Harmonisasi Pengaturan Kesesuaian Kegiatan Pemanfaatan Ruang (KKPR) dalam Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum

Auliya, Felicia Dzurriyatul (2026) Harmonisasi Pengaturan Kesesuaian Kegiatan Pemanfaatan Ruang (KKPR) dalam Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

The regulation of Spatial Utilization Suitability (Kesesuaian Kegiatan Pemanfaatan Ruang, KKPR) plays a central role as an instrument for controlling spatial utilization and as a key linkage between the spatial planning regime and the land acquisition regime for development in the public interest. The enactment of Article 49A paragraph (1) letter a of Government Regulation Number 39 of 2023, which stipulates that, after the issuance of the location determination decision, KKPR is no longer required, raises legal issues in the form of potential disharmony with the Land Acquisition Act, the Spatial Planning Act, and the Job Creation Act, all of which actually strengthen the role of KKPR. Based on this context, the research formulates two main problems: (1) the implications of the removal of KKPR requirements from legislation on the control of spatial utilization in land acquisition for development in the public interest; and (2) how to harmonize the legislation governing KKPR requirements in land acquisition for development in the public interest. This research is a normative legal study employing a statute approach and a conceptual approach. Primary legal materials consist of the Basic Agrarian Law, the Land Acquisition Act, the Spatial Planning Act, the Job Creation Act, Government Regulations Nos. 19 of 2021, 39 of 2023, 21 of 2021, and their implementing regulations. Secondary legal materials include legal textbooks, journal articles, theses, and other scholarly works, while tertiary legal materials comprise legal dictionaries and legal encyclopedias. The data are analyzed qualitatively using a descriptive-analytical method to construct systematic legal arguments. The findings of this research show, first, that the removal of KKPR requirements after the location determination under Government Regulation No. 39 of 2023 weakens the function of spatial utilization control, creates legal uncertainty, and potentially contradicts the statutory obligation to ensure conformity of land acquisition and spatial utilization with spatial plans (RTRW) as mandated by the Land Acquisition Act and the Spatial Planning Act. This leads to a reduced effectiveness of checks and balances mechanisms, an increased risk of uncontrolled spatial utilization, and potential harm to the environment and community rights. Second, harmonization of KKPR regulation must be pursued by realigning norms at the level of government regulations with the principle of lex superior derogat legi inferiori, inter alia by revising Article 49A of Government Regulation No. 39 of 2023, strengthening cross-references with Government Regulation No. 21 of 2021, reinforcing the substantive role of KKPR in every stage of land acquisition, issuing technical guidelines that integrate KKPR verification results into location determination decisions, and, where necessary, initiating judicial review before the Supreme Court and applying conformity-oriented interpretations by implementing authorities.

Item Type:

Thesis (Undergraduate)

Contributors: