Understanding Land Regulation: Contextual and Systematic
Understanding Land Regulation: Contextual and Systematic
Understanding regulations is not enough with a textual approach that is limited to a literal understanding of each article. A more in-depth and comprehensive understanding is needed, which involves a systematic and contextual approach.
The systematic approach requires us to look at the law not only from article to article, but as an integrated and interrelated legal entity. This allows us to understand the structure and purpose of the law more clearly.
Meanwhile, the contextual approach requires us to consider the prevailing social, economic and cultural conditions, so that our understanding of regulations can be relevant and applicable in practice.
One prominent example of the application of these two approaches is in the Basic Agrarian Law. This law states that the earth, water and space above and within the sea are controlled by the state and used for the welfare of the people. From this principle, various licensing regimes are derived that regulate the utilization of these natural resources.
For example, groundwater delivered through a well may be free for personal use. However, when the water is used for commercial purposes, such as hotels, a permit regime is required and the water use is metered, similar to PDAM services. In this case, the capacity of local and provincial government authority in regulating natural resource utilization has been clearly defined.
By understanding regulations through a systematic and contextual approach, we can better ensure that natural resources are managed in a fair and responsible manner, while ensuring the welfare of the people and environmental sustainability.
