SUSTAINABLE DEVELOPMENT CONCEPT IN THE ASPECT OF SUB-LAND AND ON-LAND AREA LICENSING UNDER JOB CREATION ACT

Abstract The use of sub-land and on-land area is an interesting phenomenon considering the regulation has not yet been accommodate in all areas of Indonesia. The promulgation of Law No. 11, 2020 concerning Job Creation brings summer breeze for business actors in utilizing the sub-land and on-land area. However, with the regulation of utilization of area in the Job Creation Act, it can be deemed as a radical change because the omission of environmental license as the requirement to do business. Research findings concluded that the implication of the amendment of the Environmental Impact Analysis (AMDAL), Environmental Management Measures (UKL) and Environmental Monitoring Measures (UPL) of environmental license requirements for the construction of sub-land and on-land area post enactment of Job Creation Act is contradictive with the spirit of sustainable development. The concept of sub-land and on-land area license meets the safety aspect and sustainable development can be seen through 3 (three) schemes, i.e., 1) Do Nothing Scheme which is governmental policy in issuing the utilization license for sub-land and on-land area should refer back to the old regulation as stipulated in Law No. 32, 2009 concerning Environmental Protection and Management. 2) the Follow the Draft Scheme of which the House of Representatives and the government adopt the whole course of change that are the contents of the Job Creation Act jo. Governmental Regulation No. 18, 2021. 3) Revise It Scheme is a middle way solution offering division of power based on the input-process-output work cycle. The management at the input phase (policy and standardization) and the output (license issue) lies with the central government, while the process is assigned to the Autonomy Region so with the collaboration among parties, in this case the Regional Government, Central Government and experts, the principle of balance that definitely is leading to the fulfillment of safety, security, and sustainable development aspects