Nowadays, the effort to create a comfortable, productive and sustainable space still faces various challenges as it is shown by the widespread of land use conversion which causes flood in the rainy season and drought in the dry season, the increasing frequency and coverage of disasters, as well as the increasing number of slum housings, traffic congestion, and environmental pollution. This study aims to analyze the model of regional policies in spatial planning, to discover and describe the weaknesses on the implementation of regional policies in spatial planning as well as to explain the importance of reconstructing regional policies in spatial planning to promote social welfare. The method used was socio legal with qualitative analysis to examine the condition of natural objects where the researcher is the key instrument. The data were then collected through observations and interviews. The results of the study showed that the implementation of regional policies in spatial planning is not complemented by the Detailed Spatial Planning (RDTR) due to a legal vacuum resulting in legal uncertainty. This condition then has implications for violations of land use conversion that is very detrimental to society. Thus, it is necessary to create a regional policy model that is based on values of social welfare and justice as an effort to reform the law by formulating an integrated RTRW and RDTR to ensure legal certainty which will then have implications for improving social welfare and justice.

1. http://www.iaeme.com/IJCIET/index.asp 320 editor@iaeme.com
International Journal of Civil Engineering and Technology (IJCIET)
Volume 10, Issue 05, May 2019, pp. 320-327, Article ID: IJCIET_10_05_033
Available online at http://www.iaeme.com/ijmet/issues.asp?JType=IJCIET&VType=10&IType=5
ISSN Print: 0976-6308 and ISSN Online: 0976-6316
© IAEME Publication
MODEL FOR SPATIAL POLICY IN THE SOCIAL
WELFARE AND JUSTICE-BASED REGIONS: A
STUDY OF LAND USE CONVERSION IN
REGION III CIREBON INDONESIA
Haris Budiman
Kuningan University, Kuningan, 45513, Indonesia
Universitas Islam Sultan Agung, Semarang, 50112, Indonesia
Anis Mashdurohatun
Universitas Islam Sultan Agung, Semarang, 50112, Indonesia
Eman Suparman
Universitas Padjadjaran, Bandung, 40132, Indonesia
ABSTRACT
Nowadays, the effort to create a comfortable, productive and sustainable space
still faces various challenges as it is shown by the widespread of land use conversion
which causes flood in the rainy season and drought in the dry season, the increasing
frequency and coverage of disasters, as well as the increasing number of slum
housings, traffic congestion, and environmental pollution. This study aims to analyze
the model of regional policies in spatial planning, to discover and describe the
weaknesses on the implementation of regional policies in spatial planning as well as
to explain the importance of reconstructing regional policies in spatial planning to
promote social welfare. The method used was socio legal with qualitative analysis to
examine the condition of natural objects where the researcher is the key instrument.
The data were then collected through observations and interviews. The results of the
study showed that the implementation of regional policies in spatial planning is not
complemented by the Detailed Spatial Planning (RDTR) due to a legal vacuum
resulting in legal uncertainty. This condition then has implications for violations of
land use conversion that is very detrimental to society. Thus, it is necessary to create a
regional policy model that is based on values of social welfare and justice as an effort
to reform the law by formulating an integrated RTRW and RDTR to ensure legal
certainty which will then have implications for improving social welfare and justice.
Key words: Regional Policy, Spatial Planning, Reconstruction
Cite this Article: Haris Budiman, Anis Mashdurohatun, Eman Suparman, Model for Spatial
Policy in the Social Welfare and Justice-Based Regions: A Study of Land use Conversion in
Region III Cirebon Indonesia, International Journal of Civil Engineering and Technology
10(5), 2019, pp. 320-327.
http://www.iaeme.com/IJCIET/issues.asp?JType=IJCIET&VType=10&IType=5

2. Haris Budiman, Anis Mashdurohatun, Eman Suparman
http://www.iaeme.com/IJCIET/index.asp 321 editor@iaeme.com
1. INTRODUCTION
Region III Cirebon is a part of West Java Province which is the easternmost region and is
directly adjacent to Central Java Province. The region which is also known as
Ciayumajakuning includes four districts and one municipality, namely Cirebon District,
Cirebon Municipality, Indramayu District, Majalengka District, and Kuningan District. The
area and the number of villages/urban villages in Region III Cirebon are presented in the
following table.
No District/
Municipality
Area (km2
) Sub-
District
Urban
Villages
Villlages
1 Kuningan 1.110.56 32 15 361
2 Majalengka 1.204.24 26 13 330
3 Indramayu 2.040.11 31 8 309
4 Cirebon 984.52 40 12 412
5 Cirebon Municipality 37.36 5 22 -
Source: Ministry of Home Affairs Regulation Number 137 Year 2017
The implementation of spatial planning in this region is guided by spatial planning law
which aims to create harmony between natural and artificial environment, to realize an
integrated utilization of natural and artificial resources by paying attention to human
resources, and to realize space protection as well as to prevent negative impacts on
environment due to space utilization. Therefore, spatial planning in this region is used as a
guideline in an effort to preserve the environment since spatial planning will provide an
overview of which space, for what activities and when (M. Daud Silalahi, 2001).
The need for regulatory formulation concerning the implementation of spatial planning is
based on the consideration of various challenges and problems faced in the implementation of
spatial planning in Region III Cirebon which mainly because (West Java Provincial
Government, 2018):
 it is located on Pantura road in Java Island and is planned to be freeway of Cikopo -
Palimanan section which demands the need to promote economic competitiveness;
 it is located in the lowlands of the coastal area resulting in natural disasters-prone. Thus, a
consideration concerning aspects of disaster mitigation needs to be prioritized;
 the increasing intensity of spatial utilization related to the exploitation of natural resources that
threaten environmental sustainability including global warming; and
 the decreasing quality of settlements, the increasing number of land use conversion, and the
high disparities between and within regions.
Therefore, an effort to create a comfortable, productive and sustainable space is still
facing serious challenges as it is shown by various problems reflecting the quality of our
living space is still far from those ideals. These problems include the widespread of land use
conversion which causes flood in the rainy season and drought in the dry season, the
increasing frequency and coverage of disasters, as well as the increasing number of slum
housings, traffic congestion, and environmental pollution. Accordingly, the formulation of
spatial utilization should use two principles; first, recognizing and formulating various
functions that must be carried out at regional and local level, and second, determining national
policy framework in which various developmental problems will be solved at the appropriate
level or hierarchy whether at national, regional or local level (Haris Budiman, 2017).
Based on the aforementioned principles, there are three categories of policies in
hierarchical spatial planning, first, policies aiming at transforming the rural economy to
reduce the level of urban expansion, second, policies aiming at limiting the growth of big

3. Model for Spatial Policy in the Social Welfare and Justice-Based Regions: A Study of Land use
Conversion in Region III Cirebon Indonesia
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cities through migration control, and third, policies aiming at retarding the growth of big cities
by stimulating new urban centers (Soetomo, 2006).
Further, the formulation of spatial planning must also consider the social functions of
property rights to land. As it is stipulated in Article 6 of Law Number 5 Year 1960 concerning
Basic Principles of Agrarian Regulation that land property rights has social functions.
Moreover, in the Memory of Explanation, it is stated that all kinds of land property rights
must fulfill the social functions, no one is permitted to abuse land property rights, and there
must be a balance between public and individual interests. Actualizing the social functions of
land property rights is an actualization of abstract legal ideas into reality. Besides, the social
functions of land property rights also contain obligations functioning as a control over
landowners (Anis Mashdurohatun, 2016).
The spatial planning policy in Region III Cirebon is regulated in a regional regulation
which is based on Law Number 26 Year 2007 concerning Spatial Planning, Government
Regulation Number 26 Year 2008 concerning National Spatial Planning, and West Java
Provincial Regulation Number 22 Year 2010 concerning Spatial Planning of West Java
Province. Hence, there is an alignment between Region III Cirebon Spatial Planning which
covers five districts/cities and West Java Provincial and National Spatial Planning.
The existence of spatial planning is expected to create a transparent, effective, and
participative implementation of spatial planning so that a safe, comfortable, productive and
sustainable space can be realized. It means that land use must be integrated by considering the
existence of open spaces and green spaces, and limiting the excessive expansion of the city so
as ecological justice can be fulfilled (Planology Engineering’s Blog, 2017). Therefore, the
formulated spatial policy must have social functions by taking into account today
development since, as stated by Lodge, global change is a variable influencing the
implemented model and type of law (George C Lodge, 1995).
Global warming is a condition where the temperatures of atmosphere, sea and land are
increased. Today, the temperature has increased from 15 degrees Celsius to 15.6 degrees
Celsius. The high temperature then causes changes in the rain cycle and other various impacts
on plants, life and humans (Anonym, 2012). The main cause of global warming is the
increasing number of carbon emissions as result of fossil energy utilization that produces
carbon dioxide gas (CO2) which is the main source of the increasing number of carbon
emissions in the air. Accordingly, the United Nations (UN) formed a Conference of the
Parties (COP) which is the highest authority within the UN framework focusing on the
Convention on Climate Change. Indonesia itself has been actively participated in the COP
since the first conference held in 1995 in Berlin, Germany. The 13th
COP held in Bali in 2007
which were attended by 189 countries discussed the main issues relating to the reduction of
greenhouse gas emissions and other four important issues of climate change, namely
mitigation, adaptation, technology transfer, and funding (Aji Mukti, 2008).
In Region III Cirebon, spatial planning for urban development becomes a crucial problem
as a result of land use conversion. Physically, the development of a city is always followed by
the growing breadth of the area built. Population growth and economic activity on the one
hand and limited urban land on the other demand the efficiency of space utilization. In this
context, a series of policies have been created concerning the development of urban areas as
residential areas, industries, roads, drinking water systems, public buildings as well as green
lines which are facilities and infrastructure in spatial development (JT Jayaginata, 1992).

4. Haris Budiman, Anis Mashdurohatun, Eman Suparman
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2. RESEARCH QUESTIONS
The problems discussed in this study are formulated into the following questions; 1) How is
the implementation of spatial planning policies in Region III Cirebon? and 2) How is a model
of social welfare and justice-based spatial planning policy created?
3. RESEARCH METHOD
This study was conducted to analyze spatial planning policies in Region III Cirebon covering
five districts and one municipality. Hence, the method used in this study was non-doctrinal
research method with qualitative analysis to examine the condition of natural objects where
the researcher is the key instrument and the techniques of data collection were triangulated
(Soegiyono, 2008).
4. RESULTS AND DISCUSSION
Regional spatial planning policies are regulated in Regional Regulations that are based on
Law Number 26 Year 2007 concerning Spatial Planning and Government Regulation Number
26 Year 2008 concerning National Spatial Planning (RTRWN). Both the Law and
Government Regulations describe the mechanism of space utilization. At the provincial level,
it is regulated in the Provincial Regulation concerning the Provincial RTRW. Meanwhile, at
the District/City level, it is regulated in the District/City Regional Regulation concerning
District/City RTRW. This regulation refers to the legislative hierarchy as stipulated in Law
Number 12 Year 2011 concerning the Formulation of Legislation. Therefore, the regional
spatial planning policies are the elaboration of provisions implemented at the higher level in
the legislative hierarchy (Haris Budiman, Anis Mashdurohatun, Eman Suparman, 2018).
Article 26 paragraph (1) of the Spatial Planning Law explains that the District/City spatial
planning should contain:
 purposes, policies and strategies of space utilization in the district areas;
 district spatial planning structure which includes the urban system in its territory which is
related to rural areas and the district infrastructure system;
 district spatial planning pattern which includes district protected and cultivation areas;
 determination of district strategic areas;
 direction of district space utilization which contains indications of the five-year main
programs; and
 provisions of district space utilization control which contain general provisions of
zoning, licensing as well as giving incentives, disincentives or sanctions.
Article 26 paragraph (1) generally regulates what must be contained in the District/City
RTRW. This article does not explain the obligation of the District/City to develop a Detailed
Spatial Planning (RDTR). Whereas, the Long-Term National Development Plan (RPJPN)
stipulates the position of Spatial Planning as the main reference for sectoral and regional
development which is followed up by Regional Regulations concerning the Long-Term
Regional Development Plan. As a dimension of spatial development, RTRW is formulated
based on scrutiny of long-term interests by paying attention to the occurring dynamics both in
external and internal spheres.
Nevertheless, the results of the previous studies suggest that land use conversion has
occurred in all areas in Region III Cirebon as stated below:
 Agricultural areas in Kuningan District have shrunk by 262 hectares from 29.078 hectares to
28.816 hectares in the past three years.

5. Model for Spatial Policy in the Social Welfare and Justice-Based Regions: A Study of Land use
Conversion in Region III Cirebon Indonesia
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 Land use conversion in Cirebon District occurs due to new housing developments developed
in agricultural areas. The data from Agriculture Department shows that out of 53 thousand
hectares of agricultural areas, only 46 thousand hectares are now utilized for agricultural
purposes. In Cirebon District, the land use conversion of agricultural areas achieves 100
hectares a year.
 Indramayu District as the largest district in Region III Cirebon has productive
agricultural areas of more than 118 thousand hectares. Of this number, 1.200 hectares
have been converted.
 Majalengka District lost 75.000 tons of milled dry grain per year due to land use
conversion. The biggest factor causing land use conversion in Majalengka is the
development of Kertajati International Airport which uses 5000 hectares of
agricultural areas.
 Agricultural areas in Cirebon Municipality have shrunk by 20 hectares in a year from
262 hectares in 2016, to 242 hectares in 2017.
These land use conversions have been noted by the Directorate General of Spatial
Planning, the Ministry of Settlements and Regional Infrastructure who states that several
strategic issues in the implementation of national spatial planning are conflicts of interest
among sectors, unsynchronized spatial planning with other sector programs, violations of
space utilization, policy inconsistencies towards development control, lack of openness, and
lack of ability to control self-interests (Directorate General of Spatial Planning, 2016).
In fact, Law Number 41 Year 2009 concerning the Sustainable Protection of Agricultural
Areas emphasizes that agricultural area has a strategic role and function for the society.
Agricultural areas are rare natural resources since their amount will not increase, while the
need for land continues to increase. The conversion of agricultural areas can be a threat to
achieving food security and sovereignty. This conversion has serious implications for the
shrinking area of cultivation resulting on the reducing level of farmers’ social welfare as well
as disrupting food production in Region III Cirebon. This condition is exacerbated by the fact
that this land use conversion is not complemented by integrated efforts to develop agricultural
areas through providing new potential agricultural areas. Spatial planning should pay attention
to the continuous development process (Elvie Dyah Fitriana, Bambang Supriono, Farida
Nurani, 2016).
Considering the aforementioned facts, regions must be able to protect and manage their
natural resources in an integrated and sustainable way (Mohtar Kusumaatmaja, 2013). The
main problem faced is that the spatial planning is still economically oriented as measured by
the increase of Local Own-source Revenue (PAD). Yet, physically, the development of an
area is always followed by the growing breadth of the area built. Population growth and
economic activity on the one hand and limited urban land on the other demand the efficiency
of space utilization. Natural disasters that repeatedly occur show the increasingly important
role of disaster risk reduction. The Hyogo Framework for Action (HFA), which was agreed at
the World Disaster Risk Reduction Conference in Kobe in 2005, states spatial planning as an
effort to reduce disaster risk has been widely promoted in planning practices in both
developed and developing countries (Jaka Suryanta, Irmadi Nahib, 2016).
Therefore, spatial planning should pay attention to the sustainable development process
which includes decisions or choices of various alternative uses of resources to achieve the
expected goals (Elvie Dyah Fitriana, Bambang Supriono, Farida Nurani, 2016). Sustainable
development is a development concept emphasizing on balance between economic, social,
cultural and environmental aspects. Balance is important to ensure sustainable utilization of
natural resources. Balance refers to the protection of property rights that can maximize social

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welfare. John Stuart Mill has a view by considering the relationship between the authorities
and the freedom that individuals have in society (Anis Mashdurohatun, 2016).
Guidelines for spatial management as a reference for development are set aside when
there is a desire to carry out development with an orientation to increase Local Own-source
Revenue. Investment as the effort of increasing economic growth and Local Own-source
Revenue is often seen as the basis for changing or revising a spatial planning. Hence, the role
of the government as an executive institution has become increasingly prominent, ignoring a
broader legal framework that is not just a formal legality problem (Esmi Warassih, 2011).
Various efforts have been done to change the orientation of regional spatial policies which
have led to the violation of land use conversion. The first effort is the issuance of Ministry of
Home Affairs Regulation Number 1 Year 2007 concerning Management of Urban Open
Green Spaces which is aligned with the development of city functions as tourism object. The
second one is the enactment of Law Number 41 Year 2009 concerning Sustainable
Agriculture Areas (LP2B) which aims to maintain national food security and sovereignty. The
third is the formulation of Government Regulation Number 24 Year 2018 concerning
Electronic Integrated Business Licensing Service which requires the regions to immediately
formulate a detailed spatial plan (RDTR).
These various regulations formulated by the government should be a guideline for regions
to immediately formulate a comprehensive Spatial Planning (RTRW) and Detailed Spatial
Planning (RDTR). Regional regulations which constitute technical implementation of the
provisions implemented at the higher level are hierarchical to legislations. As stated by Hans
Kelsen, legal system is a system of stairs with tiered rules where the lowest legal norms must
refer to higher legal norms and the highest legal norms (such as constitution) must consider
the most basic legal norms (ground-norm). According to Kelsen, the most basic legal norms
(ground-norm) are not concrete (abstract). An example of the most basic legal norms is
Pancasila. In spatial policy context, Regional Regulations are technical policies in which their
formulations are guided by Law and Government Regulations (Arief Sidharta and Sony
Endah Retnaningsih, 2015). Moreover, Andersen states public policy is a policy developed by
government agencies and officials. The main purposes of the policy are to maintain public
order and to facilitate social development in any activities (Tachjan, 2006).
If economic aspect becomes a demand for regional government to improve social welfare,
then efforts to increase Local Own-source Revenue (PAD) from tourism sector can be done
by; first, providing infrastructure and supporting services as well as promoting tourism
objects; second, exploring new tourism objects and creating tourism zones; and third,
formulating policies in the form of regulations concerning the preservation of historical
heritage and the promotion of tourism objects by cooperating with communities around the
tourism objects (Head of Kuningan District Tourism Department, 2016). These three aspects
can be a solution to increase PAD without having to sacrifice the predetermined space
utilization. Furthermore, the regional governments’ efforts in implementing the spatial
planning oriented on the values of justice can be realized by reconstructing regional
regulations in spatial planning through the integration of a comprehensive RTRW and RDTR.
Reconstruction of regional policies is needed since the Regional Regulations concerning
RTRW in Region III Cirebon do not have legal certainty in its implementation. Hence, the
reconstruction of regional spatial policies cannot be separated from the reconstruction of
legislation implemented at the higher level since according to the hierarchical theory of
legislation, the position of Regional Regulations is at the lowest level which is a description
of the legislations above. The reconstruction must be begun by revising Article 26 paragraph
(1) which regulates points that must be contained in regional RTRW. The revision can be
done by adding clauses stating that the regions are obliged to compile RDTR. Law

7. Model for Spatial Policy in the Social Welfare and Justice-Based Regions: A Study of Land use
Conversion in Region III Cirebon Indonesia
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reconstruction momentum is important considering that the West Java Provincial Government
is also currently revising the West Java Provincial Regulation Number 22 Year 2010
concerning RTRW of West Java Province, Indonesia. Government policies must pay attention
to the environment so that preservation efforts can be optimally realized (Akhmaddhian and
Hartiwiningsih, 2018)
5. CONCLUSION
Based on the description, it can be concluded that the spatial planning policy in Region III
Cirebon is regulated in Regional Regulations on Regional Spatial Planning (RTRW) which is
an elaboration of spatial planning laws and government regulations on national spatial
planning. However, since the higher regulations do not require the regions to formulate their
detailed plans, there is a legal vacuum causing legal uncertainty because the regions do not
have guidelines in formulating a Detailed Spatial Planning (RDTR). This condition becomes a
weakness in implementing spatial policies in regions which leads to land use conversion in
various regions. The reconstruction of regional policies can be done by integrating regional
RTRW and RDTR in one policy. Yet, this reconstruction can only be done if Article 26
paragraph (1) of the Spatial Planning Law is firstly revised by requiring the regions to
immediately formulate an RDTR.
6. SUGGESTION
Based on the conclusion, it is suggested that the government must create clear regulations in
the formulation of Regional Regulations on Spatial Planning by integrating the provisions of
RTRW and RDTR in one policy since legal uncertainty is a major problem in spatial planning
management in the regions. Besides, an orientation shifting is needed in the implementation
of regional spatial policies by prioritizing the values of social welfare and justice as an effort
to reduce the weaknesses of the current implementation of spatial planning prioritizing on
economic aspects in which economic factors become very dominant in the implementation of
spatial planning and the values of justice in the society are disregarded.
ACKNOWLEDGEMENTS
The researchers expressed their gratitude to all contributed parties for their permission and
encouragement to conduct such studies for the benefit of science and society.
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