The Legal Framework for Tourism and Indigenous Land Rights: A Critical Look at Indonesia’s Tourism Law and Its Social Impact

Abstract

Indonesia’s tourism industry is rapidly expanding, often at the expense of indigenous land rights. This paper critically evaluates the interaction between Indonesian tourism law and the protection of indigenous land rights, focusing on how legal and policy frameworks fail to adequately safeguard the interests of local communities. Drawing from case studies in Bali, Papua, and other indigenous territories, this study identifies key legal and social barriers that hinder land justice. The paper investigates the role of national tourism policies, local government actions, and foreign investment in the displacement of indigenous populations and the loss of traditional land tenure systems. Through a legal analysis of the regulatory framework, the paper discusses the gaps in protection and the implications for indigenous communities' cultural and economic survival. The research advocates for reforms in tourism law to ensure that indigenous land rights are respected and that tourism development is aligned with the principles of social justice.