Legal Literacy - This article provides a simple explanation of the concepts and objectives spatial planning law. Spatial planning law is the foundation for planned and sustainable development in a region. By regulating land use and development, spatial planning law ensures that natural resources and the environment are well maintained. In addition, spatial planning law also establishes guidelines for regional planning and infrastructure development that take into account the interests of all stakeholders.
In simple terms, Space can be defined as a place on land, sea, and air, including what is inside the earth, which forms a unity where humans and other living things live, carry out activities and maintain their survival. Examples of Space include city parks, residential areas, office areas, industrial areas, seas, forest areas and so on.
In order to support its function of providing a place to live and maintain the survival of humans and other living things, Space must be arranged in such a way that it does not endanger humans, other living things and the environment as a whole. In fact, as far as possible, the existing Space can improve the quality of life.
Spatial Planning Concepts
Law Number 26 of 2007 concerning Spatial Planning, in Article 1 Number 5, explains that Spatial Planning is a system, which consists of three aspects, namely Spatial Planning, Spatial Utilization, and Control of Spatial Utilization.
1. Spatial Planning
Article 1 Number 13 of the Spatial Planning Law explains that Spatial Planning is a process to determine the Spatial Structure and Spatial Pattern. Then what is meant by spatial structure and pattern?
Spatial Structure is the arrangement of settlement centers equipped with a network system of infrastructure and facilities that function to support the socio-economic activities of the community. So, the Spatial Structure consists of settlement centers and a network system of infrastructure and facilities. For example, an industrial area in which there is a network of roads, a network of railway tracks, an electricity network, a telephone network, a transmitting station, culverts, water channels, clean water pipe channels, and so on.
Meanwhile, Spatial Pattern is the distribution of spatial allocations within a region, whether the allocation is for protected functions or for cultivation functions. Spatial patterns are divided into two, namely Protected Areas and Cultivation Areas.
Spatial Planning is a combination of Spatial Structure and Spatial Pattern in a region. Spatial Planning is carried out through the preparation and stipulation of Spatial Plans. Therefore, Spatial Planning produces a document called the Spatial Plan.
2. Spatial Utilization
Article 1 Number 14 of the Spatial Planning Law explains that spatial utilization is an effort to realize spatial structure and spatial patterns in accordance with the spatial plan through the preparation and implementation of programs and their financing.
Spatial Utilization is realized through the Development Plan. So, after the Spatial Plan is completed, the Space may be utilized in accordance with what is stated in the Spatial Plan. For example, where we can build residential areas, where we can build roads, where locations cannot be built, etc.
Simply put, Spatial Utilization is a form of realization of Spatial Structure and Spatial Pattern in accordance with the Spatial Plan.
However, in reality, in Spatial Utilization, not everyone obeys what is in the Spatial Plan. So, to ensure that Spatial Utilization runs in an orderly manner, Spatial Utilization Control is carried out.
3. Control of Spatial Utilization
Article 1 Number 15 of the Spatial Planning Law explains that spatial utilization control is an effort to create spatial order.
Spatial Utilization Control aims to ensure spatial order. Spatial Utilization Control is carried out, among other things, through zoning regulations, licensing, provision of incentives and disincentives, and law enforcement.
Objectives of Spatial Planning Law
As we know, law generally has three functions, namely to provide legal certainty, to achieve justice and also for benefit. In the case of Spatial Planning, spatial planning law also provides these three functions.
First of all, of course, to provide a legal basis or legality for spatial planning, utilization and control of spatial utilization. Thus, the implementation of spatial planning has legal certainty.
The second objective is to provide coercive power in adhering to spatial planning and efforts to control spatial utilization.
The third is to prevent damage and/or pollution of the environment due to the absence of spatial planning or poor utilization and control of spatial utilization.
Spatial Planning Law regulates that spatial planning achieves three objectives, namely certainty or legality, benefit and justice. Justice here includes social justice and environmental justice.
Social justice refers to efforts to ensure the fair distribution of resources and social benefits to all members of society. In the context of spatial planning law, social justice includes aspects such as equal access to land and public facilities, fulfillment of basic needs such as housing, education, and healthcare, as well as equal opportunities for all citizens to develop their potential. With social justice, it is expected that no group or individual will be marginalized or lack equal access to resources and opportunities.
Environmental justice concerns the fair treatment of the environment and natural sustainability. This includes the understanding that every individual and community has the right to live in a healthy and sustainable environment. In the context of spatial planning law, environmental justice refers to the fulfillment of these rights without sacrificing environmental sustainability. This means that spatial development and management must consider its impact on the environment, and ensure that decisions taken consider long-term interests and sustainability for future generations.
In implementing the principles of social and environmental justice in spatial planning law, it is important to ensure that decisions related to spatial planning take into account the needs and interests of all stakeholders, including groups that may be vulnerable or marginalized. This also includes avoiding socio-economic inequalities that may arise as a result of spatial planning policies or practices that do not consider social and environmental justice.
The regulation of spatial planning law in Indonesia is governed by Law Number 26 of 2007 concerning Spatial Planning, some of whose provisions were amended by Law Number 11 of 2020 concerning Job Creation. The implementation of Spatial Planning is regulated in more detail in Government Regulation Number 21 of 2021. There are also Government Regulations and Presidential Regulations related to Spatial Planning. However, with the changes to Law Number 26 of 2007 the aforementioned regulations will also be amended.
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