is our originality? We will not copy something from outside, will we? If we continue doing it so, we will deteriorate our culture and our environment. Don’t be enemy for yourself! I have heard comments from tourists, who used to visit us in past. They told me that “Tenganan is no longer a place with a natural environment, where people are happy as they are”. I could notice unpleasant feeling from their comments. Furthermore the said that, “ Soon this place will be another commercial place as that happens in other places of Bali” They even left Tenganan before walking around. What is a pity. We have to anticipate this occurrence. Desa adat institution as a major motivator has to anticipate such future possibility. Adat institution has major rights in Tenganan, since the area has been ruled by local customs related to spiritual aspect and Tri Hita Kharana (area is catered for religious activities, living area and dump area). Actually, we are in Tenganan do not recognize this terms. We do have similar concept, thus I just borrow this terms from a common Balinese’s reference. If this institution fails doing it so, we will be loosing our land use system. We are disappeared! On the other hand, I do not expect that we will loose chance to gain potential economic benefits raised from local resources. Therefore a system synchronizes both economic and locals concern will enable us to forecast and anticipate future possibilities. Obviously we have to work together, locals with their institution and national government moving towards a new goal. For example, I really presume that government needs to re-plan current spatial arrangement, which is no longer appropriate to regulate present situation, which has moved much faster than it has been planned. The first thing here is, we should not disgrace concept and philosophy of our ancestors. Unless we have clear reasons and argumentation to back up our judgement. In relation to investors, I have an interesting example. When Tenganan was examined to be warded Kalpataru award (a national award given to certain area in Indonesia who has successfully conserve the environment) from Indonesian department of bioenvironmental affairs, there were two examiners come from Germany and Singapore. They asked me, “Let say that there are investors come to Tenganan to invest their money. I see Bukit Kaja has very amazing natural views. I am sure investors will not have any doubt to build a five stars

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Appendix 3 hotel over there. How would you react here?” In replied I said that it will be on the hand of desa adat institution. The only institution that has rights to make decision is Tenganan adat institution. And if I were working for the national government, I will absolutely support desa adat institution's decision. When I was in- charge of dinas village leader, I had never approved such proposal. Then I attended a seminar held in Sanur by non-government organizations and government agencies on “21 strategic tourism areas in Bali”.

I thought there are only 11 strategic tourism areas in Bali?

Was then aware that along Candidasa, Asak, Timbrah, Bungaya till Tirtagangga will be zoned as tourism areas in Karangasem regency. And of Tenganan will be turned up as Golfing areas. As soon as I knew this plan, I stated that I would fight against the plan and against investors indirectly. I did not consider further consequence of this action at all. As Balinese, I am not being racist! Why do we have to accept outsiders, who will create problems to us? We are the one who will suffer the most. Recently, Karangasem regency faces problems with investors who want to develop Tulamben area. Regency leader even points me as provocateur, who has intimidated locals to not sell their land to investors. Investors are united under one flag of PT NHK. I frankly do against locals’ action to sell their land. I will not do so, if they decide it to be rented under certain agreement for periods of time. Investors are welcomed to invest their capital as long as both them and locals bridge a mutual partnership, which advantage both sides. We have to pay a serious attention on this, therefore there would not be opportunities for investors to sell their false promises. They say the hotel management will employ local people the most in order to reduce local unemployment level. Then promise is promise and locals loose their land and now do not have proper source f living. The hotel operation manager does not want to employ locals, since they do not have crucial training related to hotel matters. Why didn’t they prepare and think about this before hand? We are not aware about it! Investors however are very cunning! Bapak Emil Salim, ex bio- environmetal minister of Suharto’s presidential period questioned us, “There might be some tourism accomodation will be built in Tenganan in near future, would it be all right for Tenganan people?” Our answer was “NO”. They would not be allowed to build such facility inside or outside the village. One person has done it successfully, then thousand of others will follow him. Would you imagine how Tenganan will be in the future? I cannot be called Tenganan longer. A new village emerged. Tenganan will be merely a memory. We do not expect these so. What about wastages, polluted substances produced by those accommodation? How we are going to manage it? We are not ready yet! We are not capable enough to overcome such problems. Ha…ha…ha. For the time being, that is all. Thank you!

How do Tenganan dwellers socialize values of adat and the culture? I mean, do you have particular program or plan to regenerate these local philosophies? Pak Sadra has said something in relation to this, haven’t you, Pak Sadra? Or did you refer to any particular program?

Up to now, there is no clear program on this. How ever we do have plan in organizing this matters. Tenganan youth association has shown a strong intention to design a group focused on learning local Adat. We have had a thought on it. This is an urgent need to socialize local values widely among dwellers. So far, I recognize a major problem we have been experiencing is “communication” among local agencies and Adat. Pak Nuja and some other members have proposed to hold more than one meeting in a moth. We are here regularly having one meeting in a month, which seems being not enough. I think this is a good idea for us to have more opportunities to share out knowledge, to know each other and to learn more. As a member of a non-government agency, I will start to approach locals. Our social situation recently is a bit touchy, since Indonesia is politically unstable. Most cases become more sensitive. We are planning to hold a workshop on related matters. It might be held on the 24th of February this year. Unfortunately, we have not clarified the agenda yet. We have had a team to prioritize the issue in accordance to its urgency. We are eager to organize this workshop soon. I completely understand characteristic of common community in Bali. They just cannot see consequences are going to be faced after an immediate decision. For instance is in the case of Tulamben. The minute they heard that investors will come and built new resort, locals have been told to sell their land to investors. Since they do not know much about economy and lost which they might face in the future, they feel free to carry on with land transaction and receive some amount of money. Is that a right decision? They absolutely know nothing about it! They do not have capacity on money management. I am sure that most of the money will be pawned on cockfighting games. It will not take long for them to end up with nothing. We need to respond such situation. Otherwise we will be marginal community, which create more serious social problem. These are our plans. We will keep approaching desa adat institution with a hope that we are going to corporate an integrated goal. I am sure Adat will be able to understand our position. This is a preliminary setting. Thank you.

Yes please!

It seems that our discussion is getting more interesting. Every question is related each other. When we answer point 8 or 9, we always wants to go back to previous points. They are intertwined each other.

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Appendix 3 This is very interesting topic. And this is the first time in Tenganan that a research conducted in this method. This method provides us more opportunities to voice our point of views. And it is more communicative method, I will say. I have stated before that, capabilities of local agencies have to be improved. Must be improved! Hence, in general we have a pertinent customs (Adat), which has been developed years and years ago and suits the present environment, such as forest conservation method. The only thing that we have to enhance the capacity of the human resource. Often I find that some of us do not have a relevant comprehension on what customs (Adat) is about. They presume that adat/local customs is out of dated policy. If it is so means it is no longer appropriate to control us current and future existing. In fact, the minister of bio-environment has admired us and he has place respect on our local customs, which strictly control land and forest. We have won some on it. The last one was.....

Environmental conservation Pak Nuja

And we are also proposed to be given another award….

Kalpataru award has been awarded to Tenganan last time! These are our potential resources and capacity, which have to be comprehended and need to be enhanced. We might say our customs as an out of date policy since we are not having a proper understanding on it. This is a great job of our ancestors. The crucial thing we better do now is enhancing the capacity of our local agencies, our community members. I believe that in most cases we do not understand what a good policy for us. We are proud of being part of Tenganan community, as we are the only village in Bali, which does not allow its members to sell, to pawn and to give the land away to outsiders. We are adhered with this local restrain. Once we are attracted by money offered by investors…we are lost. Everything will be gone immediately. We will defend our customs forever and ever. For investors, ..one billion…two billion …twenty billion is nothing, compared to regular financial profit they earn from the money they have invested. If they want they even can buy the whole Bali island!! In relation to point: Will the investors be selected? This point come about as investors have a not good image, don’t they? Especially in Bali! Wherever investors are, there are destructions! I wish that there were not all of them having same attitude. As Pak Sadra has explained just now…why we have to refuse investors who want to invest their capital in Tenganan in order to strengthen our local values. They are most welcomed. As long as they concern our local customs..they will be all right. Respect our land, guarantee our forest….yes why we do not consider it! If we just reject them without assessment, I believe is not an a proper action. We will miss an opportunity. We will not learn. We have been intimidated by negative images of investors in that case. The existing of investor in certain area will be coincidentally followed by deterioration, either culturally or environmentally. Ha…ha…ha…ha. Thus every investor comes to Tenganan will have to pass a tight selection process. We cannot deny that, we do not expect to be left out by advances, we have to be in certain level in a certain period. Our capacity however is very..very limited. As it was said in the beginning of the discussion that, we even couldn’t afford to buy our land back, which was given to sharecroppers. It is nothing wrong for us to select the investor. And there is always something wrong to show ignorance without any effort to assess them. We even can consult with national government in higher level, if it is necessary to do so. Or we can invite an expert to advise us. I hope that they are willing to assist and help us with related matters. And ther is always chances for us to speak with people in the universities in Bali or even in Indonesia. They must have known much more that we have here. The core issue is conservation. Once again, we should not have any doubt on relevancy of our customs (local adat). It is fairly relevant to rule the current circumstances in Tenganan. I take an example of development in Candi Dasa, one of our neighboring villages. After fifteen years, previous landowners do not longer owned either land or money. …Everything has gone…land has been sold….the money has been gone…eaten by cocks. Ha…ha..ha. If in Tenganan we are not regulated by a strict customs…I am sure we end up in the same situation or it might be even worst that they are now.

May be…

Yes..should be!!

Yes the same existing can happen here too!

We are better of not having money, as long as we keep our ancestors’ land. We keep our faith in obeying our local customs (Adat). That is prohibition to sell land belonged to our ancestors. Yes that is all from me. Thank you.

Can I say something in addition?

Hold on please, before we go any further…what about if land is rented to outsiders?

Rented for what purposes?…we are considering wastage and pollutant , which might be produced by new functions built on the land. It is clear enough for us that investors come to Tenganan are orientated on financial benefits.

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Appendix 3 If they are coming to conserve the forest, to protect our land, to re-fertilize our land…they are invited to…and they are mot wanted investors. Welcome to Tenganan Pegeringsingan. Thank you!

Yes please Pak Mangku!

Thank you. We have pointed out the main problem is the capacity of our human resources. We have decided to design a new map of Tenganan territory. We did so, when we started to work out our land use problems in Tenganan with KSM. We then began to plan our plan to promote locals’ participation. I will say that without local involvement there is no plan will be completed successfully. We might have missed this point in our discussion. I am thinking to involve the Tenganan youth association on mapping activities. This given opportunity will enable them to learn more about their territory. Therefore they will have chance to be familiar with area listed on ancient inscription on Tenganan land, dated in 1841. As I am representing old generation of Tenganan, I pay more attention on young generation. They are going to be the group who will responsible in sustaining the culture of Tenganan. In-fact I find that, their involvements have declined, since they are more interested in things come from outside. I notice that concept of “parahyangan”, “Palemahan” and “Pawongan”, which are conceived as “Tri Hita Kharana” has inspired our philosophy in Tenganan. Our ancestors considered this concept in the system of land use. Our young generation has to know about this concept and we need to educate them. When the time come to them. They are ready to take over us. I am sure, whatever matters have been discussed just now, it would not mean a lot, unless the involvement of the youth is being engaged in. The sooner we realize and start to do something on it, the better our future will be. That is all from me. Thank you!

Please Pak Sadra,

I might have been having too much curiosity. I guess! Economically, we have started to follow a system, as though we are in under a capitalist country. Consumerism has been developed in our society. Advancement in communication system, transportation has brought about a rapid distribution of information. I am wondering, whether this existing called globalization? On television screen we can watch advertisements, which want to sell their products to the audience. At the end this media has been successfully affect our way of thinking…. people all over the world actually! Without realizing it….. our thought has been turned into a consumerism. Who we can get as much as possible, use as much as we are able to, and all sort of things, which are aimed to enjoy life more than ever. Thus the philosophical concept that was conceived by our ancestors is gradually forgotten. I can clearly see an example here. We have shown our best in agricultural sector since years and years. And the land here is so fertile and generous to us. Then just suddenly such productive land should be turned up into golfing area for economic reason proposed by some group of investors. Would the new function be able to sustain local’s economic? It is a very hard question, isn’t it? They use us, who are economically not well educated. When we see advertisements on TV, we just want to follow what they are doing in different part of the world. If we do not, we are out of dated person. And it is happening in most places!. Communication and technology are very powerful. I know some women in a village work so hard in order to buy a lipstick and shampoo. They will not feel good being not had one. Ha…ha…ha. The reason for me to say this is, I want to say how our concept of life has rapidly changed by the advancement, which basically is brought by development itself. Moreover, we are not community, who can follow whatever outsiders are doing. We have to be familiar with ourself before we decide to move to another world. Otherwise we will get lost somewhere. I need to prepare ourself for any future possibility. Our local concept is a sustainable concept, which is grounded by a sustained spiritual concern. Academic people tend to have a look at this concept as reference to conceive the future. The group with more financial power in hand prefers to ignore the existing of locals value, since those values do not coincide economic benefits aimed for. This conflict is hardly to be synchronized. Government’s interference indeed will contribute a method in which method both locals’ and investors’ goals are going to be integrated. This is a crucial management function of government in decision-making and control. If government fails to do so, there would more opportunities for us to experience unbalance development. Locals lose their characteristic. Investors gained their business image. Locals lose their belongings and investors gained more economic benefits. Finally, gap between poor and rich are broadened. Government has failed to bridge the gap. Thank you

We have discussed all questions listed. I gratefully thank Bapak Mangku, Bapak Lurah, Bapak Ketua LKMD, village leaders of Tenganan and Tenganan villagers for your participation. I apologize to any inconveniences. Once again thank you!

We have gone through the discussion this evening. I thank you all for your kind assistance and effort. Your participation is greatly appreciated. The issues and information raised within this discussion will be major data that I am going to analyze within the next stage of the research. I myself hope that indeed this research will be able to clarify capacity of adat institution in land use management in Bali.

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Appendix 3 There are apparently two possibilities emerged, will be appropriately participated; will not be appropriately participated in managing the land use change. When I finish this research, I will send a copy of my thesis to Tenganan community. At the end, please accept my apology for mistakes and any inconveniences. Thank you. Before we finish the discussion please let me great you all with “Om Canti Canti Canti Om”

Thank you!.

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Appendix 3