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All Journal Batulis Civil Law Review
Abrar Saleng
Fakultas Hukum Universitas Hasanuddin, Makassar
Law, Crime, Criminology & Criminal Justice

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Mekanisme Pemberian Izin Mendirikan Bangunan Bagi Pembangunan Perumahan Zegovia Parera; Abrar Saleng
Batulis Civil Law Review Vol 2, No 2 (2021): VOLUME 2 NOMOR 2, NOVEMBER 2021
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v2i2.736

Abstract

This study aims to identify and analyze statutory regulations related to building permits for the implementation of the conversion of protected areas into residential buildings and to analyze the control of spatial use of housing development in Merauke District. This research is an empirical legal research. This research was conducted at the Legal Division of the Merauke Regency Regional Secretariat, the Spatial Planning Section of the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency of Merauke Regency, the Public Works and Spatial Planning Office of Merauke Regency, developers, and residential communities. The results of this study indicate that the laws and regulations related to building permits on the implementation of housing development are an obligatory affair of the regency / city government, in this case the management of buildings, which includes setting up building permits (IMB) and certificates of eligibility for building functions (SLF). new. As well as the implementation of the function change of protected areas in Samkai Village is not in accordance with the current spatial direction. For this reason, the local government of Merauke Regency is within its authority to regulate and balance the arrangement of buildings in conservation areas and water catchment areas so that the community has permits to build buildings according to the regulations. And Controlling Spatial Use of Housing Development in Protected Areas Local governments still face various obstacles / obstacles, namely not having a regional regulation on a strategic plan (renstra) for protected areas so that the government has not been able to provide certainty to the public regarding the activity plan and financing of the housing location. Supervision and control are still passive in nature because they are only based on complaints and are not carried out regularly. Most of the land in the protected area belongs to the private sector and the community, so that control is limited to an appeal.
Pemanfaatan Lahan Kawasan Hutan Lindung Oleh Masyarakat Hukum Adat, Masyarakat Lokal, dan Masyarakat Dari Luar Kawasan Sri Rahayu Muh.Saleh; Abrar Saleng; Kahar Lahae
Batulis Civil Law Review Vol 3, No 2 (2022): VOLUME 3 NOMOR 2, NOVEMBER 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i2.832

Abstract

This study aims to find out and examine how the land use of protected forest areas by the community in East Luwu Regency is used. This study uses an empirical juridical method, using a qualitative approach, on all legal principles/rules of law, both material law and how these provisions are confronted in a fact/reality that occurs in the field. The results of this study indicate that the use of protected forest areas by the community in East Luwu Regency is divided between customary law communities, local communities, and people from outside the area. There is injustice for indigenous peoples in fulfilling the quality of their economy, because they do not yet have a designated area, the existence of their customary forest is disturbed by looting and illegal logging carried out by people outside the area. Meanwhile, local communities often receive warnings when using forests because the boundaries of the areas they can use are not clear. Communities outside the area who encroach on protected forests which are unlawful acts. Community conflicts outside the area, in this case corporations, also conflict with the interests of indigenous peoples and local communities because their interests or rights are disturbed between one another.
Co-Authors Kahar Lahae Sri Rahayu Muh.Saleh Zegovia Parera