IMPLEMENTATION OF SPATIAL USE CONTROL INSTRUMENTS: A JURIDICAL ANALYSIS OF ADMINISTRATIVE SANCTIONS FROM THE PERSPECTIVE OF LEGAL CERTAINTY

Syafil Warman (Universitas Alwashliyah Medan)
Umi Khairiah (Universitas al-azhar)
Parlindungan Simanjuntak (Universitas Alwashliyah)

Journal of International Islamic Law, Human Right and Public Policy
Vol. 2 No. 4 (2024): December

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.