Legal Arrangements for Sustainable Development of Human
Resources in the Framework of the Welfare of the Indonesian People
Syofia Marlianti Tambunan and Khalimi
Pascasarjana Program Doktoral, Universitas 17 Agustus 1945 Jakarta, Indonesia
Keywords: Legal Arrangements, Demographic Bonus, Sustainable Development.
Abstract: To ensure its achievement, the concept of sustainable development must be integrated into the development
process contained in laws and regulations related to national development. Achieving one of the basic
foundations of establishing the Indonesian state as a protector of the rights of all societal components
necessitates relating the integrated concept of sustainable development to fulfilling such obligations. Fulfilling
this duty inherently necessitates that the government safeguard the environment, as access to clean air, water,
and land represents a fundamental requirement which each member of the populace inherently deserves in
order to experience an adequate quality of life. Environmental protection is also a concern in the constitutional
mandate regarding citizens' rights, which is the government's duty to ensure its sustainability. Spatial planning
is one of the efforts to realize sustainable development. In line with that, the existence of law in every spatial
planning will greatly determine the success or failure of the spatial planning policy itself. The spatial planning
process will be maximized if it is found that there is a law enforcement process that is carried out correctly
and fairly. Therefore, law enforcement must be interpreted as a process to make legal objectives a reality.
While involving both the creators of legislation as well as the public remains crucial, an optimally
collaborative process would engage all stakeholders throughout development and implementation. While
spatial planning's role, necessity and purpose fundamentally seek to develop welfare for all through means
consistent with constitutional ideals, its function must acknowledge both development's aim to benefit society
equitably and the state's duty as outlined in Indonesia's founding doctrine to ensure such prosperity is
accessibly realized by its people. 1945 (1945 Constitution), especially the 4th paragraph. One of these ideals
is to promote general welfare. Whereas development had previously proceeded without thoroughly
scrutinizing prospective building sites or accounting for environmental consequences down the line, it has
now become understood that mindfully designing with future conditions in view is paramount. The research
method uses empirical juridical methods, research results Future development frameworks must consider the
challenges associated with the peak human population predicted to be 9−10 billion in 2050 and the need to
manage world production and consumption patterns in a more sustainable and equitable way and have legal
certainty. Behavioral change is needed on a global scale to increase the efficiency of environmental assets
and resources. This global challenge opens the door to a new and truly universal agenda.
1 INTRODUCTION
1.1 Background of the Study
To ensure its achievement, the concept of sustainable
development must be integrated into the development
process contained in laws and regulations related to
national development. Achieving one of the basic
foundations of establishing the Indonesian state as a
protector of the rights of all societal components
necessitates relating the integrated concept of
sustainable development to fulfilling such
obligations. Fulfilling this duty inherently
necessitates that the government safeguard the
environment, as access to clean air, water, and land
represents a fundamental requirement which each
member of the populace inherently deserves in order
to experience an adequate quality of life.
Environmental protection is also one of the concerns
in the constitutional mandate regarding citizens'
rights, which is the government's duty to ensure its
sustainability. Along the way, damage to natural
resource (SDA) reserves and environmental pollution
in Indonesia occurred rapidly in line with
498
Tambunan, S. and Khalimi, .
Legal Arrangements for Sustainable Development of Human Resources in the Framework of the Welfare of the Indonesian People.
DOI: 10.5220/0012582900003821
Paper published under CC license (CC BY-NC-ND 4.0)
In Proceedings of the 4th International Seminar and Call for Paper (ISCP UTA ’45 JAKARTA 2023), pages 498-504
ISBN: 978-989-758-691-0; ISSN: 2828-853X
Proceedings Copyright © 2024 by SCITEPRESS – Science and Technology Publications, Lda.

development developments and exceeded the
government's capacity to block the potential and
overcome the reduction in available natural resource
reserves and the environment. This presumption has
been recorded in various formal reports, scientific
studies and research from government institutions
both at the central and regional levels, research
agencies and universities, as well as non-profit
organizations and consulting agencies at the national
and international levels (Akhmad Fauzi,2014).
From a historical perspective, environmental
protection and management (PPLH) has actually been
regulated in various legal regulations with various
forms and styles. In this understanding,
environmental problems were once regulated by
indigenous peoples through customary law or
customary law. However, in statutory regulations,
sufficient historical aspects for environmental
protection can start from the enactment of Law
Number 4 of 1982 to the enactment of Law Number
32 of 2009 concerning Environmental Protection and
Management (PPLH). Meanwhile, the notion of
sustainable development initially emerged
internationally as a legal initiative aiming to curb the
harmful effects of traditional development
approaches. To try to reduce the impact of
development, the concept of Sustainable
Development was agreed upon by world countries in
the 1992 Rio Declaration. This concept was then
continued by the World Commission on Environment
and Development (WCED) or what is often called the
Brundland Commission (Amartya Sen,
Resources,1984).
This Commission defines Sustainable
Development as a development paradigm
implemented in order to meet current needs without
destroying the potential capabilities of future
generations so that they can meet their needs in the
future. This concept then influences the
understanding of sustainable development adopted in
Law Number 32 of 2009 concerning PPLH. The
enactment of Law Number 32 of 2009 concerning
PPLH introduces a new set of instruments to ensure
the implementation of sustainable development
principles such as Strategic Environmental Studies
(KLHS), Environmental Protection and Management
Plans (RPPLH), and Environmental Carrying
Capacity and Capacity (DDDT LH). This set of
instruments in its arrangement does not stand alone.
The intricate web of connections between them is
such that each shares a link with every other in the
group. The interrelationship of various PPLH
enforcement instruments also influences the national
development planning system, which is regulated in
Law Number 25 of 2004 concerning the National
Development Planning System (SPPN) (Budiman,
Arif, 1995) . Based on the background description
above, there are several problems that will be
discussed, namely as follows. What are the principles
of sustainable development and an environmentally
sound economy in Indonesia, and what are the spatial
planning regulations in the context of realizing
sustainable development in Indonesia.
2 RESEARCH METHODS
The method used in this research is normative
juridical research, a process for discovering legal
rules, legal principles and legal doctrines in order to
answer the legal issues faced. This character of the
legal science perspective is different from research
carried out in descriptive science which tests whether
or not a fact is true or not which is caused by a certain
factor. Legal research is carried out to produce
arguments, theories or new concepts as descriptions
in solving the problems faced. In descriptive science,
the expected answer in legal research is right,
appropriate, inappropriate, or wrong. Thus, it can be
said that the results obtained in legal research contain
value (Peter Mahmud Marzuki, 2011).
3 DISCUSSION
3.1 Principles of Sustainable
Development and an
Environmentally Friendly
Economy in Indonesia
Before discussing the core of the article, namely the
analysis of threats from the use of forest areas within
the framework of PSN to sustainable development, it
is necessary to discuss the principles of sustainable
development first. The principles/concept of
sustainable development are principles that have been
initiated since 1972 and continue to develop and be
applied in the international arena to this day. Since the
Stockholm Declaration of 1972 first acknowledged
sustainable development principles, discussions at
subsequent global summits - including reaffirmations
in the Brundtland Commission report of 1987, the Rio
Declaration of 1992, and the 2002 Earth Summit -
ultimately led to the establishment of the Sustainable
Development Goals. ) in 2016 (Aspihanto, 2020).
The concept of sustainable development was
discussed at the UN Conference in Stockholm in
Legal Arrangements for Sustainable Development of Human Resources in the Framework of the Welfare of the Indonesian People
499

1972. At the 1972 United Nations conference held in
Stockholm, the international community engaged in
discussions regarding the concept of sustainable
development and consensus was reached that
sustainability itself is founded on achieving balance
between progress and environmental protection, as
managing this relationship judiciously will generate
the most advantageous outcomes for humanity. The
principle of sustainable development is implicit in the
Third Principle and Fifth Principle of the 1972
Stockholm Declaration. The Third Principle and Fifth
Principle of the 1972 Stockholm Declaration
essentially call for preserving natural resources and
increasing the earth's capacity to produce renewable
resources.
The concept of sustainable development then
appeared in the Brundtland Commission Report
entitled Our Common Future in 1987. According to
the report, sustainable development refers to
development that can fulfill present demands while
still preserving sufficient resources to allow coming
generations to satisfy their own development needs in
the future. coming. The principles of sustainable
development were then included in the 1992 Rio
Declaration, precisely in Principle 1, Principle 4,
Principle 5, Principles 7-9, Principle 12, Principles
20-22, Principle 24 and Principle 27. The 1992 Rio
Declaration basically contains principles that hope
participating countries implement development that
always considers environmental protection, growth
and social conditions in addition to considering
economic growth to achieve sustainable
development. The 1992 Rio Declaration asked
countries to reduce or eliminate unsustainable
production and consumption patterns accompanied
by supportive policy expenditures. In addition, the
1992 Rio Declaration also stated that countries should
continue to strengthen and develop scientific and
technological knowledge and capabilities, including
by sharing knowledge between countries in an effort
to support the achievement of sustainable
development (Aziz, I.J, 2020).
The 1992 Rio Declaration also called on countries
to cooperate not only in sharing knowledge but also
in coordinating economic systems that support
economic growth and sustainable development. The
1992 Rio Declaration also stated the importance of
the involvement of several groups in society, starting
from the important role of women to the involvement
of traditional community groups in achieving
sustainable development. Not only that, the 1992 Rio
Declaration also stated the importance of ideas from
the younger generation in working together to achieve
sustainable development.
Furthermore, after the Rio Declaration in 1992, in
2002 the World Summit on Sustainable Development
was held which is usually called the 2002 Earth
Summit. The principles of sustainable development at
the 2002 Earth Summit received the world's full
attention with the presence of 191 countries. UN
agencies, multilateral financial institutions, and other
major groups. Sustainable development, the principle
now globally recognized, precludes any nation in its
pursuit of progress from environmental harm and
demands ongoing safeguarding of the environment to
ensure an unburdened nature continues benefiting
generations to come. The discussion of the principles
of sustainable development at the 2002 Earth Summit
has become increasingly in-depth and broad. This in-
depth discussion can be seen by discussing the
obstacles in implementing sustainable development
related to: improving people's welfare, implementing
conservation of natural resources on earth with an
ever-growing population, food needs, clean water,
shelter, cleanliness, energy, health services and
related to economic balance. While the principles of
sustainable development had gained increasing
recognition globally, the specific aims embodied
within the newly established Sustainable
Development Goals provided a sharper illumination
and concentration of these objectives in the year they
were inaugurated. The formation of these SDGs is an
effort by countries to implement the principles of
sustainable development. This
implementation/application is carried out with the
2030 Agenda for Sustainable Development
(Agenda 2030) (Eddy, T2015).
The 2030 Agenda lays out an ambitious plan to
promote inclusive and environmentally-sound
prosperity across the globe by balancing social
progress and economic expansion. The 3030 Agenda
not only addresses poverty but also integrates and
balances the three pillars of sustainable development
in a comprehensive global vision. While
environmental preservation, social/community
development, and economic growth are
interdependent factors, sustainable development
necessitates balancing these three pillars in a
harmonious manner. The 2030 Agenda is a plan that
can continue to change but remains based on 17
sustainable development goals. These 17 sustainable
development goals address pressing global
challenges in the next fifteen years. (Danusaputra, M,
1994).
Indonesia has followed the development and
application of sustainable development principles at
the global level since the 1972 Conference on the
Human Environment which gave birth to the 1972
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Stockholm Declaration. Indonesia not only follows
the development of sustainable development
concepts or principles, but Indonesia also applies the
principles of sustainable development in Indonesian
legislation. . Though Article 33 paragraph (4) of the
1945 Constitution of the Republic of Indonesia
concerning sustainable development was added in the
nation's fourth constitutional amendment in 2002,
Indonesia had already incorporated that fundamental
principle into its own laws and official directives well
beforehand. Indonesia has implemented the principle
of sustainable development at the statutory level in a
comprehensive manner. implied in Law 4/1982
concerning Basic Provisions for Environmental
Management (UU 4/1982). The "considering" section
letter b of Law 4/1982 reads (Priyanta, M, 2018):
“that in order to utilize natural resources to
advance general welfare as stated in the 1945
Constitution and to achieve happiness in life based on
Pancasila, efforts need to be made to preserve the
capabilities of a harmonious and balanced
environment to support sustainable development
implemented with an integrated and comprehensive
policy and taking into account needs. present and
future generations;”.
Indonesia before the fourth amendment to the
1945 Constitution of the Republic of Indonesia not
only implemented the principle of sustainable
development implicitly but also explicitly in the
"considering" section b of Law 23/1997 concerning
Environmental Management (UU 23/1997) which
revoked Law 4/1982. The "considering" section letter
b of Law 23/1997 reads (Meta K, 2015):
“that in order to utilize natural resources to advance
general welfare as mandated in the 1945 Constitution
and to achieve happiness in life based on Pancasila,
it is necessary to carry out sustainable development
with an environmental perspective based on an
integrated and comprehensive national policy taking
into account the needs of the current and future
generations. future." see also Article 3 which reads:
"Environmental management is carried out with the
principle of state responsibility, the principle of
sustainability with an environmental perspective in
the framework of the complete development of
Indonesian people and the development of the entire
Indonesian society who have faith and devotion to
God Almighty.”
3.2 Spatial Planning Regulations in the
Context of Realizing Sustainable
Development in Indonesia
Thoughts about the importance of spatial planning in
human life are growing rapidly day by day. Nearly
every facet of a populace recognizes the immense
significance of judicious land utilization and regional
administration inside sovereign borders as vital facets
of a nation's governance and development. This is
increasingly being realized considering that the
negative impact of a space that is not well organized
will be felt by various groups. This means that if
space cannot be managed and arranged well, it will be
difficult to avoid various bad impacts. This can then
be seen as a form of collective awareness of the
nation's elements in the context of realizing a higher
quality space. It becomes increasingly evident at this
juncture that there exists a cognizance of the exigency
for spatial planning, as pertaining to both the
prospective auspices of human existence and a
nation's developmental trajectory going forward.
(Barong, Rahmat, 2006).1
On the other hand, Budihardjo emphasized that
public space is a place where citizens make social
contact and there has been a lack of synchronization
between one arrangement and another, both in terms
of the degree (hierarchy) of statutory regulations, as
well as in terms of legal substance, so that it has an
effect. on the effectiveness of the implementation of
regional allocation regulations in spatial planning in
society. Such conditions give rise to various
implications, both in the form of positive and negative
implications. The intended implications can also take
the form of legal implications, one of which is legal
political implications. Likewise, non-legal
implications can also occur, namely in the form of
legal conflicts and non-legal conflicts as negative
implications. If further research is carried out, it can
be seen that the decline in environmental quality is
actually caused by the use of space that is not in
accordance with environmental conditions and
regional potential. Space that is used and functioned
outside of its designated designation can cause
problems for human life (Budihardjo, 2005).
According to Eko Budihardjo, changes in spatial
planning occur due to the power of certain groups,
certain community units, social systems, positions,
roles and even sacrificing important values in society.
This must be anticipated in order to guarantee the
future of spatial planning and the realization of its
functions towards achieving sustainable development
in the future. In this regard, according to Imam
Koeswahyono's view, in achieving the goal of better
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501

spatial planning, at the operational level of spatial
planning there are at least 3 (three) stages that must be
taken, namely:
a. Conduct an introductory study of existing spatial
conditions by conducting studies to see patterns
and interactions of elements forming space,
humans, and natural resources.
b. The introduction of spatial planning issues and the
formulation of national regional spatial
development policies emphasizes problems
related to future spatial utilization policy
directions and their constraints.
c. Preparation of future space utilization strategies.
This stage shows the existence of a spatial planning
system which begins with the process of studying
further the situation and conditions of the existing
spatial planning up to strategies for its use in the
future. If this can be realized, it is highly believed that
spatial planning will be able to run well in accordance
with the spatial planning objectives that have been
outlined in a number of statutory regulations. In fact,
if we examine it further, spatial planning can be said
to have an important and determining function at the
stage of space utilization as an effort to control
regional spatial planning. Apart from that, spatial
planning is also an instrument for anticipating a
decline in the quality of space. While spatial planning
policies may at times engender discord between
technocratic and commercial priorities on one side
and humanitarian perspectives on the other, it would
be remiss to claim such tensions can be entirely
avoided.
The commercial approach sometimes causes
negative excesses for spatial planning efforts, because
in reality, every effort made to gain profits from
spatial planning will have a negative impact on the
future of the space itself. While national progress and
advancement of a region are important goals,
unavoidably the development process brings
difficulties that must be faced in pursuit of progress.
For this reason, spatial planning is often associated
with efforts to realize sustainable development.
Spatial planning is expected to be able to support a
sustainable development planning system in order to
achieve the country's ultimate goal of becoming a just
and prosperous nation. The three fundamental pillars
of sustainable progress, namely interconnected
environmental, social, and economic aims, are
interdependent as each individually informs and
reinforces the others in steering long-range
advancement towards collective objectives. The
principles of sustainable development can be briefly
stated as follows (M. Syamsudin, 2012):
First, the principle of democracy. By ensuring
development reflects the aggregate aspirations of
every individual for the mutual benefit of everyone,
this principle safeguards that progress stems from the
united volition of all in society seeking the concurrent
well-being of all. Based on these democratic
principles, several profoundly significant facets were
uncovered, namely that the overriding development
agenda must serve the people as the true stakeholders
of such progress for their direct benefit, that
community involvement in both forming and
executing development plans is a moral and civic
necessity, and that there must be unfettered access to
transparent information regarding any agenda,
process, or implementation of development works
coupled with public accountability for all related
undertakings, formulations, and executions. Second,
the principle of justice. This principle basically
guarantees that all people and community groups
have the same opportunity to participate and
participate in every development process and
productive activities and participate in enjoying the
results of development itself. Third, the principle of
sustainability. Basically, this principle requires that
public policy makers must be able to design a
development agenda in a long-term, visionary
dimension, seeing both positive and negative
development impacts from various points of view.
A number of these principles emphasize the
importance of planning in every spatial planning
process. In line with that, according to Lili Rasjid and
IB Wyasa, in a legal society, the planning and response
function is carried out by utilizing the law because
(Simamora, 2014):
1. Law is the result of exploring human ideas and
experiences in regulating the essence of life;
2. The nature of procurement and the existence of
law in a society, especially to regulate the life of
the society itself;
3. The regulatory function is supported by the basic
potential contained in the law which goes beyond
the regulatory function, namely functioning as a
provider of certainty, safeguards, protectors and
balancers whose nature is not only adaptive and
flexible but can also be predictive and anticipatory
of future needs;
4. In the latest global development issues, law is
trusted and seen as a means of social change or a
means of development for human life.
The existence of law in every spatial planning will
be maximized if it is found that there is a law
enforcement process that is carried out correctly and
fairly. Therefore, law enforcement must be
interpreted as a process to make legal objectives a
reality. While involving both the creators of
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legislation as well as the public remains crucial, an
optimally collaborative process would engage all
stakeholders throughout development and
implementation. The various existing components
and elements must be willing to develop existing
values in an environment that is full of the influence
of other non-legal factors. Law enforcement as a
process should be able to involve various components
that are interconnected and some even have a fairly
close level of dependence. Therefore, in order for the
law to be enforced, adequate legal regulatory
facilities regarding spatial planning must first be
provided. (Simamora, 2011)
4 CONCLUSION
The threat of "ease" in using forest areas within the
framework of PSN due to the provision of funding for
land acquisition in forest areas in Presidential Decree
66/2020 is reduced by the obligation of PSN
implementers to comply with provisions related to
borrowing and using forest areas and land acquisition.
PSN implementers in forest areas must have a Forest
Area Borrow- to-Use Permit (IPPKH) while fulfilling
the obligations of IPPKH holders. The rules regarding
the obligations that must be fulfilled by IPPKH
holders in statutory regulations have implemented the
principles of sustainable development and green
economy because the aspects of environmental
conservation, social development and economic
growth which are the three pillars of the principles of
sustainable development and green
economy/environmentally sound economy are
reflected in points of obligations of IPPKH holders.
Spatial planning is one of the efforts to realize
sustainable development. In line with that, the
existence of law in every spatial planning will greatly
determine the success or failure of the spatial
planning policy itself. The spatial planning process
will be maximized if it is found that there is a law
enforcement process that is carried out correctly and
fairly.
Therefore, law enforcement must be interpreted as
a process to make legal objectives a reality. While
involving both the creators of legislation as well as
the public remains crucial, an optimally collaborative
process would engage all stakeholders throughout
development and implementation. While spatial
planning's role, necessity and purpose fundamentally
seek to develop welfare for all through means
consistent with constitutional ideals, its function must
acknowledge both development's aim to benefit
society equitably and the state's duty as outlined in
Indonesia's founding doctrine to ensure such
prosperity is accessibly realized by its people. 1945
(1945 Constitution), especially the 4th paragraph.
One of these ideals is to promote general welfare.
Whereas development had previously proceeded
without thoroughly scrutinizing prospective building
sites or accounting for environmental consequences
down the line, it has now become understood that
mindfully designing with future conditions in view is
paramount. In line with this, the urgency of spatial
planning must be interpreted as the main agenda in
the context of development planning for a country or
region. Spatial planning will greatly determine the
progress and decline of the development of an area.
Thus, spatial planning must be seen as an instrument
that can direct and develop humans towards a better
civilization in the future. Given the ever-rising pace
of human population growth coupled with dwindling
usable land area, strategic spatial planning seems
indispensable for securing a sustainable quality of life
for future generations within existing territorial
limits.
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Peraturan Pemerintah No. 104 Tahun 2015 tentang
Perubahan Perun-tukan dan Fungsi Kawasan Hutan, PP
104/2015, LN Tahun 2015 No. 326, TLN No. 5794
Peraturan Presiden No. 40 tahun 2014 tentang Perubahan
atas Peratur-an Presiden Nomor 71 Tahun 2012 ten-
tang Penyelenggaraan Pengadaan Tanah bagi
Pembangunan untuk Kepentingan Umum, Perpres
71/2014, LN Tahun 2014 No. 94.
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