The Function of Legal Theory in the Establishment of Regional Regulation of Sustainable Spatial Based on Local Wisdom

Journal Equity of Law and Governance Pub Date : 2022-03-31 DOI:10.55637/elg.2.1.4691.58-68

Made Wiryani, Ni Made Jaya Senastri

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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.

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法学理论在构建基于地方智慧的可持续空间区域规制中的作用

本文旨在分析法学理论在区域规制构建中的作用。运用规范的法律研究方法，从概念的角度来揭示法律理论、可持续性原则以及地方智慧在空间规划区域规制制定中的作用。对收集到的法律资料进行了法理分析，认为该规定具有合法性的法律、社会学和哲学基础;法律体系理论，即法律的有效性、有效性和可接受性的特征，以及生态可持续性理论，通过适应性政策所包含的原则将发展与环境结合起来。研究结果表明，法律理论在区域规制的建立中的作用是作为制定符合法律原则的实质内容的基础，而可持续性原则和地方智慧在空间规划中的作用是确保对当前和未来人类生活使用空间的保护。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Journal Equity of Law and Governance

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