Legal Implications of Local Government Authority in Granting Land Utilization of Coastal Area for Tourism

DOI

10.2991/978-2-38476-356-6_26How to use a DOI?

Keywords

Authority; Coastal Land; Legal Implication

Abstract

There is a conflict of norms and the need for discussion on: 1) Regulations on granting permits for the utilization of coastal areas as tourism businesses by local governments and 2) The implications of regulating the granting of permits for the utilization of coastal areas by the Local Provincial Government based on the Job Creation Law. The method used is normative legal research. By applying statute approach and comparative law approach. The result for this research is the regulation of the granting of permits for the use of coastal areas as tourism businesses by the local government is basically an authority in the exercise of autonomous rights. In Law No. 1 Year 2014, which states in The Government and Local Governments are required to assist in the issuance of location licenses and management permits, according to Article 20 Paragraph 1. This is based on the fact that the State and the Constitution provide a legal basis for local governments to manage resources in coastal areas within their jurisdiction. However, the Job Creation Act states that “any person who uses the area of the coastal waters referred to in paragraph (1) shall be obliged to obtain from the central government a business license for use at sea”. The clause “local government” is clearly excluded from the power to grant business licenses. Therefore, the Constitution overrides the authority of the local government. Then, in Article 50 of the Job Creation Law, the local government is given the power to revoke business licenses. This shows the disharmony of authority after the enactment of the Job Creation Law, which can lead to conflict of norms and legal uncertainty.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - I Wayan Rideng
AU  - Ketut Kasta Arya Wijaya
AU  - Kadek Nadya Pramita Sari
PY  - 2025
DA  - 2025/02/11
TI  - Legal Implications of Local Government Authority in Granting Land Utilization of Coastal Area for Tourism
BT  - Proceedings of the 2nd International Conference Changing of Business Law (ICOCLB 2024)
PB  - Atlantis Press
SP  - 221
EP  - 226
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-356-6_26
DO  - 10.2991/978-2-38476-356-6_26
ID  - Rideng2025
ER  -