The Contextual Problem in the Development of Indonesian International Tourism Law

摘要

Article 7 of the Act has mentioned that tourism development shall cover: tourism industry, tourism destination, marketing and tourism institution. This rule does not include the development of culture as an economic resources of tourism. This paper would demonstrate the situation of the policy, its impacts to tourism, and finally offer a solution for settling the problem. The method used in this study is qualitative content analysis carried on the legal related to the international law on tourism. Data collected through documentation technique covering the library data containing legislation and law. The results show that the Indonesian tourism policy contained a strong energy for destroying its economic resources. In accordance to McDougal's policy-oriented theory of law the situation has firmly been caused by the disconnection between the policy and its context. The less rational approach of the policy construction has caused the policy failure to cover the fundamental aspect of tourism, the economic resources of tourism. This failure has caused the development of tourism contra-productive. The more successful the development of tourism, the more threatened the economic resources of tourism and the threatened the sustainability of tourism.