A Juridical Study on the Revocation of Local Regulation Number 15 of 2013 About Coastal Reclamation in Bangkalan Regency Area

Abstract

This study is based on the doctrinal legal research; it employs law approach in the sense of law in the book. However, the approach of empirical law is also applied to obtain precise answer and detailed information, resulting in confirmation to the information got. This is to propose the problem solving to the cases of the repeal of the Local Regulation No. 13 Year 2015 about coastal reclamation in Bangkalan Regency. The change of coastal management authority has strong implication on the need of the repeal of the Local Regulation, Bangkalan Regency pertaining to coastal reclamation policy. For that reason, the government of Bangkalan Regency has an obligation to implement Law No 23 Year 2014 and Law No 27 Year 2007 jo. Law No 1 Year 2014 about coastal area management and small islands. The current research demonstrates that (1) the shift of the government authority stated in Law No. 23 Year 2014 about the Local Government, especially in marine issues, leads to the confer of all marine license become province government authorities, including the license of the use of natural resources in coastal areas and small islands, (2) referring to the Local Regulation No 1 Year 2018 about the plan of coastal area zonation and small islands, East Java Province, the basic change on the government authorities ruled in Law of local government in which the local government has no authority anymore to make the plan to the coastal area zonation and small islands. Therefore, all activities related to the use of coastal areas are controlled by the government of East Java Province. The repeal of the local regulation No 13 Year 2015 is obviously taken to avoid the law and regulation disharmony horizontally and vertically pertaining to the coastal area management.