The Bali Regional Regulation regarding the Standard for Implementing Bali Cultural Tourism has the potential to threaten unfair business competition because it requires business actors to enter the one-door tourism portal.
As for 2020, Bali released Regional Regulation No.5 / 2020 concerning the Standards for the Implementation of Balinese Cultural Tourism. The regulation, which was promulgated on July 9, 2020, was originally intended to encourage the equal distribution of business opportunities in Bali.
However, the Business Competition Supervisory Commission (KPPU) sees several articles that have the opportunity to cause an uproar in the Balinese tourism business world. These rules are contained in article 26 regarding the Bali One Stop Tourism Portal, article 27 concerning Partnership Registration, and article 28 concerning Institutions.
Article 26 paragraph (1) states, the Governor established the Bali Tourism One Stop Portal to integrate all tourism stakeholders consisting of tourism service businesses, government, and the community. Furthermore, paragraph (2) states that one-door portals include hotel or lodging reservations, electronic tickets for tourist destinations, online transportation, digital markets, non-cash payment integration, and other fields following the development of the Bali tourism industry.
The provisions regarding the Bali tourism one-door portal as stipulated in paragraph (2) will be regulated in a governor’s regulation. Meanwhile, article 27 paragraph (1) states that every tourism service business in Bali is required to register on the Bali One Stop Tourism Portal which sells its products/services to other parties online and offline.
The transaction system is emphasized in paragraph (2), which states that every tourism service business in Bali that conducts product sales transactions and/or exchange of information, either directly or indirectly, with other service businesses, must go through the One-Stop Bali Tourism Portal
Furthermore, Article 28 paragraph (1) states that the Governor forms a Regional Public Company to organize Balinese Digital Culture Tourism.
Dinni Melanie, Commissioner for Supervision of Business Competition, assessed that the article regarding the one-door portal has a good spirit to integrate all tourism stakeholders in Bali.
However, the existence of a derivative policy through the Governor Regulation concerning the one-door portal for Bali tourism is considered to have the potential to require the submission of data and information from business actors to certain business actors or associations. Meanwhile, the obligation to register on the One Pintu Wisata Bali Portal also has the potential to impose certain fees that become a disincentive for business actors to carry out activities related to tourism.
Partnership regulations regarding one-stop portals have the potential to abuse the dominant position in setting trading terms. Also, there is the potential for the delegation of regulatory authority to business actors related to the formation of regional public companies (Perusda).
“I do not know for sure whether this one-door tourism portal has been formed, and Perusda has been formed, and whether this BUMD has the potential to abuse its authority,” he said, Friday (19/3/2021).
Head of the Bali Tourism Office, Putu Astawa, said that the regional regulation was born as an effort to produce quality tourism on the Island of the Gods. Bali no longer wants to sell cheap tourism that prioritizes sheer quantity. He admitted that the existence of a one-stop tourism portal still requires academic studies so that its implementation is appropriate.
With this portal, it is hoped that hotel and destination transactions can be controlled. This portal too, he continued, was only in the form of a canal. The Bali government will not sell hotel or destination rates through this portal.
“This portal is a middle ground for hotels and OTA [online travel agent] considering that now transactions have changed like that [done in non-cash],” he said.
Astawa emphasized that the establishment of a one-stop portal is Bali’s response to increasing competitiveness amidst the many online travel agents (OTA) selling Bali tours. If the hotel and OTA operate independently without supervision, during the low season, there is the potential to reduce prices which will further give birth to cheap tourism in Bali.
The portal, he continued, will only control the price of traveling in Bali. The government will not set certain tariffs for every business actor who joins the portal. Only, if in its management the Perusda that is appointed to manage the portal then forms a partnership agreement with the business actor, the imposition of tariffs is considered legitimate.
“We [the government] do not determine tariffs, it is just a regular business. Perusda can make a profit, now what the agreement mechanism looks like depends on the business actors, the important thing is we do not carry out a cartel, such as hotels that all enter and the destination is not one or two hotels. only, “he said.
Director of Regulation of the Ministry of Tourism and Creative Economy Sabartua Tampubolon assessed that the Bali Regional Regulation No.5 / 2020 must make adjustments because it was formed before the work copyright law.
Harmonization and synchronization of the rules contained in Perda No.5 / 2020 with the Job Creation Law need to be done so that the regulation has the same vision, namely simplifying licensing to be able to increase employment opportunities. He admitted Perda No.5 / 2020 was indeed born out of local government concerns about the impact of tourism that was not optimal for local communities.
This regional regulation is made so that certain standards are followed by both local and non-local tourism businesses so that the benefits can be maximized.
“There is no perfect regulation, but the willpower to perfect, synchronize and harmonize it,” he said.
According to him, the portal is only a channel that ensures data and information are better distributed to the public and tourism users. It only needs to be ensured related to the imposition of tariffs on the obligations of business actors to join the portal.
“That [the tariff on the portal] needs to be ensured so that there is no impression that it tends to or leads to monopoly or unfair competition, but Mr. Putu has repeatedly mentioned please understand the spirit of this regional regulation so that the regulations are made real in favor of the community, “he said.
Photo by Antara / Nyoman Hendra Wibowo