3. Control of Space Utilization

Article 1 Number 15 of the Spatial Planning Law explains that Control of space utilization is an effort to realize spatial order.

The purpose of Space Utilization Control is to ensure spatial order. Space Utilization Control is carried out, among other things, through zoning regulations, licensing, provision of incentives and disincentives, and law enforcement.

Objectives of Spatial Law

As we know, law in general has three functions, namely to provide legal certainty, to achieve justice and also for benefit. In the case of Spatial Planning, spatial law also provides these three functions.

First, of course, to provide a legal basis or legality for planning, utilization and control of space utilization. Thus, the implementation of spatial planning has legal certainty.

The second objective is to provide coercive power in adhering to spatial planning and efforts to control space utilization.

The third is to prevent damage and/or pollution of the environment due to the absence of spatial planning or poor utilization and control of space utilization.

Spatial Law regulates that spatial planning achieves three objectives, namely certainty or legality, benefit and justice. Justice here includes social justice and environmental justice.

Social justice refers to efforts to ensure the fair distribution of resources and social benefits to all members of society. In the context of spatial planning law, social justice includes aspects such as equal access to land and public facilities, fulfillment of basic needs such as housing, education, and health services, as well as equal opportunities for all citizens to develop their potential. With social justice, it is hoped that no groups or individuals will be marginalized or not have equal access to resources and opportunities.

Environmental justice relates to the fair treatment of the environment and natural sustainability. This includes understanding that every individual and community has the right to live in a healthy and sustainable environment. In the context of spatial planning law, environmental justice refers to the fulfillment of these rights without sacrificing environmental sustainability. This means that the development and management of space must take into account its impact on the environment, as well as ensure that decisions taken consider long-term interests and sustainability for future generations.

In implementing the principles of social and environmental justice in spatial planning law, it is important to ensure that decisions related to spatial planning take into account the needs and interests of all stakeholders, including groups that may be vulnerable or marginalized. This also includes avoiding socio-economic inequalities that may arise as a result of spatial planning policies or practices that do not pay attention to social and environmental justice.

The regulation of spatial law in Indonesia is regulated in Law Number 26 of 2007 concerning Spatial Planning, some of whose provisions were amended by Law Number 11 of 2020 concerning Job Creation. The implementation of Spatial Planning is regulated in more detail in Government Regulation Number 21 of 2021. There are also Government Regulations and Presidential Regulations related to Spatial Planning. However, with the changes to Law Number 26 of 2007 then the legislation will also be amended.