12
Oct2021

Organization of Spatial Planning (Government Regulation Number 21 of 2021)

Given the continuous increase in the human population and limited availability of space, a regulation that regulates the arrangement of space. To create the regularity of a good space arrangement, the Indonesian government issued Job Creation Act), which one of its contents related to spatial planning. Then in February 2021, the government issued 49 implementing regulations from UUCK, one of which was the Government Regulation Number 21 of 2021 on the Organization of Spatial Planning (GR 21/2021).

GR 21/2021 is expected to be able to integrate various across sectoral, cross-regional, and cross-stakeholders in terms of implementation of spatial structuring. With a good implementation, it will be able to improve the investment in Indonesia. GR 21/2021 contains provisions regarding Spatial Planning, Utilization of Space, Control of Space Utilization, Supervision of Spatial Planning, Spatial Planning Development, and Institutional Spatial Planning.

 

Simplification of Spatial Planning (RTR)

Job Creation act and GR 21/2021 make an arrangement to simplify the hierarchy of spatial panning by removing the RTR Strategic Area (Kawasan Strategis) of the provincial and district/city.[1] The charge contained in KS is integrated into RTRW of provincial and district/city.[2]

 

Integration of Land and Sea Spatial Planning

GR 21/2021 integrates the technical charge of the sea and land spatial planning into one product layout plan. Integrated RTR land and sea are then set in one of the following legal products:

  1. Government Regulation for RTRWN;[3]
  1. Presidential Regulation for National Strategic Areas (KSN);[4]
  2. Regional Regulation or Governor Regulation for RTRW Province;[5]
  3. Regional Regulation or Regional Head Regulations for Regency / City RTRW;[6]

 

Stipulation of RTRW of Province, District/City

Through GR 21/2021, the period of preparation and stipulation of RTRW is limited to 18 months, starting since preparation of RTRW begin.[7] The process of preparing until the stipulation of RTRW is as follows:[8]

  1. Preparation of RTRW by Minister of ATR/Regional Government;
  2. Submission of the Draft Regional Regulation on RTRW (Ranperda RTRW);
  3. Discussion of RTRW RTRW in the local parliament (DPRD);
  4. Submission of Ranperda RTRW to Minister of ATR;
  5. Cross-sector discussion by local government, DPRD, and related stakeholders;
  6. Issuance of substance approval by Minister of ATR;
  7. Joint approval between regional leader and DPRD;
  8. Evaluation of Ranperda RTRW by the Ministry of Home Affairs (for RTRW Province)/Governor (for RTRW District/City);
  9. Stipulation of Regional Regulation on RTRW.

 

Stipulation of District/City Spatial Detail Plan (RDTR)

Through GR 21/2021, preparation and stipulation of RDTR is limited to 12 months since the start of RDTR preparation.[9] The process is as follow:[10]

  1. Public consultation Draft Regional Regulation on RDTR (Ranperda RDTR) by the District/City Government together with the community including DPRD;
  2. Submission of Ranperda RDTR from the Regent/Mayor to the Minister of ATR;
  3. Cross-sector discussion by the Minister of ATR with the Provincial Government and District/City Government, DPRD, and related stakeholders;
  4. Issuance of substance approval by the Minister of ATR which can be delegated to the governor;
  5. Stipulation of Local Leader Regulation (Perkada) on RDTR;
  6. In the event of Perkada is not stipulated within 2 months after substance approval, Minister of ATR stipulates Ministreal Regulation that must be followed up by the regent/mayor with the stipulation of Perkada on RDTR of District/City.

 

Conformity of Space Utilization Activites (KKPR)

KKPR is a conformity between space utilization activities and RTR. KKPR is issued by Minister of ATR. KKPR consists of:[11]

  1. KKPR for business activities

The implementation of such KKPR is obtained through OSS. After obtaining KKPR, business entity can submit a request to obtain business license.[12]

  1. KKPR for non-business activities
  2. KKPR for national strategic activities

In transition period, the Minister of ATR delegates its’ authority to issue KKPR approval for business and non-business activities electronically to the local leader.

 

Sanction and Dispute Settlement

In order to control space utilization, administrative sanctions can be charged. The form of administrative sanctions are:[13]

  1. Written warning;
  2. Administrative fines;
  3. Temporary termination of activities;
  4. Temporary termination of public services;
  5. Location closure;
  6. Revocation of suitability of space utilization activities;
  7. Cancellation of suitability of space utilization activities;
  8. Demolition of buildings; and / or
  9. Recovery of space function.

Administrative sanction can be imposed on everyone who does carry out the spatial plan which results in changes in the function of the space.[14] In addition, administrative sanctions can also be imposed on parties who do not comply with the provisions of space utilization in RTR, blocking access to areas stated as public property. Imposition of administrative sanctions is carried out based on:[15]

  1. the results of the assessment of the implementation of the provisions of the KKPR;
  2. the results of supervision of spatial planning;
  3. Results of Spatial Audit; and / or
  4. Complaints of violation of space utilization.

 

Institutional in Spatial Planning

In GR 21/2021recognize a forum called Spatial Planning Forum which help central government and local government by providing consideration in the implementation of spatial planning. The forum has several roles in implementing spatial planning, namely:

  1. Recommend a review of regional head regulation on RDTR;[16]
  2. Provide consideration for KKPR approval for business and non-business activities.[17]

The forum consists of:[18]

  1. Representative from related Ministries/Institutions to spatial planning, professional associations, academic associations, and community leaders for the forum at the center government.
  2. Regional officials (perangkat daerah), professional associations, academic associations, and community leaders for the forum in local area.

 

 

DISCLAIMER:

Any information contained in this Article is provided for informational purposes only and should not be construed as legal advice on any subject matter.  You should not act or refrain from acting on the basis of any content included in this Legal Update without seeking legal or other professional advice.  This document is copyright protected. No part of this document may be disclosed, distributed, reproduced or transmitted in any form or by any means, including photocopying and recording or stored in a retrieval system of any nature without the prior written consent of SIP Law Firm.

 

 

[1] Art. 5 (2) GR 21/2021

[2] Art. 15, 18, 21 GR 21/2021

[3] Art. 12 (2) letter e GR 21/2021

[4] Art. 36 (2) letter e GR 21/2021

[5] Art. 16 (2) letter e GR 21/2021

[6] Art. 19 (2) letter e, and Art. 23 (2) letter e GR 21/2021

[7] Art. 9 (2) GR 21/2021

[8] Art. 60-84 GR 21/2021

[9] Art. 24 (3) GR 21/2021

[10] Art. 85-91 GR 21/2021

[11] Art. 98 GR 21/2021

[12] Art. 100 GR 21/2021

[13] Art. 195 GR 21/2021

[14] Art. 189 GR 21/2021

[15] Art. 190 & Art. 192 GR 21/2021

[16] Art. 93 GR 21/2021

[17] Art. 113 & Art. 129 GR 21/2021

[18] Art. 238 GR 21/2021

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