The Legal Implications For The Community That Owns Buildings on The Ground In The Civic Center Area of South Central Timor Regency are Reviewed From Law Number 26 Of 2007 Concerning Spatial Planning

Abstract

This research is motivated by the inconsistency of spatial utilization in the Civic Center area of ​​South Central Timor Regency, which is legally designated as the center of regional government, but in reality is used by the community as a residential area and business premises. This condition raises legal issues related to spatial utilization, land ownership, and the protection of community rights to the land they occupy. This study aims to examine the legal implications of the inconsistency of spatial utilization by the community in the Civic Center area of ​​South Central Timor Regency in terms of Law Number 26 of 2007 concerning Spatial Planning. The type of research used is empirical legal research with a sociological juridical approach. Data were obtained through interviews with the Regional Government of South Central Timor Regency and literature studies consisting of primary legal materials and secondary legal materials. The data obtained were then analyzed descriptively qualitatively based on applicable legal provisions. The results of the study indicate that the community continues to construct buildings and inhabit the Civic Center area even though the area has been designated as the center of regional government. This condition occurs due to weak regional government supervision, years of neglect, community economic needs, and a lack of public understanding of spatial planning regulations. This inconsistency in spatial use has legal implications in the form of administrative sanctions and even building demolition due to the use of space not being in accordance with the regional spatial plan. Furthermore, land ownership by the community in the Civic Center area lacks legal certainty if it is not supported by a valid legal basis and is in conflict with spatial planning provisions. However, legal responsibility in this matter lies not only with the community but also with the local government, which has been less than optimal in supervising and controlling spatial use. Therefore, the local government needs to improve supervision, law enforcement, and implement fair solutions through persuasive approaches, legal outreach, relocation, and providing temporary lease opportunities for residents who have long occupied the area to ensure legal certainty, order, and justice in spatial use.