The Role of Traditional Land Owners in the Impact of the Covid-19
Pandemic on Tourist Visit Guides
Tiromsi Sitanggang
Program Studi Ilmu Hukum, Fakultas Ekonomi dan Ilmu Sosial, Universitas Sari Mutiara Indonesia
Keywords: Customary Chair, Local Goverment, Visitors.
Abstract: One of the interesting tours is the approach to nature and cultural destinations typical of local indigenous
people that do not exist elsewhere. Local customary leaders play an important role in controlling the land for
possible tourist guides which has the potential to cause paranoia to close the area of authority of customary
leaders after the Covid-19 pandemic as well as regulations from the government. The role of local
governments in making regulations on new normal tourism can provide educational outreach and legal
certainty for tourists and local indigenous peoples. This can also play a role in increasing local income and
improving the economy of the local community. This type of research is descriptive with a qualitative
approach in the form of a description of the participation of indigenous peoples in developing tourism
potential. The results of the study show that the concern of the customary leaders of the local community with
the local government to emphasize and synergize in the tourism service business can be done by implementing
health protocols and issuing several policies from the Customs Chair, village and regional regulations to
improve tourist visit guides.
1 INTRODUCTION
The day's dense activities in government offices, in
banking, and in cities that take up all day work (must
be in an ac room so that the comfort of work is not
hot) after work to go home to a place where there is a
lot of vehicles so they choose to live near work.
Houses that are densely populated, such as living in
flats, in densely populated places, small houses do not
have a yard with a common courtyard in a densely
populated urban apartment, this is a necessity to visit
areas (tours) with original natural environments and
beautiful panoramas.
Scientifically, the beschikkingsrecht (ulayat
rights) of the customary law community is quite
interesting in the reform era. Because the issue of
customary land in Indonesia during the New Order
era was very much dominated by land policies that
tended to be centralized and ignored the rights of the
indigenous peoples of the land to land. This situation
is reversed at this time after the fall of the New Order
power in Indonesian politics (21 May 1997) which is
more directed to efforts to decentralize the land
sector, mutatis mutandis the conservation of
indigenous peoples' rights to land. The broader
implication is the increasingly heated discussion
about the problem of Covid-19, which during this
pandemic, there is no vaccine, viruses that cannot be
seen with the eye and lack of education in customary
land areas and lack of medical equipment and
personal protection such as masks and sanitaizer. The
high price of masks that are produced in accordance
with health standards and were empty in the
community was taken over by home mask products
that were not in accordance with health standards.
Communities who live from generation to
generation, an environment that is close to their
original nature is formed from habits that are carried
out, namely the customs adhered to by the indigenous
community whose daily social activities are carried
out as law for all people who live permanently and
who visit these areas must adapting to the cultural
customs here led by the Customary Chairman. The
government accepts rules established and
implemented by indigenous people, called Perdes.
Guides with a distinctive culture, the tourists who
come from local visitors and visitors to foreign
tourists as well as domestic tourists accept the local
situation.
The customary rights of indigenous peoples to
land in Indonesia which note bene are a developing
country, even now it can be called a developing
Sitanggang, T.
The Role of Traditional Land Owners in the Impact of the Covid-19 Pandemic on Tourist Visit Guides.
DOI: 10.5220/0010356100003051
In Proceedings of the International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies (CESIT 2020), pages 579-583
ISBN: 978-989-758-501-2
Copyright
c
 2022 by SCITEPRESS – Science and Technology Publications, Lda. All rights reserved
579

country. The urgency is that land rights are found for
indigenous people (indigenous people or indigenous
people or native peoples) who naturally need legal
protection that automatically attaches to customary
rights, so legal policy on ulayat rights will
automatically be responsive.
The day's dense activities in government offices,
in banking, and in cities that take up all day work
(must be in an ac room so that the comfort of work is
not hot) after work to go home to a place where there
is a lot of vehicles so they choose to live near work.
Houses that are densely populated, such as living in
flats, in densely populated places, small houses do not
have a yard with a common courtyard in a densely
populated urban apartment, this is a necessity to visit
areas (tours) with original natural environments and
beautiful panoramas.
Scientifically, the beschikkingsrecht (ulayat
rights) of the customary law community is quite
interesting in the reform era. Because the issue of
customary land in Indonesia during the New Order
era was very much dominated by land policies that
tended to be centralized and ignored the rights of the
indigenous peoples of the land to land. This situation
is reversed at this time after the fall of the New Order
power in Indonesian politics (21 May 1997) which is
more directed to efforts to decentralize the land
sector, mutatis mutandis the conservation of
indigenous peoples' rights to land. The broader
implication is the increasingly heated discussion
about the problem of Covid-19, which during this
pandemic, there is no vaccine, viruses that cannot be
seen with the eye and lack of education in customary
land areas and lack of medical equipment and
personal protection such as masks and sanitaizer. The
high price of masks that are produced in accordance
with health standards and were empty in the
community was taken over by home mask products
that were not in accordance with health standards.
Communities who live from generation to
generation, an environment that is close to their
original nature is formed from habits that are carried
out, namely the customs adhered to by the indigenous
community whose daily social activities are carried
out as law for all people who live permanently and
who visit these areas must adapting to the cultural
customs here led by the Customary Chairman. The
government accepts rules established and
implemented by indigenous people, called Perdes.
Guides with a distinctive culture, the tourists who
come from local visitors and visitors to foreign
tourists as well as domestic tourists accept the local
situation.
The customary rights of indigenous peoples to
land in Indonesia which note bene are a developing
country, even now it can be called a developing
country. The urgency is that land rights are found for
indigenous people (indigenous people or indigenous
people or native peoples) who naturally need legal
protection that automatically attaches to customary
rights, so legal policy on ulayat rights will
automatically be responsive.
As time goes by, more and more visitors,
regulations and management only by customary
leaders and local communities (lacking skills both
from management science and / or from resources and
science). Lack of tourism education so that tourism
development becomes slow and lacks management.
This is because the government is closed down by the
local Customary leader who feels the Customary
leader as the government will seize land and the
environment that has been controlled from generation
to generation from several degrees of descent from
one family. However, the government is not tired of
providing promotions and socializing, inviting
discussions, creating village clusters, inviting
meetings, inviting comparative studies of regions
whose tours are known to the world such as the Island
of the Gods, Denpasar Bali. Becoming the patron of
the Dewata Denpasar Bali island, the government and
its people work together because each region that
lives in a family, establishes associations, foundations
and / or forms of legal entities where this legal entity
is used to hand over leases of part of the community's
land to be managed modern and tourism-class tourism
awesome world. Government cooperation with
investors to lease a portion of local customary land is
managed by using management rights by investors
and the lease of native land does not disappear
because the form of rent to investors and rent goes to
associations made by indigenous peoples of the same
group.
Regions can exercise control by making a
regulation called Regional Regulation (Perda),
abbreviated and written as (Perda), and Regional
Government confirms the policy decided by Perda.
The difficulty of changing habits is that the customary
leader and the local community acknowledge and
practice habits so that the regional regulation must be
firm so that it is carried out by the customary leader
in the area being led. Thus the government does not
make dualism of health regulations and protocols in
order to improve health and regional income as well
as reform the entire tourist area so that visiting the
term is like a king in tourist sites.
CESIT 2020 - International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies
580

2 METHOD
From the point of view of the nature of the research,
a statutory approach and the concept of Regional
Regulation are used and references to the national law
of Law Number 10 of 2009 concerning Tourism,
District / City Regional Regulations and regulations
agreed upon by all the customary leaders and
organizations in these tourist attractions. The
conceptual approach is used by various opinions of
legal and historical experts. The books used in writing
use books related to tourism. Data collection
techniques were carried out using document studies.
3 RESULTS AND DISCUSSIONS
The theory used in this research dissection is the rule
of law theory. Indonesia is a rule of law country with
proof of the III amendment (10 November 2011) to
the Constitution of the Republic of Indonesia Article
1 paragraph (3) and the theory of legal certainty by
Hans Kelsen. According to Hans Kelsen, law is part
of the norm. Norms should be viewed from the das
sollen aspect as a rule. Norms are Deliberative
behavior, laws containing general rules serve as
guidelines for individuals behaving in society, both in
public relations with the government. The existence
of these rules and the implementation of these rules
results in legal certainty.
Natural beauty has its own characteristics in the
development and construction of a tourist object or a
tourist area which has an impact, namely a positive
impact as well as a negative impact. The positive
impact of developing tourist objects in tourism
development should be based on participatory
development patterns. Planning with a participatory
approach or commonly referred to as participatory
planning, if linked to Friedmann's opinion, is actually
a political process to obtain a collective agreement
through negotiation activities among all development
actors (stakeholders). The political process is carried
out in a transparent and accessible manner so that the
community will have convenience in every
development process carried out and at every stage of
its development. In this case, participatory planning
is more of a decision-making tool which is expected
to minimize conflict between stakeholders.
Participatory planning, namely: Increasing the
community's economic expenditure or expenses for
tourists to shop in an area it visits, will spur growth in
economic sectors, and Increase tourism government
revenue can increase regional income, by providing
facilities for tourists so that the local government can
collect fees retribution funds such as the entrance gate
to each tourist attraction. Expanding job opportunities
and business opportunities, not only in the tourism
sector but in other sectors that are directly related to
tourism development. Generating entrepreneurship
and growing economic endeavors in socio-economic
development. Encouraging the development of
facilities and infrastructure, especially in areas that
are not implemented, except with the implementation
of tourism activities. The negative impact of tourism
development is prominent in the social sector, namely
on the lifestyle of people in tourist destination areas.
This lifestyle includes changes in attitudes, behavior
and behavior due to direct contact with tourists who
come from different cultures.
Legal theory must begin by determining the object
material, namely the meaning of law which functions
as a separate characteristic in the customary areas of
various people from various societies from time to
time, we know that all tourist objects turn out to be an
order of human behavior as a whole norm and have
reasons to treat them. in accordance with the customs
passed down from generation to generation,
The efforts made in developing a tourist object
from the government are as follows: - Developing
further the potential of a tourist object that is owned
in supporting tourism Promoting these tourist objects
through electronic media, print media, or from
individual to other individual, and make trainings for
resources and invite customary leaders to synergize in
making rules as living law.
Build all necessary facilities using self-help funds
and funds from the government in accordance with
the short-term and long-term planning with the hope
that the facilities built can be used by visitors and the
local community such as arranging the sale of food
and souvenirs, souvenirs, parking, viewing seats
bathrooms, walkers, wheelchair users and crowd
arrangements. If there are things that tourists do not
want, such as earthquakes and others, in their
vacation activities, tourists feel safe and comfortable
and finally want to visit again.
The methods used are primary literature
descriptions and presidential regulations and regional
regulations as well as Village Rumpun / Village Rules
in accordance with the needs of the local population
and secondary some observations of visitor
convenience.
Some writings translate the term policy as
"politics". "policy", "politick", "beleid", especially
meant in the meaning of "wijsbeleid" or "wisdom".
Political law consists of a series of political and legal
The Role of Traditional Land Owners in the Impact of the Covid-19 Pandemic on Tourist Visit Guides
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words. Mahfud MD explained that law is a political
product.
Law is seen as the dependent variable (affected
variable) and politics as the independent variable
(influential variable). With such assumptions,
Mahfud MD. formulating legal politics as "legal
policies that will be or have been implemented
nationally by the government: it also includes an
understanding of how politics affects the law by
looking at the configuration of forces behind the
making and enforcement of the law.
Law cannot only be viewed as articles that are
imperative or obligatory, but must be viewed as a
subsystem which in reality is not impossible to be
determined by politics, both in the formulation of the
material and its articles as well as in its
implementation and enforcement.
Legal development includes three main
components, namely material (substance), institution
(structure) and culture (culture) of law. Legal
development is carried out on the basis of legal
reform while maintaining the plurality of the
prevailing legal order and the effects of globalization.
The government regulates all orders for clean
food vendors and the price of each menu is listed on
the menu list, in order to avoid worrying food
orderers. Visitors must know how much the cost of
the food ordered, in order to avoid disappointment for
visitors who order food, the price is known after
eating the food they ordered, but the price is not as
expected (the large portion and the taste of the food
ordered makes the visitors disappointed). In this case,
it results in a bad reputation of the tourist area because
the visitor will become a funnel for the surrounding
to convey things around him and to the entire wide
audience which is not limited because the information
has been in hand, meaning that through cellphones the
whole world can be broadcast.
Providing convenience for investors, both
domestic and foreign investors, in investing their
capital in the tourism factor by synergizing with the
chairman of Customs and the Government. Investors
must work together to create a system that does not
intersect with the philosophy of the ancestors and the
goal of the state to prosper society. Customary land
will be certified under the name of one clan, may be
an association, may be another legal entity, then
leased to the lease recipient is the association of one
clump that has been formed to an investor or to the
government for 25 years and may be extended as
needed.
The benefits of leasing a tourist land lease are so
that legal certainty and investors focus on managing
and managing seriously, professionally. Furthermore,
customary communities who own land from their
ancestors do not lose their ownership rights because
it is a guardian for the name of their deceased parents.
In this case, the name of the customary land is not lost
and the rent can be used to open a business in a tourist
spot, the economic value of the indigenous people of
the customary land is not lost, the work field is open,
the area is known to the world and the local business
is global.
Increasing the ability and expertise of Human
Resources (HR) in terms of providing services to
tourists such as tour guides, and so on are needed. The
role of the private sector is an agency that deals
directly with tourists and provides services alternately
in a series of tour trips. This agency also plays a very
important role in the back and forth of the world of
national tourism. The image shown by the business
world as an intermediary is the image of the
Indonesian nation nationally. The tasks carried out by
the business world are as follows: Provide the tourism
accommodation facilities needed by tourists to make
tour packages and carry out tour travel events to
tourist destination areas. The role of a travel agency
is such as depositing part of the profits in the form of
taxes, the amount of which is determined by the
government. A means of transportation in
collaboration with local governments.
Local governments must be able to build a system
that is not in conflict with village regulations and
health protocols and traditional and customary
community leaders to ensure legal certainty.
4 CONCLUSIONS
One of the obstacles faced by natural tourism areas
which are occupied by homongen communities is the
lack of availability of potential human resources in
the tourism sector and public awareness to preserve
the tourism objects and land. In general, land in the
area does not have a certificate, the release of land
rights is based on a customary ceremony, namely
gathering all relatives to eat together, after eating the
ceremony to give land in words witnessed by other
relatives and traditional leaders. There is no writing,
signature and thumbprint of the right thumb or so-
called fingerprints. The following do not synergize
Customary leaders with local governments as well as
investors.
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