TINJAUAN YURIDIS TERHADAP IZIN MENDIRIKAN BANGUNAN DI DAERAH DEKAT OBJEK VITAL NASIONAL DITINJAU DARI HUKUM PENATAAN RUANG

Authors

  • Arbi Nurcahyanto Universitas Narotama Surabaya, Indonesia
  • Moh. Saleh Universitas Narotama Surabaya, Indonesia

Keywords:

Licensing, Spatial Planning Law

Abstract

Pertamina's oil storage site is a National Vital Object because of its dangerous location and is required to be sterile from residential areas. Poor coordination between spatial planning managers and local governments has resulted in the accumulation of residential areas near the depot. Based on this background, the author examines the licensing requirements for constructing buildings and the responsibilities of officials in issuing permits to construct buildings that do not comply with spatial planning. This type of research is Normative Legal Research. Building Approval, hereinafter abbreviated as PBG, is a permit given to building owners to build new, change, expand, reduce and/or maintain buildings in accordance with building technical standards. Registration is carried out by the Applicant or Owner via SIMBG. The Applicant or Owner submits information regarding the Applicant's data or the Building Owner's data; and technical plan documents. As for the technical plan document itself, it consists of several documents, namely the Architectural Plan Document, Utility Plan Document, Structure Plan Document and. Building Engineering Specifications Document. Discretion is free authority, discretion is attached to position. As something that is attached to the position, the use of discretion is basically in the context of carrying out the authority of the position and public service. In other words, when a government official uses discretion, he is acting for and on behalf of his position. Government officials who use discretion, as long as the action is carried out within the formal sphere of authority or carried out in the context of carrying out the authority of the position, all consequences that arise will be the responsibility of the office.

Downloads

Published

2024-01-01