Implementation of Spatial Planning on The Utilization of Upper and Underground Spaces in An Environmental Context Based on Dignified Justice

Abstract

Management of upper and lower spaces in Indonesia is an important component in efforts to achieve community welfare. In this context, the government has the responsibility to provide adequate infrastructure and facilities to support sustainable and balanced development, in accordance with the principles of the Welfare State. This research aims to analyze the principles of spatial planning from the perspective of identified justice, as well as identifying weaknesses and obstacles in the implementation of the Spatial Planning Law Number 26 of 2007 which relates to environmental management. The research method used is a literature study with a normative juridical approach, involving analysis of legal documents, scientific literature and government policies related to spatial planning. The research results show that community participation in the spatial planning process is crucial for creating a safe, comfortable, productive and sustainable national territory. However, this research also identified weaknesses in the implementation of the Spatial Planning Law, including a lack of firmness in law enforcement against spatial planning violations and the dominance of political decisions in the spatial planning process. In addition, this research highlights the need for legal harmonization to overcome conflicts between legal norms and increase the effectiveness of spatial planning law enforcement. The novelty of this research lies in an in-depth analysis of the concept of recognized justice in the management of upper and lower spaces, as well as offering solutions in the form of legal harmonization to improve law enforcement and overcome norm conflicts, which have not been widely discussed in spatial planning studies. In conclusion, the management of upper and lower spaces must be based on the principle of recognized justice and involve active community participation, with policies oriented towards legal certainty, legal benefits and justice to create integrated, harmonious and sustainable spatial planning.