Legal Idealism and Implementation: An Analysis of the Gap between Environmental Policy and the Local Regulation in Indonesia

By Lisdiyono, Edy | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

Legal Idealism and Implementation: An Analysis of the Gap between Environmental Policy and the Local Regulation in Indonesia


Lisdiyono, Edy, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

Spatial area of the city is one of the most crucial urban issues today (Cohen, 2006). Physically, the development of the city is always followed by the increasingly widespread built environment. Population growth and economic activity on the one hand, and the limitation of urban land on the other hand, lead to efficient use of space to be an unavoidable demand. In this context, a series of policies have been adopted in the development of urban areas as settlements, industries, road networks, drinking water networks, public buildings, and greenways which are the means and infrastructure for spatial development (Jayaginata, 1992). Spatial arrangement in particular cities in Indonesia is still seen only limited to meet the growth of development and tend to be oriented towards efforts to achieve economic growth targets, or to meet the needs of the development of a certain region that cannot be avoided. The orientation of such an urban arrangement does not take into consideration the purpose and use of space in accordance with its designation. It should be conceptually that the spatial plan is arranged as a plan that is comprehensively integrated by analysing all aspects and factors of development and development of the city in an integrated sequence of policy descriptions and steps that are fundamental with data and maps (McCall, 2003). As mandated by Article 33 Paragraph (3) of the 1945 Constitution states that "earth, water and natural resources contained therein are controlled by the State and used for the greatest prosperity of the people." This state right is further regulated in various laws and government regulations. The provisions of the aforementioned article have been described in Act No. 24 of 1992 concerning Spatial Planning which has given the basic principles of spatial arrangement nationally. This law asserts as in Article 2 that:

"Spatial arrangement is based on the principles of utilization of space for all interests in an integrated, effective, effective, balanced, sustainable, transparent, fair and legal manner."

In connection with this as the implementation of Law No. 24 of 1992 The Government has stipulated Government Regulation No. 47 of 1997 on the National Spatial Plan which is the guideline for the formulation of the main policy of the utilization of National Territory Space, as well as the spatial arrangement of the Provinces of Region and Region/Municipality of the Level II Region which the basic principles of spatial arrangement nationally are set forth in Article 4 Government Regulation No. 47 of 1997. The principles of spatial use were then corrected and extended again in Law No. 26 of 2007 on the National Spatial Management, which was only adopted on 26 April 2007. The new spatial principles include sustainability, transparency, togetherness and partnership, protection of the public interest, and legal certainty and justice, accountability (Lisdiyono, 2008).

Such spatial arrangement pattern enables the realization of several things, such as the implementation of environmentally space utilization, implementation of spatial use arrangement of protected area and cultivation area, the achievement of the utilization of quality spatial to realize the protection of space function. Moreover, spatial arrangement is to prevent and cope with the impact on the environment and is to realize the balance of welfare and security interests. In a similar sense, the spatial law also idealizes to create a safe, comfortable, productive and sustainable national territory based on national insight and national security. This research seeks to know and explain about the policy of national spatial law, as well as the phenomenon of shifting policy of national spatial law arrangement in regulation area, by taking concrete case in Semarang City, and its impact to social values of space usage. Here, there are two fundamental things that are the focus of this study, firstly, revealing the factors behind the shift in spatial law policy in terms of social, cultural, political and economic factors, and second, revealing the consequences that arise of the policy shift towards environmental damage. …

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