Legal Political of Aceh Sustainable Spatial Reconstruction Based on Local Wisdom of Mukim Customary Legal Community

T. Nazaruddin, Rachmad Safa’at, Moh. Fadli, I Nyoman Nurjaya

Abstract


Ideal construction and existing legal politics spatial planning based on local wisdom is implicitly stated in Article 18B clause (1) and (2), as well as regulations the national legislation and in particular Act No. 44 of 1999, Act No. 18 of 2001 in conjunction with Act No. 11 of 2006, which has special powers and special autonomy in Aceh. Law Ideology of Qanun Aceh No. 19 of 2013 on Spatial Planning Aceh province Years 2013-2033 (abbreviated Qanun RTRWA), is inseparable from the ideology of legal centralism based on national spatial planning systems that become directives, reference or guidance in the formulation and establishment of RTRW province, the setting of spatial hierarchical and formalistic. According to the fact, the problem formulation refers to whether the  reconstruction of legal policy of sustainable spatial planning of Aceh based on local wisdom of the customary legal community of Mukim. This normative legal uses interpretative method.  This study shows the legal policy of  Qanun RTRWA based sustainable spatial planning neglect indigenous customary law community of Mukim, more oriented to economic interests by marginalizing the value system and interests of indigenous communities Mukim. Qanun RTRWA legal political reconstruction based on local wisdom  of Mukim customary law community.

Keywords: Reconstruction, Legal policy, Spatial planning, Local wisdom, Mukim customary legal community


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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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