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TEKNIK HUKUM DAN ADMINISTRASI PERENCANAAN

TUGAS 1 HUKUM DAN PLANNING LAW

OLEH ZULKIFLI D52110274

PROGRAM STUDI TEKNIK PENGEMBANGAN WILAYAH & KOTA JURUSAN ARSITEKTUR FAKULTAS TEKNIK UNIVERSITAS HASANUDDIN

2012

Pengertian Hukum Hukum adalah sistem yang terpenting dalam pelaksanaan atas rangkaian kekuasaan kelembagaan. dari bentuk penyalahgunaan kekuasaan dalam bidang politik, ekonomi dan masyarakat dalam berbagai cara dan bertindak, sebagai perantara utama dalam hubungan sosial antar masyarakat terhadap kriminalisasi dalam hukum pidana, hukum pidana yang berupayakan cara negara dapat menuntut pelaku dalam konstitusi hukum menyediakan kerangka kerja bagi penciptaan hukum, perlindungan hak asasi manusia dan memperluas kekuasaan politik serta cara perwakilan di mana mereka yang akan dipilih. Administratif hukum digunakan untuk meninjau kembali keputusan dari pemerintah, sementara hukum internasional mengatur persoalan antara berdaulat negara dalam kegiatan mulai dari perdagangan lingkungan peraturan atau tindakan militer. filsuf Aristotle menyatakan bahwa "Sebuah supremasi hukum akan jauh lebih baik dari pada dibandingkan dengan peraturan tirani yang merajalela. Planning Law Historical development of planning law Introduction The problems of town and country planning in Britain arise mainly from the profound revolution through which the country has passed in the last 200 years. The most important feature of the revolution has been the enormous growth in the population, especially during the nineteenth century. In 1800 the population was about 10.5 million; by 1850 it had increased to nearly 21 million and by 1900 it had nearly doubled again to 37 million. Since then the rate of increase has been considerably less but even so the population has grown to over 60 million. Such an increase could not fail to alter the physical appearance of the country and to bring in its train a whole host of problems. It is doubtful whether the country could have sustained so large a growth in the population but for the industrial revolution which changed Britain from a predominantly agricultural nation to an industrial one. The early industrial revolution was centred on the coalfields and on the wool and cotton towns of the north, and was assisted by the building first of canals and later of railways. The result was to concentrate the population in certain parts of the country, chiefly the north of England, the Midlands and South Wales. The industrial towns grew in size more dramatically even than the general population and people left the countryside to find work in the new factories. During the first half of the nineteenth century the number of people in the countryside increased since the growth in population was greater than the migration to the towns; but with the decline in agriculture after 1850 the population of the countryside declined absolutely. Conditions in the new industrial towns were often appalling. Factories and houses sprang up side by side without any attempt at zoning; although it must be remembered that until the coming of the railways, most people had to live within walking distance of their work. Still worse, there was no attempt even to control standards of building

construction and sanitation. Although the housing conditions of the skilled artisan and the miners were often better than is now realised, conditions generally were very bad.1 The foul state of the houses encouraged the spread of disease and there were serious outbreaks of cholera and typhoid in the 1830s and 1840s. Local boards of health had been set up after the cholera epidemic of 18311833 but were allowed to lapse. In 1838 the Poor Law Commissioners published a report showing evidence obtained when they employed a number of doctors to inquire into the causes of death and destitution in London. They then commissioned the energetic public health reformer Edwin Chadwick to carry out a similar investigation over the whole country. The publication of the results of this in 1842 led to the appointment of a Royal Commission on the Health of Towns, which published its first report in 1844 (to a considerable extent the work of Chadwick) and its second report in 1845. These reports were followed in 1848 by two Acts of Parliament, which although very limited in scope and effect, are significant as laying the foundations of permanent statutory restrictions on the freedom of landowners to build as they pleased. The Public Health Act 1848, set up a General Board of Health with powers to create local boards on the petition of 10 per cent of the inhabitants of a district and to enforce boards where the death rate was above 23 per 1,000. The boards were given powers to ensure that both new and existing houses were provided with water and drainage: the building of new houses was not to be commenced until the board had been given notice of the position of privies and drains. The Nuisance Removal and Disease Prevention Act 1848 applied throughout the country and made it an offence to build a new house to drain into an open ditch. This Act was replaced in 1855 by the Nuisances Removal Act, which enabled the local authority to complain to the justices where any premises were in such a state as to be a nuisance or injurious to health. The justices order could require the provision of sufficient privy accommodation, means of drainage and ventilation to make the house safe and habitable, and, if the house were unfit for habitation, could prohibit its use for that purpose. The Act of 1855 was extended by the Sanitary Act 1866, which inter alia enabled the local council or board of health to deal with houses lacking proper drainage by compelling their connection with a public sewer (if within 100 feet) or with a cesspool or some other place. At the same time, the more enterprising municipalities were obtaining extended powers by petitioning Parliament for local Acts. These local Acts were of special significance in that they paved the way for the great Public Health Act 1875. This consolidated the earlier public general Acts and gave national application to provisions previously found only in local Acts. Local authorities were given power not only to secure proper standards of drainage and closet accommodation, but also to make byelaws regulating the size of rooms, the space about the houses and the width of the street in front of them; provision was also made for the making up and sewering of unadopted streets at the expense of the frontages. Builders were anxious to get as many houses as possible to the acre, and the byelaw minimum became accordingly the maximum and the minimum at once. The result was the sea of uniform rows of streets and houses which surrounds the centre of many of our industrial towns and whose dreary and unbroken regularity is too well known to require description. Nevertheless, byelaw control was an important step forward.

The powers of local government in the field of public health were supplemented by housing legislation beginning with the Artizans and Labourers Dwelling Act 1868, which gave powers to deal with individual insanitary houses. This was followed in 1875 by powers to undertake slum clearance2 and in 1890 by powers to build tenements and cottages for the housing of the working classes. This activity in the fields of public health and housing was followed by a sweeping reform of local government. Outside the boroughs, local government was entrusted to a patchwork of authorities often of an ad hoc character such as the local boards of health. These were replaced by the establishment of country councils in 1888, and urban and rural district councils in 1894. Thus, by the end of the century, there existed an effective system of local government with substantial powers in the fields of public health and housing. It soon became apparent, however, that something more was necessary. The possibility of more satisfactory conditions of living and working was being demonstrated by the building of such places as Bournville and Port Sunlight by enlightened industrialists. About the same time, Ebenezer Howard wrote the famous book Garden Cities of Tomorrow, which may be taken as the starting point of the new towns movement, as well as the immediate inspiration for the first garden city of Letchworth started in 1903. The development of regulatory planning The Acts of 1909 to 1943 The first Planning Act was passed in 1909.4 It authorised the preparation by local councils of planning schemes for any land which is in course of development or appears likely to be used for building purposes, ie suburban land. Such schemes were to be prepared with the object of ensuring that in future land in the vicinity of towns shall be developed in such a way as to secure proper sanitary conditions, amenity and convenience in connection with the laying out of the land itself and any neighbouring land. Thus to the search for good sanitary conditions, which had characterised the nineteenth century reforms, there were added the claims of amenity and convenience. The planning scheme was far more ambitious and flexible than the byelaw. Not only could it regulate the number of buildings on a site and the space about them, but it could provide both for the control of their appearance and the way in which they might be used. The scheme might also define zones in which only certain specific types of building use would be permitted, and it could list types of development which could not be undertaken without specific application to the local authority. The preparation and approval of a scheme was necessarily a lengthy process, and an Act of 19195 introduced the concept of interim development control: that is during the period from the passing by the council of a resolution to prepare a scheme until the scheme became effective. Under interim control, a developer was not obliged to apply for permission but if his development conflicted with the scheme as ultimately approved he could not obtain compensation. On the other hand, if he obtained interim development consent, he was safeguarded.

The next major step forward was the Act of 19326 which enabled local authorities to prepare planning schemes for any land in England and Wales and not merely for suburban land as hitherto. The Act of 1932 was purely permissive, but it was supplemented in 1935 by the Restriction of Ribbon Development Act which made new building within 220 feet of classified roads, or roads made the subject of a resolution under the Act, subject to control. And in 1943 (when 73 per cent of the land in England and 36 per cent of the land in Wales had become subject to interim control under the Act of 1932) it was provided that all land in England and Wales should be deemed to be subject to interim control whether or not the local authority had passed a resolution to prepare a scheme. New problems The Acts of 1909 to 1943 had all been based on the concept of the planning scheme. Such schemes were undoubtedly useful in ensuring that new development conformed to certain standards of amenity and convenience and in controlling changes in the use of existing buildings. But new problems were coming into prominence and it soon became apparent that the planning scheme was unsuitable for dealing with these. The population continued to grow substantially although less dramatically than in the nineteenth century. The advent of road transport and a cheap supply of electric power was changing the face of the country. These influences resulted in a new growth in the size of towns and cities and of many places beyond their boundaries. Industry was no longer tied to the coalfields and railways, and between the two wars a major relocation of the nations industrial power took place. Some of the older industrial areas went through a period of prolonged and at times severe depression which led to the appointment of Commissioners for Special Areas. The Commissioners, whilst emphasising that economic considerations must in the main determine the location of industry, drew attention to the dangers involved in the continued haphazard growth of the Metropolis and considered that much of the growth was not based on strictly economic factors.8 The result was the appointment of the Royal Commission on the Distribution of the Industrial Population (the Barlow Commission). The Barlow Report,9 after lengthy examination of the advantages and disadvantages of the swollen state of the cities, came to the definite conclusion that:10 the disadvantages in many, if not in most of the great industrial concentrations, alike on the strategical, the social, and the economic side, do constitute serious handicaps and even in some respects dangers to the nations life and development, and we are of opinion that definite action should be taken by the Government towards remedying them. The Report also commented on the serious loss of agricultural land which they said: since 1900 has been so rapid that it is stated to have covered with bricks and mortar an area equal in size to the counties of Buckingham and Bedford combined. Alike in urban extensions and in expropriation of land by Government Departments for military, Royal Air Force, or other national requirements, regard must be had to the agricultural needs of the country. Nor is it merely the agricultural needs of the country that should be borne in mind. Providence has endowed Great Britain not only with wide tracts of fertile soil, but with mineral wealth in the form of tin, lead, iron-ore, and, above all, coal; with abundant supplies of water, hard and soft, corresponding to the various needs of industry; with

rivers and harbours apt for transport and for both foreign and internal trade; and last, but by no means least, with amenities and recreational opportunities, with hills and dales, with forests, moors and headlands precious possessions for fostering and enriching the nations well-being and vitality.

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