Copyright © 2022 Journal Equity of Law and Governance Page 58
Journal Equity of Law and
Governance
Vol. 2, No. 1, April 2022, 58-68
P ISSN: 2775-9512
https://www.ejournal.warmadewa.ac.id/index.php/elg
The Function of Legal Theory in the Establishment of Regional
Regulation of Sustainable Spatial Based on Local Wisdom
Made Wiryani
madewiryani60@gmail.com
Ni Made Jaya Senastri
nimadejayasenastri@gmail.com
Fakultas Hukum, Universitas Warmadewa
Published: 01/04/2022
Wiryani, M. & Senastri, N. M. J. (2022). The Function of Legal Theory in the Establishment of Regional
Regulation of Sustainable Spatial Based on Local Wisdom. Journal Equity of Law and Governance,
2(1), 58-68.
ABSTRACT - This study aims to analyze the function of legal theory in the regional regulation
establishment. Applying a normative legal research method, a conceptual approach to reveal the
problem of how the function of legal theory and sustainability principle and also local wisdom in the
establishment of regional regulations on spatial planning. The collected legal materials were analyzed
by means of the Theory of Legislation, namely the regulation has a legal, sociological, and
philosophical basis of validity; The theory of the legal system, namely the characteristics of the law of
validity, efficacy, and acceptance and the theory of ecological sustainability which bring together the
development and the environment through principles which are contained in adaptive policies. The
results of this study show that the function of legal theory in the establishment of a regional regulation
is as a basis for formulating substance to comply with legal principles and the function of the principle
of sustainability and local wisdom in spatial planning is to ensure protection of the use of space for
human life in the present and in the future.
Keywords: Legal Theory, Principles of Sustainability, Establishment of Regional Regulations, Spatial
Planning, Local Wisdom
I. INTRODUCTION
The environment, both physical, biological and social, is a basic human need because humans
can optimally fulfill their life needs, depending on the environment. The 1945 Constitution of
the Republic of Indonesia (hereinafter referred to as UUDNRI 1945) in Article 28H mandates
that a good and healthy environment is the basic right of every Indonesian citizen. The idea of
good environmental management as an effort to put forth the protection of environment is a
consequence of human activities that can have bad consequences and can affect various
dimensions of human life and the environment which can be in the form of environmental
destruction or pollution. The occurrence of environmental damage is in fact caused more by
human behavior who explores natural resources that are only economically oriented without
paying attention to the carrying capacity and sustainability of environmental functions for life
on this earth. The way of thinking of humans in the modern era is still very pragmatic. The
influence of the times and modernization that is currently happening can affect the way
humans perceive environmental management. The importance of environmental carrying
capacity will be related to the efforts made by the government and society to save the