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65 J.L. Pol'y & Globalization 70 (2017)
Regulation of Regional Plan Based on Ecological Sustainability in National Development

handle is hein.journals/jawpglob65 and id is 72 raw text is: 



ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.65, 2017


        Regulation of Regional Spatial Plan Based on Ecological
                      Sustainability in National Development

                    Rachmad  Safa'at*   I Nyoman  Nurjaya2    Istislam    Laksminarti3
                    1.Postgraduate Program of Law Faculty, Brawijaya University, Malang
                    2.Professor of Anthropology of Law, Brawijaya University, Malang
               3.Doctorate Candidate of Law Faculty, Brawijaya University, Malang, Indonesia

Abstract
Implementation of Development  in relation to the environment and spatial planning which tends to be unplanned
and unsustainable has impacted  on the declining quality and function of the environment including natural
resources in it. Spatial planning formulates efforts to attempt to formulate optimum spatial land use and efficient
spatial planning for human business activities in its territory, in the form of sectoral, local, private, community
development  that wants and can be achieved within a certain period of time. When talking about the arrangement
of spatial plans there is a regulation on a spatial arrangement that has not been based on ecological sustainability
and contains a blurring of meaning. The method used in this research is normative law research. By undertaking
such assessment steps: identifying legal facts; Collection of materials; Reviewing legal issues; Draw conclusions
and provide prescriptions based on arguments that have been built in conclusions. The results showed that to
overcome  the deterioration of environmental quality required the moral commitment of the government when
issuing policies or regulations related to spatial planning must apply three main principles of good policy that is:
a. Collational Relational Principle, b. Participatory-Responsive Principles, c. Principles of Morality.
Keywords:  Spatial Planning, Ecological Sustainability, National Development

1.  Introduction
Space is a natural resource that can be utilized in general which can be exploited if its utilization exceeds its
carrying capacity and is a container where the overall interaction is not automatically taking place in a balanced
and mutually beneficial various parties because of the existence of different capabilities and interests so that the
necessary arrangement in the utilization.
     As for which is the basis of thought, the reasons underlying the need for spatial arrangement or in the theory
commonly   referred to as Philosophical Foundation that is':
1.  The  space of the Republic of Indonesia with its ecosystem diversity is a natural resource that needs to be
    managed  and protected for the welfare of human life (across generations)
2.  The  management  of natural resources (space, land, sea, and air) needs to be carried out in a coordinated and
    integrated with environmentally friendly development resources.
3.  For  the sake of realizing a unity of dynamic environmental order and still maintain the preservation of
    environmental  functions or capabilities. This means to realize the national development environmentally
    sound.
4.  For the sake of maintaining harmony  in the implementation of inter-regional authority with regional and
    inter-regional and central, so as not to cause gaps, both between regions and between centers and regions.
5.  To  realize space (as a container) that will be comfortable, productive and sustainable.
6.  Disaster mitigation, especially natural disasters as an effort to improve the safety and comfort of life and
    human  livelihood.
    These  six principles are the Philosophical Foundation which is a unity that shows how  important the
arrangement  of space is held for the utilization and maintenance of natural resources in an optimal  and
sustainable. Therefore, spatial arrangements at all levels, national, provincial, and district/city must always be
inspired by the rationale as a whole.
     Space as a place also known as ruimte (Netherland), Space (English), Raum (Germany) and Spatium (latin)
are firstly defined as plane (planum-plenology) which in its later development has three dimensions and means
residence (Dwelling  house) that should be  arranged, as well as possible for the happiness, welfare  and
sustainability of mankind2.
     Spatial planning with the emphasis on arrange is the arrangement of the spatial arrangement of a region/
egion (area) so as to create requirements that are economical, sociocultural and political useful and beneficial to
the development of society3.
     With this emphasis expected to develop the function of the state mandated in Article 2 paragraph (2) Basic


'A.M. Yunus Wahid, Pengantar Hukum TataRuang. Jakarta. Prenadamedia Group. 2014. P.,15.
2 A.M. Yunus Wahid, Pengantar Hukum Tata Ruang. Jakarta. Prenadamedia Group. 2014 P., 58.
'Ibid., 58


70


Journal of Law, Policy and Globalization


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