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p-Index From 2021 - 2026
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All Journal Journal of Constitutional Law Society (JCLS) Green Social: International Journal of Law and Civil Affairs
Bagus Hermanto
Universitas Udayana
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analyzing the Role of Spatial Planning Law in Promoting Social Justice and Environmental Protection for Vulnerable Urban Communities Retno Eko Mardani; Ani Purwanti; Bagus Hermanto
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 4 (2025): December: International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i4.273

Abstract

Rapid urbanization, especially in developing countries, has worsened spatial inequality and environmental degradation, impacting vulnerable urban communities living in informal settlements with limited access to services and increased environmental risks. This study examines the role of spatial planning law in promoting social justice and environmental protection in urban areas, particularly for marginalized populations. While spatial planning laws have the potential to promote equity and sustainability, inconsistent enforcement and inadequate evaluation mechanisms reduce their effectiveness. Using a qualitative legal analysis approach, the research reviews statutory frameworks, urban planning documents, and case studies to assess the practical application of these laws. Findings show that integrating spatial planning laws with social justice and environmental sustainability principles can enhance the living conditions of vulnerable communities by ensuring equitable resource access and reducing exposure to environmental hazards. However, fragmented legal frameworks, weak enforcement, and a lack of participatory planning hinder their impact. Comparing with traditional urban planning, social justice-oriented spatial planning provides more sustainable outcomes by prioritizing equity and environmental protection. The study recommends policy reforms to strengthen law enforcement, encourage inclusive decision-making, and integrate social justice and sustainability into urban planning frameworks. Further research is needed to assess the long-term impacts and role of these laws in achieving equitable urban development.
CONSTITUTIONAL REVIEW OF THE RIGHT TO EDUCATION: AN ANALYSIS OF CONSTITUTIONAL COURT DECISION NO. 3/PUU-XXII/2024: TINJAUAN KONSTITUSIONAL TENTANG HAK ATAS PENDIDIKAN: ANALISIS KEPUTUSAN MAHKAMAH KONSTITUSIONAL NOMOR 3/PUU-XXII/2024 Rengga Kusuma Putra; Retno Saraswati; Bagus Hermanto; Lita Tyesta Addy Listya Wardhani; Satriya Nugraha
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.136

Abstract

Decision No. 3/PUU-XXII/2024 of the Constitutional Court of the Republic of Indonesia represents a significant development in the trajectory of Indonesian legal politics, particularly in relation to right to education as the constitutional protection enshrined in the 1945 Constitution. Although the ruling carries substantial implications for the interpretation of state obligations in the education sector, scholarly discussion has largely focused on the doctrinal aspects of constitutional adjudication, leaving limited attention to the broader fiscal and political implications of the decision within Indonesia’s governance framework. This study therefore seeks to examine the constitutional meaning and policy consequences of the ruling through a descriptive qualitative approach, with particular attention to the normative structure of the Court’s reasoning and the social justice values underlying its interpretation. The analysis focuses on how the Constitutional Court articulates the relationship between constitutional mandates, state responsibility, and the protection of individual educational rights within the broader framework of Indonesia’s welfare-oriented constitutionalism. The findings indicate that Decision No. 3/PUU-XXII/2024 strengthens the constitutional status of education as a positive right that requires active state intervention. At the same time, the ruling clarifies the scope of governmental obligations in ensuring equitable access to education while implicitly raising questions regarding fiscal allocation, institutional capacity, and policy prioritisation in the implementation of constitutional guarantees. By situating the decision within the broader discourse on the political theory of education law and the adjudication of socio-economic rights, this article contributes to the development of a normative framework that understands education not purely as a matter of public policy but as a constitutionally mandated instrument for achieving social justice. Ultimately, the study argues that the decision reflects a more responsive orientation in Indonesian legal politics, one that seeks to align constitutional interpretation with the pursuit of substantive equality in the national education system.
Co-Authors Ani Purwanti Lita Tyesta Addy Listya Wardhani Rengga Kusuma Putra Retno Eko Mardani Retno Saraswati Satriya Nugraha