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Alliances and Contestations in the Legal Production of Space: The Case of Bali

Alliances and Contestations in the Legal Production of Space: The Case of Bali Abstract The controversy over the provincial spatial planning regulation for Bali Province reflects the dynamic of Balinese society in the era of regional autonomy. The dynamic is polarised between expanding the tourism and real estate industry for economic reasons and constraining such expansion for the sake of protecting Bali’s environment and culture. Thus, the law governing space becomes an essential means to intervene in crafting the relations between competing interests over space. The application of the law itself is also complicated by the condition of legal pluralism which provides different and sometimes conflicting sources of legality to be used to justify the interests of legal actors. This article aims at highlighting how space is produced in a pluralistic legal setting and examining whose interests are served by the condition of legal pluralism in contemporary Bali. Employing socio-legal methods with Lefebvre’s conception of space and legal pluralism as an integrating analytical framework, the article contributes to the literature on spatial planning law in Indonesia that is dominated by “legal centralism” and a given notion of space. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian Journal of Comparative Law de Gruyter

Alliances and Contestations in the Legal Production of Space: The Case of Bali

Asian Journal of Comparative Law , Volume 9 (1) – Jan 1, 2014

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Publisher
de Gruyter
Copyright
Copyright © 2014 by the
ISSN
2194-6078
eISSN
1932-0205
DOI
10.1515/asjcl-2014-0030
Publisher site
See Article on Publisher Site

Abstract

Abstract The controversy over the provincial spatial planning regulation for Bali Province reflects the dynamic of Balinese society in the era of regional autonomy. The dynamic is polarised between expanding the tourism and real estate industry for economic reasons and constraining such expansion for the sake of protecting Bali’s environment and culture. Thus, the law governing space becomes an essential means to intervene in crafting the relations between competing interests over space. The application of the law itself is also complicated by the condition of legal pluralism which provides different and sometimes conflicting sources of legality to be used to justify the interests of legal actors. This article aims at highlighting how space is produced in a pluralistic legal setting and examining whose interests are served by the condition of legal pluralism in contemporary Bali. Employing socio-legal methods with Lefebvre’s conception of space and legal pluralism as an integrating analytical framework, the article contributes to the literature on spatial planning law in Indonesia that is dominated by “legal centralism” and a given notion of space.

Journal

Asian Journal of Comparative Lawde Gruyter

Published: Jan 1, 2014

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