Gholin Noor Aulia Sari
State University of Semarang

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Legal Responsibility of Local Government in Managing Urban Green Open Spaces: A Study of the West Flood Canal Riverbank in Semarang Gholin Noor Aulia Sari; Rodiyah Rodiyah
Jurnal Ius Constituendum Vol. 11 No. 2 (2026): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i2.13763

Abstract

This study aims to analyze the condition and function of green open spaces (RTH) along the West Flood Canal riverbank in Semarang City and to examine the legal responsibility of the local government in its management. Addressing a gap in prior studies that predominantly focus on technical and environmental aspects, this research adopts an empirical juridical method with a socio-legal approach, combining statutory analysis with field data from observations and interviews to evaluate the relationship between normative obligations (das sollen) and implementation realities (das sein). The findings indicate that although Semarang City has formally fulfilled the statutory requirement of 30% green open space, the proportion of accessible public RTH remains significantly below legal standards, revealing a substantive gap between regulatory compliance and functional effectiveness. From the perspective of Hans Kelsen’s theory of legal responsibility, this condition reflects incomplete fulfillment of legal obligations, despite ongoing governmental actions in planning, supervision, and enforcement. The novelty of this study lies in integrating ecological riverbank functions with a doctrinal analysis of municipal accountability, thereby advancing a norm-based framework for evaluating environmental governance. Strengthening green open space management is therefore essential not only for flood mitigation and environmental sustainability but also for ensuring legal accountability and improving urban public welfare.