THE POLITICAL LAW OF FORESTRY SPATIAL PLANNING BASED ON CLIMATE CHANGE TO REALIZE SUSTAINABLE DEVELOPMENT IN INDONESIA

Abstract

This article examines Legally Law Number 32 of 2009 concerning the Protection and Management of the Environment as a positive law for environmental regulation has revoked the previous law, but scientifically, the teachings contained in the previous law should still be adhered to and become the basis for Law Number 32 of 2009 concerning Environmental Protection and Management. The impact of the absence of current environmental regulations occurs in regulations related to natural resources including forests that use a sectoral approach and overlapping regulations with other sectors that require land such as mining, agriculture, plantations and other development sectors. This opens up opportunities for misuse of granting forest and land concession permits and has an impact on legal uncertainty and then One form of the government's difficulties from a legal aspect was seen when the President of the Republic of Indonesia issued a Presidential Instruction regarding the Postponement of the Granting of New Permits and Improvement of Governance of Primary Natural Forests and Peatlands. Basically this instruction gives directions to the Central Government, Provincial Government and Regency/City Government to postpone permits according to the authority obtained through attribution law. However, from a legal perspective, the Presidential Instruction is not a form of statutory regulation regulated in law, so this shows that there is no legal instrument that can regulate environmental problems, especially with regard to the management of natural resources in one system.