Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Legal Idealism and Implementation: An Analysis of the Gap Between Environmental Policy and the Local Regulation in Indonesia

Author(s): Edy Lisdiyono

This study seeks to analyse the philosophical ideas and objectives of legalization of environmental law in the form of spatial policy, which is legislated within the national scope, with its implementation in the local sphere. Using the study of qualitative research and socio legal approach techniques, this study attempts to describe the orientation change of the philosophical idea of environmental law and spatial regulation by the central government to its practical application at the local regulatory level, which often clashes directly with various industrial, business interests, housing, and settlements and other spatial usage. In addition, to analyse more concretely, this study took the case object of Semarang City in Central Java. The results of this study indicate that the initial and philosophical goals of spatial policy enactment may change locally through conflict of interests and structural, legal, economic and political issues. More specifically within the scope of Semarang City, this change in policy direction is heavily influenced by economic and business considerations. The findings are expected to provide a more meaningful discourse and policy direction for policymakers in realizing the implementation of laws related to the environment in a more synchronous, effective and balanced. The originality of this research lies in the attempt to provide concrete evidence of a shift in legal orientation, by taking environmental law cases.

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