Journal of International Islamic Law, Human Right and Public Policy
Vol. 1 No. 1 (2023): March

IMPLEMENTATION OF LAND USE MANAGEMENT PRINCIPLES FROM THE PERSPECTIVE OF SPATIAL PLANNING LAW TO REALIZE SOCIAL JUSTICE

Nurhimmi Falahiyati (Universitas Alwashliyah)
Akiruddin Ahmad (Universitas Alwashliyah)
Wardatul Husna (Universitas Alwashliyah)
Aswan Halomoan Lubis (BBPJN SUMUT)



Article Info

Publish Date
30 Mar 2023

Abstract

Land is a strategic and limited resource whose utilization must balance economic development, environmental sustainability, community rights, and social justice. In Indonesia, the implementation of land-use management within the spatial planning framework continues to face challenges, including land-use conversion, unequal land control, overlapping spatial utilization permits, weak institutional coordination, limited community participation, and ineffective law enforcement. This study aims to analyze the implementation of land-use management principles, particularly sustainability, optimality, and harmony, from the perspective of spatial planning law and to examine the effectiveness of government supervision and law enforcement in protecting community land and economic rights. This study employs a normative-juridical legal research method using a statute approach and a conceptual approach. Secondary legal materials were collected through a systematic literature review and analyzed using descriptive-qualitative legal analysis, supported by systematic, grammatical, and teleological legal interpretation. The findings indicate that the implementation of land-use management principles has not functioned optimally due to the dominance of short-term economic interests, sectoral institutional fragmentation, inconsistencies between spatial plans and actual land utilization, weak supervision, overlapping permits, and inadequate community participation. These conditions may result in land-use conflicts, environmental degradation, and marginalization of vulnerable communities. The study concludes that achieving social justice requires stronger synchronization between land-use regulation and spatial planning, integrated institutional coordination, meaningful public participation, consistent enforcement of spatial planning sanctions, and protection of the social and ecological functions of land. Strengthening the One Map Policy and prioritizing equitable access to housing, sustainable agricultural land, and public green spaces are essential to realizing socially just and sustainable land governance.

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Journal Info

Abbrev

ojs

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

This journal emphasizes specifics in the discourse of Islamic Law and Humanity, as well as communicating actual and contemporary research and problems related to Islamic studies. This journal openly accepts contributions from experts from related scientific disciplines. All articles published do not ...