PENGATURAN RUANG TERBUKA HIJAU DI KOTA TARAKAN TERKAIT DENGAN UNDANG UNDANG NO. 26 TAHUN 2007 TENTANG PENATAAN RUANG

Abstract

Legal issues in this thesis are: (1) Distribution of Authority between the Government, Provincial Government and District / Municipal Management of green open space (RTH), (2) processes and mechanisms Regional Regulation Tarakan Formation of Green Open Space. This study is a normative approach to legislation and conceptual approaches. Results of the study are: (1) there is a difference between Law No. 26, 2007 on Spatial Planning, with Law No. 23, 2014 on Regional Government, Regency / City Government is only given authority in the Management of Forest Park (TAHURA), while the management of RTH widely be the Central Government Authority and the Provincial Government. (2) Related to Establishment of Regional Regulation on RTH based on Local Legislation Program (Prolegda) City Government of Tarakan 2015 refers to Law No. 12, 2011 and the Regulation of the Minister of the Interior No. 1, 2014 in accordance with the rules applicable legislation. Research recommends improvements: (i) Government Regulation of Law No. 23, 2014 on Regional Government, need to be clarified, where the provincial government is directed to the facilitation, coordination and synchronization, while the district /city governments as executor in the structuring, management and Empowerment RTH and (ii) in transition transitional authority in the green space sector needs to delegation of authority by keeping in mind the principles of good governance in order to avoid legal issues both from the aspect Abuse of Authority or beyond the authority of the Regent / Mayor.