Legal Aspects of The Utilization of Industrial Areas in Relation to Sustainable Natural Resources

Abstract

Constitutionally, the power to manage natural resources owned by the state is stated in Article 33 paragraph (3) of the 1945 Constitution. The purpose of this research is to determine and analyze the legal aspects and legal consequences of the use of the Industrial Designation Area (KPI) in relation to sustainable natural resources in Kudus Regency. The method used is qualitative using a sociological legal approach. Data sources were obtained through interviews, observations, and documents in both written and photographic forms. The results of the study can be concluded: 1) DPMPTSP Kudus Regency continues to carry out assessments or verifications related to industry, especially high and medium-high risk industries in accordance with PP No. 21 of 2021 concerning the Implementation of Spatial Planning. To provide legal certainty to business actors, the Kudus Regency Government has issued Kudus Regency Regulation No. 34 of 2022 which regulates the Implementation of the Approval of Suitability of Spatial Utilization Activities (PKKPR) for non-business activities and Spatial Planning Technical Studies (KTTR). 2) Business actors must use the Spatial Planning Plan (RTR) as the basis for business licensing, because one of the basic requirements for business licensing is the Issuance of Confirmation of Suitability of Spatial Utilization Activities (KKPR). Regarding the implementation of Spatial Planning, one of the Government's breakthroughs is the RTR which is used as a Single Reference for the basis for KKPR licensing. In the Online Single Submission Risked Based Approach (OSS-RBA) System, there is no KTTR, so if the UMK business actor then he will do self-declare. When Perbup No. 34 of 2022 has been stipulated, KTTR is only supporting data, so supporting data is not mandatory, and is not at the same level as KKPR but helps in Controlling Spatial Utilization as a consideration.