Spatial Planning, Development, and the Right to a Healthy Environment in Legal Perspective
Publish Date 29 September 2025
The Bali floods remain under international spotlight amidst ongoing rescue and recovery efforts. “Every year, Bali loses around 1,000 hectares of agricultural land due to land conversion. The conversion is largely driven by the rapid development of tourism accommodations such as villas,” wrote Ni Komang Pramudiasari in her article entitled Tourism Shrinks Green Space: The Impact of Villa Expansion on Land Use Balance in Bali.
According to the Executive Director of Walhi Bali, Made Krisna Dinata, the flash floods—particularly the destruction along the Badung River Basin (DAS) in Denpasar—resulted from mismanagement in environmental governance. Once converted into buildings, land loses its natural ability to absorb rainwater. This became even more evident when extreme rainfall hit Denpasar on 9–10 September 2025. In addition, land-use change has been exacerbated by the occupation of riverbanks and buffer zones, narrowing the Badung River. Between 2000–2020, the construction of hotels, villas, cottages, and guesthouses doubled. While this may have benefited the tourism sector, it has simultaneously caused severe damage to the environment, hydrology, and Bali’s natural capacity to withstand hydrometeorological disasters.
A. Legal Aspects of Development and Environmental Management
Every development activity should be carried out in a sustainable manner to ensure both economic growth and intergenerational use of natural resources. This is particularly important as natural resources—in this case, Bali’s limited land capacity—have inherent ecological carrying limits. When development projects (such as tourism accommodations) disregard environmental capacity through land-use conversion, inevitable problems arise, as is currently happening.
In fact, Indonesia’s legislation already provides comprehensive regulations on environmental management, including the requirement of an environmental approval (persetujuan lingkungan) as a prerequisite for any business licensing.
B. Environmental Approval
Environmental approval, as required in business licensing, reflects the application of the precautionary principle in undertaking business activities. Tourism-related businesses, in particular, have the potential to trigger social conflict and cause air pollution, as well as deteriorating surface water quality.
There are three main types of environmental approval documents, depending on the business activity:
1. AMDAL (Environmental Impact Assessment)
a study on the significant impacts of a proposed business and/or activity on the environment. Criteria for businesses/activities with significant environmental impact include:
- alteration of landforms and landscapes;
- exploitation of renewable or non-renewable natural resources;
- processes with potential to cause pollution, environmental degradation, or resource depletion;
- processes whose outcomes may affect natural, artificial, social, or cultural environments;
- activities influencing conservation areas or cultural heritage sites;
- introduction of new plant, animal, or microbial species;
- production/use of biological or non-biological materials;
- high-risk activities impacting national defense;
- application of technologies with potential large-scale environmental impacts.
Examples include tourism areas and golf courses. Certain hotels and villas must also obtain AMDAL documents, especially those with over 200 rooms, located in protected areas, or with building areas exceeding half a hectare.
2. UKL-UPL (Environmental Management and Monitoring Efforts)
a set of standardized procedures outlining how a business will manage and monitor its environmental impact. The UKL-UPL form includes details such as land area, tourism facility size, number of rooms, laundry machines, and restaurant seating capacity.
3. SPPL (Statement of Environmental Management and Monitoring Commitment)
a self-declaration by business operators committing to comply with environmental management and monitoring standards for activities not subject to AMDAL or UKL-UPL requirements. SPPL essentially affirms the business operator’s responsibility to carry out environmentally sound practices. Business operators may also check the basic requirements through the official Online Single Submission (OSS) portal managed by the Ministry of Investment/National Investment Coordinating Board (BKPM) at https://oss.go.id/informasi/persyaratan-dasar.
C. Spatial Utilization Suitability (KKPR)
Apart from environmental approval, business operators must also ensure that their proposed activity locations comply with the spatial planning regulations of the region. Each region has its own zoning and land-use rules.
Through the OSS system, businesses can apply for KKPR confirmation online. However, in regions without integrated detailed spatial plans (RDTR), applicants must obtain KKPR approval directly from the local Land Office.
D. Liability for Environmental Damage
In essence, prior to establishing a business facility in a given area, operators must align their plans with regional spatial plans and secure environmental management and protection documents.
However, given the recent natural disasters, it is important to further examine whether these events relate to violations of law—either by business operators or irresponsible parties. Any breach of statutory provisions must be legally accounted for, whether through administrative lawsuits (e.g., against local government decisions neglecting environmental balance) or tort claims (e.g., against businesses causing environmental damage).
More importantly, collective efforts are required to protect the environment and enhance awareness of the importance of sustainable development in preserving ecological balance. This reflects the constitutional mandate enshrined in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which states: “Every person shall have the right to live in physical and spiritual prosperity, to have a home, and to enjoy a good and healthy environment…”