ARRANGEMENT OF GREEN OPEN SPACE (GREEN OPEN SPACE) IN PEKANBARU CITY IN HUMAN RIGHTS PERSPECTIVE AND REGIONAL AUTONOMY Zulwisman
Fakultas Hukum Universitas Riau
Abstract
The right to the environment is an inseparable part of human rights guaranteed by the constitution. The 1945 Constitution of the Republic of Indonesia (UUD NRI) explicitly formulates 2 special articles relating to the environment, namely Article 28 H Paragraph (1): ^Everyone has the right to live in physical and spiritual prosperity, to have a place to live, and to enjoy a natural environment. good and healthy and have the right to obtain health services. and Article 33 Paragraph (4): ^The national economy is organized based on economic democracy with the principles of togetherness, efficiency with justice, sustainability, environmental insight, independence, and by maintaining a balance of progress and national economic unity^.
According to Jimly Asshiddiqie, Article 28H of the 1945 Constitution of the Republic of Indonesia can be categorized as a green constitution. This means that all government and development policies and actions must comply with the provisions regarding human rights to a good and healthy environment. There should be no more policies contained in the form of laws or regulations under it that contradict the provisions of this pro-environmental constitution.
In Law Number 23 of 2014 concerning Regional Government, Regency/Municipal Regions are authorized to regulate spatial planning. In particular, city/district areas are also given the authority to regulate the implementation of spatial planning for their regions, including in making the RTRW, which then becomes the basis for utilizing and spatial control in urban areas. The city area is burdened with additional authority, namely to specifically regulate the plan for the provision and use of Green Open Space (RTH). And this is also in line with Law No. 26 of 2007 concerning Spatial Planning which was born to realize harmonious spatial management with the natural environment and the artificial environment, which is able to realize the integrated use of natural resources and artificial resources a
Keywords: Green Open Space, Human Rights and Regional Autonomy
