Spatial Law - This article provides a simple explanation of the concept and objectives of spatial planning law. Spatial planning law is the foundation for planned and sustainable development in a region. By regulating land use and development, spatial planning law ensures that natural resources and the environment are well maintained. In addition, spatial planning law also establishes guidelines for regional planning and infrastructure development that take into account the interests of all stakeholders.

In simple terms, Space can be defined as a place on land, sea, and air, including what is inside the earth, which forms a unity where humans and other living things live, carry out activities and maintain their survival. Examples of Space are city parks, residential environments, office environments, industrial areas, seas, forest areas and so on.

In order to support its function of providing a place to live and maintain the survival of humans and other living things, Space must be arranged in such a way that it does not endanger humans, other living things and the environment as a whole. As far as possible, the existing Space can improve the quality of life.

Spatial Planning Concept

Law Number 26 of 2007 concerning Spatial Planning, in Article 1 Number 5, explains that Spatial Planning is a system, which consists of three aspects, namely Spatial Planning, Space Utilization, and Control of Space Utilization.

1. Spatial Planning

Article 1 Number 13 of the Spatial Planning Law explains that Spatial Planning is a process to determine the Spatial Structure and Spatial Pattern. Then what is meant by spatial structure and pattern?

Spatial Structure is the arrangement of settlement centers equipped with a network system of infrastructure and facilities that function to support the socio-economic activities of the community. So, the Spatial Structure consists of settlement centers and a network system of infrastructure and facilities. For example, an industrial area in which there is a network of roads, a network of railway tracks, a network of electricity, a network of telephones, a transmitter station, culverts, water channels, clean water pipe channels, and so on.

Meanwhile, Spatial Pattern is the distribution of space allocation in a region. Whether the allocation is for protection functions or for cultivation functions. The spatial pattern is divided into two, namely Protected Areas and Cultivation Areas.

Spatial Planning is a combination of the Spatial Structure and Spatial Pattern that exist in an area. Spatial Planning is carried out through the preparation and stipulation of a Spatial Plan. Therefore, Spatial Planning produces a document called the Spatial Plan.

2. Space Utilization

Article 1 Number 14 of the Spatial Planning Law explains that Space utilization is an effort to realize the spatial structure and spatial pattern in accordance with the spatial plan through the preparation and implementation of programs and their financing.

Space utilization is realized through the Development Plan. So, after the Spatial Plan is completed, Space may be utilized in accordance with what is stated in the Spatial Plan. For example, where we can build residential areas, where we can build roads, where locations cannot be built, etc.

In simple terms, Space Utilization is a form of realization of the Structure and Pattern of Space in accordance with the Spatial Plan.

However, in reality, not everyone obeys what is in the Spatial Plan in Space Utilization. So, to ensure that Space Utilization runs in an orderly manner, Space Utilization Control is carried out.

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.