Humanities & Social Sciences Reviews eISSN: 2395-6518, Vol 8, No 4, 2020, pp 1227-1239 https://doi.org/10.18510/hssr.2020.84116 1227 |https://giapjournals.com/hssr/index © Adharani et al. BENOA BAY RECLAMATION: THE IMPACT OF POLICY-MAKING FOR SOCIAL AND ENVIRONMENT Yulinda Adharani 1* , Nadia Astriani 2 , Siti Sarah Afifah 3 1*,2,3 Faculty of Law, Universitas Padjadjaran, Bandung, Indonesia. Email: 1* yulinda.adharani@unpad.ac.id, 2 nadia.astriani@unpad.ac.id, 3 sitisarahafifah@gmail.com Article History: Received on 15 th May 2020, Revised on 10 th August 2020, Published on 17 th September 2020 Abstract Purpose: The purpose of this article to discover how policy-making that made by the Indonesia government related to the development of Bali Benoa Bay reclamation so that the environment around Benoa Bay stays sustain and the local community does not feel threatened by the development of Benoa Bay Reclamation, especially the Adat community. Methodology: This article is a result of legal studies using the normative juridical method. First, a complete, thorough, and comprehensive approach becomes the base in identifying the subject matter of the problem. Second, it is made to know and understand the policy in settling the problems in spatial planning from the legal aspect of (Seokanto & Mamudji, 1994) . Main Findings: Policy change on Benoa Bay status affected social and environmental aspects. The policy that the Indonesia government made was led to a huge environmental impact on Benoa Bay. The status changed of Benoa Bay from a conservation area to an exploitation area can be a threat to the marine ecosystem and the migratory species, because in Presidential Regulation Number 54 the Year 2014 stated that it can develop reclamation in Benoa Bay. Implications/Applications: This study discusses theories about environmental law, and analyzes them against cases so that sustainable development can be achieved. Policy or decision making must base on the use of the best information and the best science available, and in some situations, it is appropriate regarding environmental, social, and cultural factors. Novelty/Originality of this study: As far as we are concerned, an environmental problem in Bali not particularly noticed in the development plan of the reclamation of Benoa Bay that caused by policy-making and the effect to the society and environment, this article is an attempt to viewed from a different side in addition to tourism in Bali. Keywords: Reclamation, Benoa Bay Bali, Environmental Law, Traditional Society, Sustainable Development. INTRODUCTION Indonesia is known as a maritime country, because it has territory the waters are quite extensive, with the most islands in the world, around 17,502 islands. Country Indonesia is known as the fourth largest population in the world after China, India, and America. Indonesia's population in 2017 is estimated to reach almost 262 million inhabitants (Rahmah, 2019 ). Bali is an Island of the most popular tourism in Indonesia, in April 2016 Bali government tourism office released the statistical data that shows the number of foreign arrivals to Bali reached 1.4 million people. Bali is about their culture, indigenous people and knowledge, and the beautiful beach. But nowadays, the traffic jam and the plastic waste at the beach because of the uncontrollable tourist are dominating in Bali. Because of that, the Indonesia government has planned to build an artificial island/reclamation at Benoa Bay. Benoa Bay is a tidally influenced shallow lagoon (25-30 km 2 ) covered by mangroves in the innermost parts and with some patchy distributed submerged rooted vegetation in the gullies. The tidal flats dry out at low water. Channels that never dry traverse the bay. On tidal flats, randomly distributed spots of macroalgae occur. The water in the bay is slightly turbid and under-saturated concerning oxygen (Bach et al., 1998 ). The plan prompted criticism from environmental activists and local communities, who say the Benoa Bay reclamation project, valued at 30 trillion rupiahs ($2 billion), would clear much of the bay’s rich mangrove ecosystem that feeds the local fishing community (Gokkon, 2019) . Based on Presidential Regulation Number 45 the Year 2011 on Urban Regional Spatial Plan For Denpasar, Badung, Gianyar, and Tabanan, Benoa Bay is categorized as a conservation area. But the policy was revised to Presidential Regulation Number 51 the Year 2014, which turned the status of Benoa Bay from a conservation area into a commercial area. The basic ground of this change was also supported by the belief that because of the rapid development of the hotel, commercial areas, and tourism on Bali island will provide more income to the government especially the local government and society, which is still polemic. The issuance of Presidential Decree No. 51 of 2014 abolished articles stating that Benoa Bay is a conservation area as mentioned in Article 55 paragraph 5 of Presidential Decree No. 45 of 2011 as well as reducing the extent of water conservation areas by adding the phrase "partial" to the conservation area of Serangan Island and Pulau Pudding This causes the conservation area in the SARBAGITA area to decrease in size. Presidential Decree No. 51 of 2014 was born only to accommodate the 700 ha Benoa Bay reclamation plan. This is considered detrimental to the people of Bali and does not provide justice to them (Triana, 2019 ).