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All Journal Awang Long Law Review
Irman Syahriar
University of August 17, 1945, Samarinda, Indonesia

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COMPLIANCE OF HOUSING DEVELOPMENT LIMITED LIABILITY COMPANIES WITH DETAILED SPATIAL PLANNING IN THE LAND MATURITY STAGE Andry Kosasih; Kamaluddin; Khairunnisah; Irman Syahriar
Awang Long Law Review Vol. 8 No. 3 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i3.2139

Abstract

This study examines the compliance of limited liability companies developing housing with the Detailed Spatial Planning (RDTR) at the land preparation stage within the framework of the risk-based business licensing regime following the Job Creation Law and Government Regulation 5/2021 and its updates through Government Regulation 28/2025. The RDTR is positioned as a central legal instrument and a tool for testing the material legality of spatial utilization, so that land preparation activities such as cut and fill, land clearing, and backfilling must be in line with established zoning and spatial function provisions. The research findings indicate that the risk-based licensing system through the OSS encourages formal document-based compliance (NIB, KKPR/PKKPR, and other basic requirements) rather than substantive compliance with physical actions in the field, resulting in a gap between administrative legality and material legality. By using normative legal research methods and analytical tools of Lawrence M. Friedman's Legal System Theory, Soerjono Soekanto's Legal Effectiveness Theory, Legal Compliance Theory, and Legal Protection Theory, this study found that compliance weaknesses stem from the disharmony between the orientation of accelerated investment and the demands of spatial planning prudence, the suboptimal integration of RDTR and spatial data in the OSS, and weak substantive supervision and compliance culture among developers. The study recommends strengthening the integration of RDTR in the OSS system, improving the quality of RDTR and spatial data infrastructure, enforcing consistent supervision and sanctions from the land preparation stage, and fostering a substantive compliance culture within the developer corporation environment so that the goals of sustainable spatial planning and protecting the interests of the community can be achieved more effectively.
LEGAL PROTECTION FOR INDONESIAN CITIZENS IN LAND OWNERSHIP DISPUTES INCLUDED IN COAL MINING BUSINESS PERMIT CONCESSIONS Leonard Ibsan Kapasian; Oni Rosifany; Khairunnisah; Irman Syahriar
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1870

Abstract

This study examines the form and effectiveness of legal protection for Indonesian citizens in guaranteeing land ownership within coal mining concession areas. The primary focus is on the tension between national economic interests in the mining sector and community land rights guaranteed by the constitution. This study uses a normative juridical method with a regulatory approach, legal theory, and empirical case studies in several mining areas such as Kutai Kartanegara and Paser. The results indicate that land conflicts in IUP areas are generally revoked due to overlapping ownership claims, weak land administration verification (SKT/SKPT), and minimal government oversight. The state, based on the theory of the Right to Control (HMN), has a constitutional mandate to regulate, manage, and oversee the utilization of natural resources for the welfare of the people. However, its implementation is still biased towards corporate interests, so that community rights are often neglected. This study recommends the implementation of responsive laws, strengthening the social function of land rights, and transparent and pro-community mechanisms for peace and conservation resolution. True legal protection can only be achieved if the state acts not merely as a regulator but also as an active protector of citizens' rights against the impacts of the expansion of the coal mining industry.