Spatial Valorization Model Attached with Legal Power in The Attempt of Anticipating The Land Adequacy Crisis in The Context of Humanity Feasibility in Indonesia

Subekti, Rahayu and Handayani, I Gusti Ayu Ketut Rachmi and Karjoko, Lego and Astuti, Wida (2012) Spatial Valorization Model Attached with Legal Power in The Attempt of Anticipating The Land Adequacy Crisis in The Context of Humanity Feasibility in Indonesia. .

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    The objective of research is to map the existing condition of valorization used currently, to evaluate the spatial layout policy conducted. In this research, an Empirical Research on Law (ELR) method was used. ELR seeks to understand and to explain how law works in the real world (Martin Partington in C). The juridical empirical or non-doctrinal method was also used in this research. The approach used was sociological/empirical with nonpositivistic approach and qualitative analysis. The research was descriptive developmental in nature that gives a systematic description on the object studied, and then a model was arranged that could be developed to address the problems in the field. The research approach used was qualitative research approach. The research was taken place in Kutai Kartanagara of Kalimantan. The result of research and discussion on the existing condition of land use in Kutai Kartanagara Regency showed that the land was used for a variety of activities such as: mining, forestry, plantation, and farming activities. Considering these, there was an increased shift of land function over years. The economic factor contributed to the shift of land function because the more the populations come to the labor force, the higher the number of job opportunity needed, and these could be absorbed by those activities mentioned above, particularly mining, because mining had big power. The spatial layout policy made by Kutai Kartanagara Regency was built on the Article II of Act No. 26 of 2007 stating that the Regency Government is authorized to plan the regency/municipal spatial layout; to use the regency/municipal space, and to control the use of regency/municipal space, and also on the Article 14 (letter b) of Act no. 32 of 2004 about the Local Government in which the spatial layout planning, utilization and supervision were the authority of local regency government. The implementation of such the authority was put into RTRW of Kutai Kartanagara Regency, in which there was a general provision of zoning rule regarding the utilization control. However, the Kutai Kartanagara Regency had not had Local Regulation about zoning, as mandated by the Article 36 of clause (3c) of Act No. 26 of 2007 that the local regulation of regency zoning is established by the Regency/Municipal local regulation. Actually, draft local regulation about zoning in Kutai Kertanegara Regency had existed but it had not been ratified yet because that about East Kalimantan had not been established yet. In this research the research recommended the government of East Kalimantan province to develop Local Regulation on the spatial zoning immediately so that the zoning local regulation of Kutai Kertanegara Regency could be stipulated immediately.

    Item Type: Article
    Subjects: K Law > K Law (General)
    Divisions: Fakultas Hukum
    Depositing User: Lynda Rahmawati
    Date Deposited: 17 Apr 2014 22:46
    Last Modified: 17 Apr 2014 22:46

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