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22 J. Legal Ethical & Regul. Isses 1 (2019)
The Nuisance Ordinance in the Establishment of Commercial Buildings and Legal Enforcement of Spatial Planning at the Regional Government Level

handle is hein.journals/jnlolletl22 and id is 1102 raw text is: Journal of Legal, Ethical and Regulatory Issues THE NUISANCE ORDINANCE IN THE ESTABLISHMENT OF COMMERCIAL BUILDINGS AND LEGAL ENFORCEMENT OF SPATIAL PLANNING AT THE REGIONAL GOVERNMENT LEVEL Rofi Wahanisa, Universitas Diponegoro Arief Hidayat, Universitas Diponegoro Bayu Dwi Anggono, Universitas Jember ABSTRACT This study seeks to explore the efforts in managing business buildings which in Indonesia is required to have a disturbance permit, by taking a case study in the city of Semarang, regulated in the Semarang City Regional Regulation No. 20 of 2011 concerning the Nuisance Ordinance. This study uses a descriptive-qualitative method with a sociological juridical approach. The results of the study show that the implementation of the Nuisance Ordinance, especially in the establishment of business buildings in Semarang City needs a more stringent supervision and control by the government regarding the establishment of business buildings. This highlights the importance of data collection and supervision that should be carried out by local governments in spatial planning at the local level. Keywords: Regional Regulations, Spatial Planning, The Nuisance Ordinance, Licensing, Legal Supervision, Commercial Buildings. INTRODUCTION Regional economic development is directed at spurring equitable development and its results are in order to improve people's welfare, and active participation of the community and to improve the utilization of optimal and integrated regional potentials in fulfilling real, dynamic, harmonious and responsible regional autonomy and strengthening unity (Firman, 2009). Economic development also affects economic growth as a process in increasing production from economic life and causing an increase in national income (Jayadinata, 1996). The development carried out by the state needs support from the spatial planning aspect (Hudalah & Woltjer, 2007), because spatial planning is needed to create a safe, comfortable, productive, and sustainable national territory space (Firman, 2004). Efforts made by the government to curb spatial planning in Indonesia, among others, through efforts to control space use systematically through zoning regulations, licensing, providing incentives and disincentives, and sanctions. Sanctions in the Law No. 24 of 1992 concerning Spatial Planning consist of administrative sanctions and criminal sanctions. The imposition of sanctions in the law is not only given to space users who are not in accordance with the provisions of spatial use, but also imposed on authorized government officials who issue permits for spatial use that are not in accordance with the spatial plan. 1544-0044-22-6-436 Volume 22, Issue 6, 2019

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