Bali’s Alcohol Rules Face Enforcement Gaps, New Legal Study Finds
A new legal study from Mahendradatta University finds that Bali’s effort to regulate alcoholic beverages under Bali Governor Regulation No. 1 of 2020 still faces major enforcement gaps, despite routine police raids and confiscations. The research was led by I Komang Widarsana with co-authors Ni Ketut Wiratny and Siti Nurmawan Damanik, all affiliated with Mahendradatta University’s Master of Government Law Program in Bali. Published in 2026 in the International Journal of Contemporary Sciences, the study concludes that weak sanctions, legal overlaps, and cultural sensitivities continue to undermine public safety and legal certainty in Bali’s alcohol market.
Bali’s alcohol policy has long been a difficult balancing act. Traditional drinks such as arak, brem, and tuak are deeply embedded in Balinese religious ceremonies, customary events, and local livelihoods. At the same time, illegal alcohol distribution remains linked to health risks, violence, and broader public order concerns.
The Bali provincial government introduced Governor Regulation No. 1 of 2020 to protect and manage traditional fermented and distilled beverages while controlling distribution. But the new research shows that the regulation has not fully solved longstanding enforcement problems. According to the authors, the legal framework still contains contradictions between local policy and Indonesia’s national criminal law, creating uncertainty for police and businesses alike.
Why this matters now
Alcohol regulation is becoming more important in Bali as tourism rebounds, local beverage businesses expand, and public pressure grows for stronger safety standards. Bali’s economy depends heavily on hospitality and cultural tourism, making alcohol both an economic product and a social risk.
The study argues that poor enforcement can affect several sectors at once:
- Public health and emergency care
- Tourism safety and visitor trust
- Community security
- Local small business compliance
- Provincial legal governance
For policymakers, the findings highlight the need to align cultural preservation with stronger consumer protection and law enforcement systems.
How the study was conducted
The researchers used a mixed legal review and field-based approach. They examined national and provincial laws governing alcohol distribution, including:
- Indonesia’s Criminal Code
- Law No. 2 of 2002 on the National Police
- Presidential Regulation No. 74 of 2013
- Trade Ministry Regulation No. 120 of 2018
- Bali Governor Regulation No. 1 of 2020
To understand real-world enforcement, the team also conducted interviews with officers from the Bali Regional Police and reviewed cases involving illegal alcohol distribution. The legal analysis focused on consistency between laws, institutional authority, and practical enforcement barriers.
Key findings: enforcement exists, but deterrence is weak
The study found that the Bali Regional Police have taken active enforcement steps, including:
- Routine raids on stalls, cafes, herbal shops, and informal sellers
- Confiscation of illegal or unsafe alcoholic beverages
- Joint operations with health and trade agencies
- Public education campaigns on alcohol-related risks
However, the researchers say these measures have not significantly reduced repeat violations.
Main obstacles identified:
- Weak legal sanctions: Many alcohol-related violations are treated as minor offenses. The penalties are often too light to discourage repeat offenders.
- Legal disharmony: The study found tension between Bali’s regulation, which supports legal management of traditional beverages, and national criminal provisions that can impose harsher penalties if products are unsafe.
- Limited police resources: Investigators and enforcement staff remain stretched, while infrastructure and operational support are not always sufficient.
- Low public reporting: Community members often do not report illegal sales, reducing early detection.
- Cultural sensitivity: Traditional alcohol plays a role in ceremonies and customary life, making enforcement socially complex.
- Weak inter-agency coordination: The study says cooperation between police, civil service enforcement officers, and local authorities still needs improvement.
A real-world case shows the stakes
The study cites a fatal stabbing in South Denpasar in 2019, before the Bali regulation took effect, involving intoxicated partygoers drinking a mix of beer and arak. The case illustrates how unsafe or uncontrolled alcohol use can escalate into deadly violence.
The authors use the case to argue that alcohol distribution is not only a licensing issue but also a public safety issue. In tourist-heavy and densely populated areas, poor control over unsafe alcohol can increase the risk of assault, poisoning, and social disorder.
What should change next
The researchers recommend stronger and more consistent penalties for illegal alcohol distribution, especially for products that threaten public health. They also call for:
- Better legal harmonization between provincial and national rules
- More trained investigators and operational support
- Stronger joint enforcement with local agencies
- Wider public legal education campaigns
- More community leader involvement in monitoring sales
As I Komang Widarsana and colleagues write, Bali needs “stricter law enforcement” backed by deterrent sanctions and broader institutional cooperation to create lasting public order and safety.
Author profile
I Komang Widarsana is a legal researcher in government law at Mahendradatta University, with a focus on regional governance, public order, and criminal law enforcement. Co-authors Ni Ketut Wiratny and Siti Nurmawan Damanik also specialize in public law and governance studies.
0 Komentar