Subak Landscape Management as a Justice and Welfare Oriented World Cultural Heritage

Abstract

This study aims to examine and analyze the juridical problems in the subak landscape management as a world cultural heritage. The juridical problems are related to the selection of subak landscape as a World Cultural Heritage. The conflicts are related to the regulations found in the Regional Government Regulation, Act on Cultural Heritage and Bali Governor’s Regulations Number 32 Year 2010. There are philosophical problems which are related to the stipulation of subak landscape as a world cultural heritage. There are also juridical problems which are related to the juridical foundation, specifically the one set forth in the Regional Government Law. It regulates that this world heritage is managed by the central government. This will lead to negligence particularly over the aspects of philosophical values ​​of Tri Hita Karana. UNESCO has confirmed that the foundation of subak is the philosophical values ​​of Tri Hita Karana. However, philosophical and juridical problems surely have impacts on sociological problems and in the end they will have impacts on the aspects of justice and welfare of subak community. Even though Tri Hita Karana has been clearly stated as the foundation of subak, it seems that there is a sociological imbalance because the people feel that they no longer freely manage their lands that they have inherited from their ancestors. The appointment of subak landscape as a world cultural heritage gives benefits, but surely with challenges and threats, to the farmers. They have two choices all of which do not accommodate their interests, they have to either defend their fields or give up their rights to their rice fields. This study investigates legal norms aspect of this matter and therefore, it is classified into normative legal study. The norms that are the objects of the study include the constitution, laws, government regulations, regional regulations, and others. The approaches used in this study are statute approach and conceptual approach so as to know the consistency and accordance of one law with another law or one law with the Constitution.

Keywords: Harmonization of law, Regulation, Customary community rights, Natural resources