Tadulako Law Review (Dec 2022)
GOVERNMENT POLICY ON THE CONSTRUCTION OF SHOP HOUSE WHICH USES FOR SWIFTLET FARMING BUSINESS
Abstract
The research objective to (1) analyze the Palu City government's policy on the development of a swiftlet farm to prevent environmental impacts and (2) analyze the legal implications of the construction of a shop house whose utilization is used for a Swiftlet's breeding business. The research used normative-empirical legal research is a type of normative legal research that is supported and equipped with empirical data and cases. Data sources were obtained through primary, secondary, and tertiary sources as well as interviews with the Head of the Palu City Spatial Planning and Land Office, the Head of the Palu City Environment Service, and Swiftlet nest entrepreneurs in Palu City. This research is then analyzed qualitatively after the data analysis is complete, the results are presented descriptively. The research result indicates that (1) the local government policy of Palu City in the management and utilization of swiftlet nests currently does not have specific rules in the form of Regional Regulations or in the form of Major Regulations, causing spatial violations and indications of not having a building permit so that the local government of Palu City takes supervisory actions, and (2) misuse of IMB that is not in accordance with its designation is used for the management and utilization of the swiftlet business that occurs in Palu City can be categorized as an unlawful act due to the actions of business actors who own shop houses while converting the building's function. with the management and utilization of the Swiftlet business in Palu City, it has fulfilled the elements of an unlawful act and violated the provisions of Article 1365 BW. As well as the obstacles faced by the local government of Palu City, there is currently a legal vacuum in terms of building construction for the use and management of Swiftlet.
