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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)
Xavier Nugraha (Faculty of Law, Airlangga University, Surabaya, Indonesia)
Julienna Hartono (Faculty of Law, Airlangga University, Surabaya, Indonesia)
Angelica Milano Aryani Wibisono (Faculty of Law, Airlangga University, Surabaya, Indonesia)

Journal of Property, Planning and Environmental Law

ISSN: 2514-9407

Article publication date: 2 November 2023

64

Abstract

Purpose

This paper aims to analyze regulation regarding sustainable construction procurement in Southeast Asia and provide a reconstruction of regulation regarding the sustainable construction procurement to prevent land degradation.

Design/methodology/approach

This was done through legal research methods, mainly historical and systematical interpretation. The approaches used in this paper are the conceptual approach, statute approach and comparative approach.

Findings

By analyzing the related legal norms, it can be understood that many nations in Southeast Asia do not have regulation regarding sustainable construction procurement. Between Indonesia, Singapore and Thailand, only Indonesia has a ministrial regulation that provides general norms regarding sustainable construction procurement. Regarding the reconstruction of regulation, the bare minimum standards consist of principle, indicators, pillar, the phases of the procurement, law enforcement, both preventive and repressive, and sustainable procurement committee.

Research limitations/implications

This research is limited to regulation in Southeast Asian region. By analyzing the regulation, this paper will provide a reconstruction of regulations regarding sustainable construction procurement that will act as an ground rules. Having the same ground rules will create synergies between countries in Southeast Asia to apply the principles of sustainable procurement and move together toward to prevent land 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

Citation

Kurniawan, F., Nugraha, X., Hartono, J. and Wibisono, A.M.A. (2023), "Legal framework of sustainable construction procurement to prevent land degradation: comparison between Indonesia, Singapore and Thailand", Journal of Property, Planning and Environmental Law, Vol. ahead-of-print No. ahead-of-print. https://doi.org/10.1108/JPPEL-05-2023-0021

Publisher

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Emerald Publishing Limited

Copyright © 2023, Emerald Publishing Limited

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