Journal of Constitutional Law Society (JCLS)
Vol. 5 No. 2 (2026): September

INTEGRATED ENVIRONMENTAL LAW POLICIES AND SPATIAL CONTROL FOR FLOOD MITIGATION

Refi Meidiantama (Universitas Lampung)
Ahmad Irzal Fardiansyah (Universitas Lampung)
Maya Shafira (Universitas Lampung)
Bhanu Prakash Nunna (RV University)
Dita Trijayanti (Universitas Lampung)



Article Info

Publish Date
24 Sep 2026

Abstract

Flooding in Bandar Lampung City stems not only from natural factors but also from environmental crime and weak spatial utilization control. This study contributes originally by situating environmental crime policy and spatial control within a constitutional and administrative law framework, an angle not yet developed in existing flood-mitigation literature on the city. It analyzes environmental crime control and spatial utilization policies in flood mitigation and normatively examines their enforcement effectiveness, focusing on how penal and non-penal measures address environmental crime, spatial violations, and administrative violations, and how enforcement functions in spatial control. This normative legal research applies statutory and conceptual approaches, analyzing primary, secondary, and tertiary legal materials qualitatively. Results show penal measures apply criminal provisions in environmental and spatial planning law while adhering to the ultimum remedium principle under Article 613 of Law Number 1 of 2023 on the Criminal Code, treating criminal sanctions as a last resort applied only after administrative instruments prove ineffective, consistent with the state's constitutional duty under Article 28H(1) of the 1945 Constitution to guarantee every person's right to a good and healthy environment. Non-penal measures involve strengthening spatial planning policy, licensing supervision, conservation-area protection, environmental rehabilitation, and community participation. Applying Soerjono Soekanto's theory of law enforcement effectiveness, normative-documentary analysis finds enforcement of environmental crime and spatial control in Bandar Lampung City has not been optimal, with the law enforcement factor as the most problematic dimension, particularly due to persistent obstacles in monitoring and in consistently imposing sanctions against environmental and spatial utilization violations.

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Journal Info

Abbrev

jcls

Publisher

Subject

Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Journal of Constitutional Law Society (JCLS) is an international journal in the field of constitutional law. JCLS does not rule out accepting scientific articles in State Administrative Law, Government Science, Political Science, International Relations, as long as the scientific studies are related ...