Spatial Planning and Philosophy of Justice: Corrective Action on Commutative Justice Theory (A Study in Kalimantan, Indonesia)

Abstract

The absence of an ideal legal norm in determining an equitable spatial arrangement and provision of land has created a major problem with the increase of certificate production concerning property rights and granting permits for managing areas. This research used normative juridical research methods with a philosophic research approach which analyzed research results that produce descriptive analysis data related to holistic written and examined data. Results show that an ideal breakthrough is required to provide a balanced solution between spatial planning and the provision of land for certificate products especially for indigenous people. The breakthrough can be in the form of corrective actions that can be implemented to provide a balance and an ideal solution for spatial planning and the provision of land for certificate products, especially in district/city areas. In addition, the basic principles of commutative justice are considered capable of providing equality, balance, and harmony among the existing laws.