Tinjauan Yuridis Sosiologis Hambatan Dalam Penerbitan Izin Mendirikan Bangunan Masjid Studi Kasus di Wilayah Kelurahan Baluwarti Surakarta
Any individuals or legal entities which are going to utilize the space for certain activities must obtain a Room Utilization Permit (IPR) from the Mayor or other appointed officials or a Building Permit (IMB) from the Government of Surakarta. Baluwarti administrative region is a cultural heritage ar...
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2017-04.
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| Summary: | Any individuals or legal entities which are going to utilize the space for certain activities must obtain a Room Utilization Permit (IPR) from the Mayor or other appointed officials or a Building Permit (IMB) from the Government of Surakarta. Baluwarti administrative region is a cultural heritage area which is protected and preserved, in which it is not easy to renovate an existing building or adding a new building to set up a mosque, while the status of the lands are owned by Kraton Kasunanan Surakarta (Kasunanan Palace of Surakarta), in which the people who live and inhabit buildings in the Baluwarti administrative region are only have the Right to Use the Buildings (HGB), without having the Ownership Certificate of the Lands, while the certificate is among the requirements to apply for the Building Permit (IMB) to the Surakarta municipal government. Thus, there are problems of lawlessness, in form of the dismissal of the obligation to apply for the Building Permit (IMB), as the result of the inconsistency of the implementation of the IMB and the preservation of the cultural heritages related regulations in Baluwarti administrative region, as well as the lack of synergy between the Surakarta government officials with the Pengageng Parentah Kraton Surakarta (the management representatives from the Surakarta Palace) in the making of the policy regarding to this matter. On the other side, we can see the phenomenon of the increasing numbers of the mosque in the Baluwarti administrative region, as well as the ongoing of various aspects of renovation of the mosques, such as in terms of shape, width or increase of the vertical flooring. The situation raised, driven by the needs of the people for the availability of the mosque, as the place they use to pray, to facilitate the mosque committees' meetings, and also to provide religious educations, such as how to read Koran or the Yellow Book. The discussions in this thesis will include the cause of the neglection of the obligation to have IMB for building a mosque, and the implementation of the ungrounded regulations related to IMB and the cultural heritage preservation, as well as the ongoing inaction by the government officials who didn't make the policy by involving the management representatives from the Kraton, or in other words, there has been a structural obstacle which then developed into cultural barriers. The author of this thesis chose the Non Doctrinal legal research methods with qualitative analysis, ethnographic approach, also by using Structuration theory from Anthony Giddens. The purpose of this study is to find a more detailed inhibiting factors in publishing IMB, the implementation of the laws and regulations related to IMB and Cultural Heritage Preservation, as well as the omission of the ongoing neglections to the law and order. The results of this study show that the absence of the Land Ownership Certificate is triggering the inhibition of mosque officials to apply for a Building Permit (IMB), in which the issuance of a policy, regulation or discretion is needed. Key words: Inequality phenomenon, conscientious, find, solution. |
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| Item Description: | https://eprints.ums.ac.id/51987/1/NASKAH%20PUBLIKASI.pdf https://eprints.ums.ac.id/51987/2/HALAMAN%20DEPAN.pdf https://eprints.ums.ac.id/51987/3/BAB%20I.pdf https://eprints.ums.ac.id/51987/4/BAB%20II.pdf https://eprints.ums.ac.id/51987/5/BAB%20III.pdf https://eprints.ums.ac.id/51987/6/BAB%20IV.pdf https://eprints.ums.ac.id/51987/7/BAB%20V.pdf https://eprints.ums.ac.id/51987/8/DAFTAR%20PUSTAKA.pdf https://eprints.ums.ac.id/51987/9/SURAT%20PERNYATAAN%20ARTIKEL%20PUBLIKASI.pdf |