Research Article: 2020 Vol: 24 Issue: 5
I Wayan Rideng, Warmadewa University, Denpasar-Bali
I Nyoman Putu Budiartha, Warmadewa University, Denpasar-Bali
I Nyoman Sukandia, Warmadewa University, Denpasar-Bali
The attractiveness of the locality becomes strategic and important in the midst of tourism development has become an industry capable of supporting national development. The era of globalization is the reason for the revival of cultural identity and local wisdom in various parts of the world. Moreover, the development of Bali relies on the tourism sector. The fame of Bali tourism at domestic and international levels, which promotes cultural tourism is very likely to reap the impact of globalization. Therefore, the existence of Customary Village which has its own culture and local wisdom, at least could minimize the impact of globalization. Culture and local wisdom become one of the strategy choices in anticipating the bad consequences of globalization and even become a culture counter of mass culture domination which is owned by developed countries. The strategic value of culture and local wisdom has provided an innovative inspiration to develop the potential of locality and tourism development in Bali. Therefore, the development of tourism in Bali should not marginalize the culture and local spirit. Thus, the development of tourism in Bali in line with the existence of Customary Villages that own culture and spirit of human together with their creativity, taste and intention and local wisdom which strongly attached are able to maintain a harmonious relationship in the life of indigenous people in Bali.
Tourism, Customary Village, Culture and Local Wisdom.
The development of tourism recently has become a growing industry which grows rapidly today. The existence of tourism development today is considered increasingly important to support national development. Various countries develop tour packages in an effort to increase foreign exchange. Indonesia, which has various advantages in the field of tourism, also does not want to be left behind compared with other countries. Various patterns of policy and regulations in the form of legislation are formulated to support tourism programs. Even the promotion of tourist visiting every year to Indonesia is introduced intensively to various countries. For most famous tourist areas, the island of Bali is one of tourist destination that is well known among tourists, both domestic and foreign countries. Among tourists, this tourist area is known for various slogans of Bali's tourism exotic (Pitana & Gayatri, 2005). It has a unique, exotic, and amazing panorama. So it is not surprising that the island of Bali is awarded as the best tourist spot in the world. Even the leaders and world leaders, such as; King of Saudi Arabia with the royal family, Barack Obama, the former President of the United States and Malaysian Prime Minister who include his family members to have vacation in Bali.
The major potential of tourism and the interest of tourist to visit Indonesia, including Bali had encouraged the government and local governments to improve the facilities and infrastructure of tourism management. Various policy and regulation packages have been formulated and enforced to be applied as reference in conducting of tourism. So that the wealth of natural resources and the various cultures which Indonesia has needs to be protected and requires conservation efforts in order to become a tourist attraction that can attract the number of tourist to visit, both domestic and foreign countries.
The effort to accelerate the realization of the welfare of the community which is the responsibility of the government had been pursued through improving services, empowerment, and community participation and enhancement of regional competitiveness by taking into account the principles of democracy, equity, justice and privilege. Meanwhile, for the specificity of a region in the system of the Republic of Indonesia is given the widest authority in the region accompanied by the granting of the rights and obligations to organize regional autonomy in the unity of the system of state governance.
Nowadays, the implementation of regional development that is carried out exhibits some progresses in various areas of community life. The result of various advances in community life has been achieved, however, in the dynamics of life and the rapid flow of globalization has implications to bring new impacts, challenges and problems. Regarding with this matter, it is required anticipation and strategic steps in overcoming it.
The existence of Balinese culture is one part of the unified culture of the archipelago with a distinctive identity. That Identity is a physical knit, institutional, and local style, integrated with belief systems, community, and philosophy. Universal values, such as harmony, religion, appreciation of esthetics, solidarity, and balance are the hallmarks of Balinese culture supported by its Hindu-Buddhist population. The introduction of strong spiritual concepts makes Balinese culture unique and famous throughout the world.
Culture is part of Balinese life. Thus Balinese culture becomes the most dominant attraction in the development of Bali tourism. These conditions can be realized because the people of Bali always introduce, utilize, preserve, and improve the quality of tourist objects and attractions, maintaining the norms and values of culture, religion, and nature of Bali. Therefore, the island of Bali is always identical with the culture of customary funds owned by the community. One of the main buffers of Balinese culture, that is Customary Village, formerly called custom village which is customary law society.
The legitimacy of the Customary Village is juridically recognized pursuant to the constitution, formulated based on Article 18 B Paragraph (2) of the 1945 Constitution of the Unitary State of the Republic of Indonesia which states;
“States recognize and respect customary law community units and their traditional rights as long as they are alive and in accordance with the development of society and the principle of the Unitary State of the Republic of Indonesia, which regulated in act”
In this regard, the existence of Customary Village and its traditional rights are recognized and respected by the state, such as creating customary law (awig-awig), organizing self-government and solving legal problems that occur in its territory, in the form of disputes and customary violations (Sudantra, 2008; Suastawa, 2001; Thoyibbi, 2003). On the other hand, according to Provincial Regulation No. 3 of 2001 on Customary Village, it is mentioned :
“"The Customary Village is a unit of customary law community in Bali Province which has a unity of tradition and manners of social life of Hindu people hereditary in the bonds of three principles temple of the villagers which has certain territory and their own property and have the right to take care of their own household".
Based on the definition, essentially Customary Village has 2 (two) functions, namely the function of culture and economy. The function of culture means the function of maintenance and cultural development. While economic function is the function of maintenance and development of culture. In this connection is closely related to the management of property owned by Customary Village that includes the management of tourism which available in the environment.
This type of research is normative research, which is a study that examines the law conceptualized as a norm or rule that applies in society, and serves as a reference for everyone's behavior. In connection with the problem approach using the statutory approach and the conceptual approach. The use of the statutory approach and conceptual approach is based on the consideration that the legal material obtained in the approach will begin and an inventory of legal understanding can be made in the discovery of concepts and the meaning of the text as a starting point for the problem approach. Furthermore, it is analyzed with a frame of thinking directed to arrive at a clear description. Legal analysis is done by using interpretations (interpretations) of law in accordance with the type of normative legal research.
Customary Village in Bali
In the Dutch colonial era, the regulation of indigenous and tribal peoples was established in Staatblaad 1996, No. 83 on IGO (InlandschaGementeOrdonantie Java en Madura), and Staatblaad 1938 Number 40 regarding IGOB (Inlandscha Gemente Ordonantie Buiten Gewesten). Then it no longer applies to the issuance of Act Number 19 of 1965 on the Principles of Regional Government (Windia, 2004). Then in the implementation in Bali in terms of some terms that have a relationship with the existence of the Customary Village, namely: sime (local rule), dresta (habituarulel), lekita, paswara, awig-awig (customary law), karaman, or krama and thani (Surpha, 2002).
The history regarding to the kingdom that the emerging power of Majapahit kingdoms in Bali in the 14th century in which the villages in Bali were influenced. From this influence, then the village community system moves or evolves toward a more dynamic and meets the rules of the kingdom. So at first the villages in Bali began to make adjustments. But next, being colonized by the newly arrived ruler, the resistance was undertaken eventually but still can be solved.
Furthermore, the source of Customary Village formation in Bali, one of which was found in the palm manuscript Markendya Purana. That matter is always associated with the formation of the Customary Village its existence in association with the three principle temples of the village.
Regarding the property owned by Customary Village called druwe or druwen (village belonging) and (word druwe means own or wealth). Customary property of Customary Village can be in the form of material and immaterial (social religious) treasure. It shows the existence of religious and communal characteristic. (Sirtha, 2008). In relation to the existence of customary land, it is not private property though the customary land is utilized for living of the society. Thus, the existence of customary land coincides with the emergence of communion or at least somewhat the existence of communion of customary land (Suasthawa Darmayuda, 2001).
Then in relation to the Customary Village autonomy, is associated with the right to hold its own household. This is very different when associated with the issuance of Act No. 5 of 1979 on Village Governance as currently published Act No. 6 of 2014 on the Village. The intended provision, as defined in Article 1 number (4) of Regional Regulation of Bali Province Number 3 Year 2001 concerning Customary Village.
Cultural Element and Local Wisdom
The fast growth of communication and information technology recognized or not, has increased the flow of capital, investment, and service goods from one country to another. Especially from developed countries to developing countries in general. This infinite world era is known for globalization. It is not surprising that globalization is a form of imperialism in the new form is not entirely wrong. Therefore sooner or later, it will be inevitable by the development of globalization. Result of influence will certainly have a positive and negative impact. The increasing number of violence and terror caused by the perpetrators who are inspired by the influence of science and technology progress. Therefore, it is necessary to formulate anticipatory steps so that the impact can be minimized and even become culture counter against the dominance of mass culture owned by developed countries. If anticipation is not undertaken, it would have a big effect on the mindset and "culture" of our society.
The attractiveness of cultural elements and local wisdom as the basis for the development of a global culture can be detailed on the following grounds: a). the cultural strategy's perspective, with the increasing influence of globalization, has reduced national cultural values. Local culture has the potential and role as counter culture for the dominance of global culture that considered as the myth is inevitable (Fakih, 2003). Local cultural treasures can be a source of local nurseries, as one source of critical attitude to globalization. It happens that in an increasingly homogeneous society the lifestyle of a society due to its moderation, the stronger the dependence of society on deeper values such as; Religion and art. While the outside world grows more and more homogeneous as a result of globalization, people increasingly appreciate the traditions that spring from within. The emergence of a new trend of lifestyle rooted in traditional art is a positive indication of the rise of local values in people's lives. Traditional art that still survive until now and still maintained by the people of Bali has a very high cultural value. b) decentralized perspective or local autonomy, that the regions can explore, develop and preserve local cultures as social and cultural capital of local community development (Thoyibi, 2004). Provincial Government of Bali in an effort to strengthen the culture and custom.
In order to strengthen the implementation of Tri Hita Karana culture is the life philosophy of Balinese society which contains three elements that build balance and harmony of relationship between human with God, human with human, and human being with its environment which become the source of prosperity, peace, and happiness for human life. In an effort to support this expectation, the Bali Provincial Government issued the Regulation No. 2 of 2012 on Balinese Culture Tourism. In the provision, among others, regulate on Bali Cultural Tourism is the tourism of Bali is based on the Culture of Bali is imbued by the teachings of Hinduism and the philosophy of Tri Hita Karana as the main potential by using tourism as a vehicle for actualization, resulting in a dynamic interrelationship between tourism And cultures that make them grow synergistically, harmoniously and sustainably to provide prosperity to society, cultural and environmental sustainability. The concept of Tri Hita Karana is the Balinese philosophy of life which contains 3 (three) elements that build the balance and harmony of the relationship between man and God, man with man, and man with his environment which is the source of prosperity, peace, and happiness for human life.
Many potential owned by Customary Village in supporting tourism in Bali. Among others are ; First, the structure of the settled community pattern in rural areas based on the concept of Tri Hita Karana, so that displays its own distinctive and unique style in the system of community life in Bali. Secondly, according to the socio-religious character of society in Bali that the activities of Hindu religious ceremonies is realized in everyday life. Thirdly, Customary Village besides exudes Hindu Religion values, it is also a center for Balinese culture. Fourth, from the beginning the atmosphere of community life in the Customary Village is safe and peaceful.
The diversity that comes from customs, culture and religion in Balinese society can go hand in hand in harmony to form a local identity that inspires the life and interaction of fellow society that is in one region, namely the area of Customary Village. Nevertheless, the rise of local culture does not mean a complete comeback to past traditions and to the realities of the ever-changing realm. According to Gidden (2001) what most are considered as tradition in the present, has passed the time by adjusting to new developments. This means that past cultures can be revitalized to strengthen the identity of a community or social group, even if the culture is no longer genuine as the culture is alive and understood in the past. Then it can also be interpreted that the development of knowledge and human experience of cultural support will be able to support the existence of a culture that gives beauty and noble (noble value) and reduce the values artificial or not so deep that there is a culture that appears artificial and will survive for a moment. Any natural tourist destination though often cannot maintain "authenticity", the place is due to change and new product addition in accordance with the efforts of the entrepreneurs who commercialize the tour thus destroying the value of noble (fair) and even the beauty of nature. Therefore it is necessary to think that the development of tourism does not change the authenticity of tourism objects and human behavior in it.
The concept of tourism developed in Bali not only pay attention on the basic philosophy that is used but it also means to promote cultural factors both as a tourist attraction and as a tourism business actor. In this case it is to give function to institutions that grow on the basis of Balinese culture.
Some of the potential of Customary Village in which there is culture and local wisdom is very supportive in the development of tourism in Bali. Even become a potential strengthening tendency of tourism potential in the future. The rapid influence of globalization has not been able to undermine the strength of the Customary Village in maintaining the existence of a noble culture. Even the culture and local wisdom become one of cultural strategy choice to minimize the impact of globalization even become culture of domination of mass culture dominated by developed countries. Thus, the sustainability of Balinese tourism development always remains steady, in line with the existence of the Customary Village that can become a bulwark against the increasing influence of globalization that has reduced the values of national culture.