Legal framework of sustainable construction procurement to prevent land degradation: comparison between Indonesia, Singapore and Thailand
| Date | 02 November 2023 |
| Pages | 92-104 |
| DOI | https://doi.org/10.1108/JPPEL-05-2023-0021 |
| Published date | 02 November 2023 |
| Subject Matter | Property management & built environment,Building & construction,Building & construction law,Real estate & property,Property law |
| Author | Faizal Kurniawan,Xavier Nugraha,Julienna Hartono,Angelica Milano Aryani Wibisono |
Legal framework of sustainable
construction procurement to
prevent land degradation:
comparison between Indonesia,
Singapore and Thailand
Faizal Kurniawan
Department of Civil Law, Airlangga University, Surabaya, Indonesia, and
Xavier Nugraha,Julienna Hartono and
Angelica Milano Aryani Wibisono
Faculty of Law, Airlangga University, Surabaya, Indonesia
Abstract
Purpose –This paper aims to analyze regulation regarding sustainable construction procurement in
SoutheastAsia and provide a reconstructionof regulation regardingthe sustainable constructionprocurement
to preventland degradation.
Design/methodology/approach –This was done throughlegal research methods, mainly historical and
systematicalinterpretation. The approaches used in this paper are the conceptual approach, statuteapproach
and comparativeapproach.
Findings –By analyzing the relatedlegal norms, it can be understood that many nations in SoutheastAsia
do not have regulation regarding sustainable constructionprocurement. Between Indonesia, Singapore and
Thailand, only Indonesia has a ministrial regulation that provides general norms regarding sustainable
constructionprocurement. Regarding the reconstructionof regulation, the bare minimum standardsconsist of
principle, indicators,pillar, the phases of the procurement, law enforcement, both preventiveand repressive,
and sustainableprocurement committee.
Research limitations/implications –This research is limited to regulationin Southeast Asian region.
By analyzing the regulation, this paper will provide a reconstruction of regulations regarding sustainable
constructionprocurement that will act as an ground rules. Havingthe same ground rules will create synergies
between countries in Southeast Asiato apply the principles of sustainable procurement and move together
toward to preventland degradation.
Originality/value –To the best of the authors’knowledge, this paper is the first systematic legal research
that compares regulations from three nations in Southeast Asia regarding sustainable construction procurement
and also the first paper to provide reconstruction of regulation regarding sustainable construction procurement
to prevent land degradation.
Keywords Land, Construction procurement, Sustainable city, Land consumption, Land degradation,
Sustainable construction procurement
Paper type Research paper
Introduction
The state is a legal entity that is responsiblefor the well-being of its citizens (Elviandri et al,
2019). Land is one of the natural resources that plays an important role in achieving
prosperity (Nampewoet al.,2022).This is in accordance with Article 2, Paragraph (3) of Law
JPPEL
16,2
92
Received19 May 2023
Revised7 September 2023
Accepted5 October 2023
Journalof Property, Planning and
EnvironmentalLaw
Vol.16 No. 2, 2024
pp. 92-104
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-05-2023-0021
The current issue and full text archive of this journal is available on Emerald Insight at:
https://www.emerald.com/insight/2514-9407.htm
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