A State of Breaking the Law Caused by Abration: A Research in Jembrana Regency

DOI

10.2991/978-2-38476-180-7_160How to use a DOI?

Keywords

Beach Border; Breaking the Law; Abrasion; Global Warming; Impact of Tourism

Abstract

A state of breaking the law has been regulated in article 1365 of the Civil Code, but this is purely the result of human actions. What happen if a person or society unknowingly, is in a state of breaking the law caused by the effects of global warming, in this case abrasion by sea water. This study aims to discuss and find solutions, so that people living on the coast who previously met the requirements regulated by laws and regulations, are still protected and get legal certainty, so that the law benefits the community. In Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands, Article 1 paragraph 21 junto Article 12 Paragraph 4 of Law Number 51 of 2016 concerning Coastal Borders, the minimum distance between the coastal border and the highest point of the tide is 100 m. To have a building that meets government standards in accordance with applicable laws and regulations, the community and tourism business people, especially investors who have built 20 years ago or more, who own property on the beach, must have met the requirements so that they have sufficient permits. However, global warming which has an impact on increasing the volume of sea water so that in addition to having an impact on abrasion on many coasts, this unknowingly also has an impact on coastal boundaries which in the legislation the minimum distance is 100 m, but when measured at this time, most of the buildings are more than 20 years old, their position violates the coastal border regulations. This situation places coastal communities and tourism supporting buildings in a state of breaking the law caused by abrasion as a continuation of the effects of global warming.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Yohanes I. Wayan Suryadi
PY  - 2023
DA  - 2023/12/31
TI  - A State of Breaking the Law Caused by Abration: A Research in Jembrana Regency
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 1553
EP  - 1562
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_160
DO  - 10.2991/978-2-38476-180-7_160
ID  - Suryadi2023
ER  -