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THE JURIDICAL-SPATIAL ASPECTS OF POST-DISASTER SPATIAL PLANNING: AN ANALYSIS OF ENVIRONMENTAL LAW ENFORCEMENT IN THE BATANG TORU ECOSYSTEM AREA, GAROGA VILLAGE, SOUTH TAPANULI Akmal; Zuhri Arif; Surya Bakti
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Spatial planning in environmentally sensitive areas requires an integrated approach that considers legal certainty, environmental carrying capacity, disaster risk, and the conformity of land utilization with spatial-planning regulations. This study examines the Juridical-Spatial approach to spatial governance and disaster-risk reduction in the Batang Toru–Garoga landscape of South Tapanuli, North Sumatra, with particular attention to the relationship between land-use change, environmental vulnerability, spatial-planning compliance, and administrative enforcement. This study employs a normative-juridical research method supported by secondary spatial, statistical, and disaster-related data. The research applies a Statute Approach and a Case Approach to examine the legal framework governing spatial planning, environmental protection, disaster mitigation, licensing, and administrative sanctions. The findings indicate that the vulnerability of the Batang Toru–Garoga landscape is influenced by the interaction of mountainous topography, hydrological sensitivity, land-use change, forest degradation, and anthropogenic activities. The study further identifies a gap between legally designated spatial functions and actual land utilization, demonstrating the need to integrate disaster-risk maps, environmental carrying-capacity assessments, land-use information, and spatial-planning documents into administrative decision-making. The Juridical-Spatial approach provides a framework for connecting geospatial evidence with legal evaluation, particularly in assessing the conformity of Forest Utilization Business Licenses (PBPH) and other land-use activities with spatial-planning and environmental requirements. Administrative sanctions, including suspension and permit revocation, should be implemented based on verifiable violations, spatial audits, environmental assessments, licensing-compliance evaluations, and transparent procedures. The study concludes that spatial planning should be strengthened as a preventive instrument for environmental protection and disaster-risk reduction. Periodic environmental audits, integrated spatial information, institutional coordination, and legally accountable enforcement are necessary to promote sustainable spatial governance and spatial justice in the Batang Toru–Garoga landscape.