In line with the concept of the welfare state, this concept assigns the government the duty to ensure the well-being of its people. This is closely related to the government’s basic duties in a narrow sense, and in a broader sense, it relates to the state’s objective, namely bestuurszoorg (public welfare). The principles of administrative law (HAN)—defined as the law relating to public administration—pertain to the methods or efforts by which the government carries out its duties, including the nature of its authority, its responsibilities, and how that authority is exercised.
Although Ministerial Decree ATR/BPN No. 1589/2021, in substance, implements Law No. 41 of 2009 on the Protection of Sustainable Food Agricultural Land, pursuant to Article 100 of the Law on the Formation of Regulatory Instruments (UUPPP), it cannot be treated as a statutory regulation; therefore, pursuant to the law, the provisions of Brebes Regency Regional Regulation No. 13 of 2019 on the 2019–2039 Spatial Plan for Brebes Regency may be implemented. As for Brebes Regent Regulation No. 51 of 2024 concerning the Detailed Spatial Plan for the Ketanggungan Kersana Urban Area, a Regional Regulation (PERDA) holds a higher legal standing than a Regent’s Decree; therefore, by law, Brebes Regency PERDA No. 13/2019 holds a higher hierarchical position than PERBUP No. 51/2024 in accordance with the principle of lex superior de
In line with the concept of the welfare state, this concept assigns the government the duty to ensure the well-being of its people. This is closely related to the government’s basic duties in a narrow sense, and in a broader sense, it relates to the state’s objective, namely bestuurszoorg (public welfare). The principles of administrative law (HAN)—defined as the law relating to public administration—pertain to the methods or efforts by which the government carries out its duties, including the nature of its authority, its responsibilities, and how that authority is exercised.
It can be said that there is consistency in the provisions, both internally within Brebes Regency Regional Regulation No. 13 of 2019 itself and vertically between the Brebes Regency Regional Regulation and Brebes Regent Regulation No. 51 of 2024 regarding the implementation of the construction of the Kubangsari–PT DK Wangon primary local road. As a legal consequence, the implementation of the road construction in question is legitimate and may proceed.
Simply put, the public interest is an interest that must take precedence over other interests; in this case, specifically, it refers to the interests of the community. In the present case, the economic growth of Brebes Regency can be classified as a public interest.
As for the funding schemes that the Brebes Regency Government may use to construct road access—if the funding comes from the private sector—it will depend on the category of road to be designated. If the road is designated as a public road, grant schemes may be used, including both service grants and cash grants. If the road is designated as a special-use road, the Brebes Regency Government may enter into an Infrastructure Provision Partnership with a private legal entity that will subsequently use the road facilities.
1 Prof. Dr. Nurhasan Ismail, S.H., M.Si.; Annisa Syaufika Yustisia R., S.H., M.H.; dan Hendry Julian Noor, S.H., M.Kn.
