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IMPLEMENTATION OF SPATIAL USE CONTROL INSTRUMENTS: A JURIDICAL ANALYSIS OF ADMINISTRATIVE SANCTIONS FROM THE PERSPECTIVE OF LEGAL CERTAINTY Syafil Warman; Umi Khairiah; Parlindungan Simanjuntak
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Spatial planning regulations in Indonesia are currently undergoing a radical and fundamental paradigm shift towards a risk-based approach, a move primarily driven by the ambition to accelerate national economic growth and streamline investment procedures. While this transformation is theoretically designed to maintain environmental integrity through digitized standardization, the increasing frequency of anthropogenic disasters—environmental catastrophes rooted in human negligence, structural land-use violations, and systemic spatial mismanagement—reveals a critical and alarming weakness in the integration of ecosystem resilience within the national legal architecture. This article provides a critical and comprehensive examination of the legal transformation of spatial planning, evaluating its efficacy as a preventive legal instrument against imminent ecological collapse. By employing a normative juridical research method supplemented by a statutory and conceptual approach, this study scrutinizes the complex harmonization between the "Omnibus Law" (Job Creation Law) and existing environmental protection standards to identify potential legal synchronicities that could prevent escalating land-use conflicts. The findings demonstrate that the dilution of local authority and the lack of strict adherence to environmental carrying capacity (daya dukung) and environmental thresholds (daya tampung) within the Spatial Detail Plans (RDTR) serve as the primary catalysts for heightened regional vulnerability. Furthermore, the digitalization of spatial permits through the OSS system, while efficient, often lacks the qualitative ecological oversight necessary to deter exploitative land conversion. The study concludes that an urgent legal reconstruction is required to reorient the philosophy of spatial planning. It argues that spatial regulation must transcend its current role as a mere investment gateway and be reinstated as a robust, non-negotiable legal shield dedicated to ecosystem preservation, disaster risk reduction, and the absolute guarantee of long-term public safety and intergenerational equity.
Penguatan Sistem Monitoring dan Keamanan Kawasan Hutan dalam Mendukung Efektivitas Penegakan Hukum Pidana Kejahatan Kehutanan : Studi pada LPHD Desa Pasar Rawa Umi Khairiah; Warsiman Warsiman; Winta Hayati
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): September: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i3.3312

Abstract

Monitoring and securing forest areas are inherent components of forest resource protection and management, yet their implementation on the ground often fails to meet the expectations set by legal norms. This study aims to analyze the legal framework governing forest area monitoring and security systems in Indonesia, identify the factors that weaken such systems, and formulate ideal strengthening measures to improve the effectiveness of criminal law enforcement against forestry crimes and to prevent future ecological disasters, using the destruction of the mangrove ecosystem in Pasar Rawa Village, Langkat Regency, as a case study. This research employs normative and empirical juridical methods, through a literature study of statutory regulations combined with interviews and field observations at the Village Forest Management Institution (LPHD) of Pasar Rawa. The results show that legal provisions on forest protection, ranging from Law Number 41 of 1999 on Forestry, Law Number 18 of 2013 on the Prevention and Eradication of Forest Destruction, to Government Regulation Number 23 of 2021 on Forestry Administration, have positioned prevention as an inseparable part of forest protection. However, the operationalization of these norms on the ground has not been followed by a measurable and responsive monitoring mechanism, as reflected in the destruction of the mangrove ecosystem in Pasar Rawa Village. The weakness of the forest area monitoring and security system is caused by six main factors: regulations that remain general in nature, limited budget and facilities, weak human resource capacity, overlapping cross-sector authority, low community participation, and weak law enforcement that fails to produce a deterrent effect. Â