THK in Daily Life (8)
In Terms of Legal Perspective

In previous articles, it was shown as ‘a legal base’ as a binding agent for the application of the concept Tri Hita Karana (THK) in the environment of the hotel business in Bali. The legal base referred to is Peraturan Daerah (Perda) or Regional Regulation No.3/1991 (revision of Perda No.3/1974) on Cultural Tourism that includes explicitly (firmly) the concept of THK as the legal base.

Beside Perda No.3/1991, there are two other bases namely Perda No.4/1996 and Perda No.16/2002 that strengthen the binding agent in applying the concepts of THK in the implementation of daily tourism business, including hotels in Bali. Perda No.4/1996 controls the Regional Site Master Plan (RUTRW) of Bali Province and Perda No.16/2002 pertains to the Strategic Plan (Renstra) of Bali Development 2002-2005.
Firstly, the installment of THK as a basis of Cultural Tourism development based on Perda No.3/1991 does not only bind legally, but also morally. It’s called ‘moral binding’ since THK constitutes philosophy and concepts of the Balinese People (Hindu) that has become a phenomenon and cultural reality. It’s worth bearing in mind that when it reaches ‘cultural reality’ it means to have universal and inclusive characteristics. That’s why if there is an individual person or group of persons who live, and earn their livings in Bali, but neglect the life philosophy and concept that has become a cultural phenomenon, Balinese people as the owners of this philosophy and proponents of Balinese culture that has become the main asset of Cultural Tourism development, practically feel uneasy. The feeling of ‘uneasiness’ is usually materialized into moral sanction.
It means, every tourism businessmen who neglects the application of THK in managing his daily duties in Bali, except for imposed sanctions based on Perda and other legal regulations by the institution of law, the local community will impose moral sanctions. Please note, the term ‘moral sanction’— even though it is not materialized in fines or corporal punishment – sometimes is far more grieving and painful than a fine or imprisonment. Since, moral sanction is constant and not only ‘sentenced’ to the outlaw comes to involve his children-grandchildren. It may involve soroh (clan), even ethnic and skin color.
The clash and disputes that are getting sharper recently have indicated that moral sanction of Balinese people has been more strongly imposed in the development of the tourism sector and tourism businessmen. For example, when there was flattery to tourism, it was immediately responded with blasphemy, praise is opposed with mockery and the like. When many people said that tourism development promised economic prosperity for Balinese people on the one hand, people spontaneously screamed and said that tourism is a potential to create misfortune for the future of Bali, and Balinese people. Another example is when in 1998 the Governor Dewa Beratha ‘humbly begged’ demonstrators to cancel blocking the Ngurah Rai airport as it could threaten the continuity of Bali tourism, what was their response? They shouted loudly, ‘let tourism die, after all, those fatty bellies are only the hotel’s owners, travel agent and its allies.
Secondly, the concept of balance and harmony among economic goals, cultural preservation and the environment is underscored in Perda No.16/2002, has been presumably much diverged. People consider the ideas and slogan ‘Tourism for Bali, not Bali for tourism’ has abruptly diverged for so long. So, according to the Dean of Faculty of Letters and professor at Udayana University (Unud) Prof. Dr. Wayan Ardika in his book Pariwisata Budaya Berkelanjutan: Refleksi dan Harapan di Tengah Perkembangan Global (Sustainable Cultural Tourism: Reflection and Expectation within Global Development), it tends to create imbalance and disharmony.
And it does not prepare Balinese people to be the main players of the tourism business in Bali, either. Just as it created exploitation and commercialization that caused the damage of physical environment and cultural degradation. Meanwhile, Balinese people who constitute the main proponent of Balinese culture are getting more marginalized and flung away from the tourism stage.
One of the lecturers at the Faculty of Economics, Unud Dr. Erawan, named Bali tourism as the ‘locomotive of development’. Because, according to him, tourism has mutual relationships to 15 development sectors, such as agriculture and small-scale industry, trade, finance, transportation to name just a few. It means, ups and downs of the tourism growth will also affect – push forward or pull backward – the 15 development sectors, from headwater to downstream.
Such opinion was not free from impact. Proved, tourism was put on the priority sector in the development of Bali –the same position as agriculture and small-scale industry – they, after all, threatened one another, and went backwards simultaneously. The former rector of Udayana University Prof. Dr. Ir. Sutawan said that in the course of the last 10 years, farming land in Bali was already converted (change function) to non-farming at an average of 1,000 hectares per year due to tourism development. Extremely funny, that this locomotive that should pull the railway coach, in Bali threatens to destroy, instead.
Thirdly, in relation to the control and arrangement of Bali sites as mentioned in Perda No.4/1996 as if it had lost its importance, as its detailed plan has not been available yet so violations happened everywhere. These violations automatically annoyed the physical space (ecology), culture, esthetic and spiritual of Bali. Its impact toward tourism is extremely bad. People have often shouted and put moral sanction –- is it intended for tourism businessmen or the public policy holder (government) – that was followed by some socio-cultural conflicts. As its name ‘socio-cultural conflict’ implies, its impact is on security and public order becomes unstable, so it scores bad sap on the body of tourism. (BTN/B. Ashrama)