DISHARMONI ASAS DESA WISATA DALAM HUKUM KEPARIWISATAAN INDONESIA

Abstract

The regulation of tourism villages in Indonesia reflectsthe interaction between national tourism law and regional autonomy policies. However, differences in the formulation oflegal principles governing tourism villages have creatednormative inconsistencies between Law Number 10 of 2009 concerning Tourism and Gresik Regency Regional RegulationNumber 7 of 2021 concerning Tourism Villages. Thisinconsistency raises legal uncertainty regarding the authorityof regional governments to formulate legal principles thatdiffer from those established by national legislation. Thisstudy aims to analyze the regulation of tourism villageprinciples within the Indonesian tourism legal framework andto examine whether the differences in principles contained in the regional regulation constitute a legitimate exercise ofregional legislative autonomy or a form of verticaldisharmony within the hierarchy of legislation. This researchemploys a normative juridical method using statutory, conceptual, and analytical approaches. The legal materialsconsist of primary and secondary legal sources analyzedthrough qualitative legal reasoning. The findings indicate thatthe principles stipulated in the Gresik Regional Regulationdiffer substantially from those contained in Article 2 of Law Number 10 of 2009 through the omission of several nationalprinciples and the introduction of new principles emphasizingcommunity-based tourism. Although regional governmentspossess legislative discretion under the decentralizationframework, such authority remains limited by the hierarchy oflaws and the principle of legal harmonization. Consequently, the reformulation of legal principles in the regional regulationhas the potential to create vertical disharmony, weaken legal certainty, and affect the consistency of Indonesia's nationaltourism legal system.