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All Journal Journal of International Islamic Law, Human Right and Public Policy
Herwin Hermawan
Balai Gakkumhut Wil I Sumut
Religion Law, Crime, Criminology & Criminal Justice

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THE URGENCY OF DISASTER-BASED SPATIAL PLANNING: A JURIDICAL REVIEW OF ECOLOGICAL CONCERNS IN THE NATIONAL LEGAL SYSTEM Nurhimmi Falahiyati; Rise Karmilia; Ilham; Herwin Hermawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 1 (2025): March
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Spatial planning in Indonesia plays a strategic role in balancing regional development, environmental sustainability, disaster mitigation, and public safety. This study aims to critically analyze the legal framework of spatial planning from the perspective of ecological justice and disaster mitigation, with particular attention to the role of Detailed Spatial Plans (RDTR), spatial control, and law enforcement. This study employed a normative juridical research method using statutory and conceptual approaches. Legal materials were obtained through library research and analyzed qualitatively using a descriptive-analytical method by examining the relationship between normative legal provisions and implementation challenges. The findings demonstrate that although Indonesia has a comprehensive spatial planning regulatory framework, a significant gap remains between legal norms and their implementation. The effectiveness of spatial planning is constrained by limited institutional coordination, uneven availability of digital RDTR, weaknesses in spatial supervision, and inconsistent law enforcement. The study further finds that disaster-risk mapping and ecological carrying-capacity considerations need to be integrated into spatial planning as preventive instruments. Strengthening administrative and criminal enforcement, digital RDTR, public participation, and legal protection of spatial and land rights is therefore essential to establish spatial governance that promotes environmental security, public safety, and intergenerational ecological justice.
Co-Authors Ahmad, Akiruddin Ilham Rise Karmilia