LEGAL ARRANGEMENT OF CITY ROOM UTILIZATION IN SUPPORTING GREEN OPEN SPACES IN KUPANG CITY

Abstract

Spaces in Kupang City are divided into seven (7) Parts of Urban Areas (BWK), which contain Green
Open Space (RTH) with essential functions, including environmental, economic, social and educational
functions. It is set in the Regional Regulation (Perda) Kota Kupang N o. 12 In 2011 t Entang Detailed Spatial
Plan (RDTR) Kota Kupang Year 2011-20 3 1. The Regional Regulation comes from the mandate of Law No.26
/ 2007 on Spatial Planning and Law No.32 / 2009 concerning Environmental Protection and Management that
requires that in Kupang city must have a minimum green space area of 30%, consisting of 20% public green
space and 10% Private green space is part of the function of the environment. This study aims
to analyze the legal arrangements for the use of urban space in support of green space in the city of Kupang. The
method used in this study is the study of Normative Law with data collection techniques in the form of literature
studies related to aspects of spatial law, green space, and the environment. Then analyzed using Hans Kelsen's
theory of the legal system. Results of the study showed that p ettings city space utilization law has not been able
to support the green space in the city of Kupang. There are several Articles which are incompatible both
horizontally and vertically. Incompatibility this shows the unobedient legal norms according to the theory of
Hans Kelsen about the legal system. Originally the RDTR law needed to support green open space in the city of
Kupang.
Keywords: Kupang city, spatial use, legal arrangement