PEMBANGUNAN HUKUM LINGKUNGAN BERBASIS KEARIFAN LOKAL SEBAGAI UPAYA PENANGGULANGAN KERUSAKAN LINGKUNGAN DI PROVINSI BALI

Abstract

The importance of environmental law as an instrument to regulate environmental protection and management to meet the needs of the present and wather subsistence the need of future generation by keeping environmental conservation are the efforts to realize sustainable development. Therefore, in the several environmental laws coming from center and regional governments implementation into the permit of environmental exploitation, particularly to forest areas and water resources, tend not integrated inter-institutions into the permit take in regional and functioned as an instrument of environmental control for investment purposes in the pursuit of economic growth, and with no consideration environmental conservation based on local wisdoms. Thus, the implications of the licensing were not applied effectively and it caused the resistant attitudes from the governor and indigenous people of Bali who worried environmental conditions, particularly in forest and water resources, which experienced degradation and pollution as well as tarnishing the trust of the indigenous people who are magical-religious to the environments arranged as sacred areas. Based on the description of these problems, this study used post-positivism paradigm with the type of legal research within the domain of socio legal research, that is, a legal research conceiving law as norms as well as attitudes including; (1) studying the effectiveness of regulations that come from central and local government in the permitting that serves as an instrument of protection and environmental management in the areas of forest and water resources in Bali, (2) studying local wisdoms as a reflection of cultural values living in the society which is seen to have an important role in the arrangement of the natural environment in Bali, (3) formulating a model of environmental law structure based on local wisdoms that apply in general in Bali. The knife analysis used in this study were; The theory of Legal System, The Theory of The Operation of Law in Society, Structural Functional Theory, The Environmental Ethics, and The Theory of Law and Power Relationship on the emphasis on responsive law and the concept of Legal Pluralism. The examination of data used qualitative research, and the research was located in Bali. The conclusion of the research findings are; (1) the regulations implemented in the permit of environmental exploitations to the investation had caused environmental degradation because they were functioned as the instrument to pursue economic growth which was not based on local wisdoms as environmental orders, (2) local wisdoms as the reflection of cultural values living in the society have the important and effective roles as the environmental order in Bali, and (3) The model of environmental law development in Bali integrates local wisdoms into positive law the construction into regional regulations of environmental. Through the environmental law development based on local wisdoms in the form of regional regulations in Bali is expected as a responsive legal reform in efforts to cope with environmental damage towards environmental conservation as the welfare sources of the society. Keywords : Environmental Degradation, Local Wisdom, Environmental Law Development