The arrangement of the implementation of spatial planning is expected to be able to overcome space availability that is very limited. However, even though the provisions regarding spatial planning has existed for a long time, the spatial conflict remains frequent. This is due to differences in regulations and spatial data that comes overlapping in the process of implementing policies and results in discrepancies in space utilization. Therefore, a comprehensive arrangement is needed to regulate the settlement of spatial incomformity.
To answer this, the government through Article 17 of the Job Creation Act regulates the resolution of spatial inconformity. In addition, the government also published Government Regulation Number 43/2021 on the Settlement of Incompatibilities Relating to Spatial Planning, Forest Areas, Licenses and/or Land Rights (GR 43/2021) as the implementing rules of the article. This summary exists to help understanding GR 43/2021.
Scope ( 3 GR 43/2021)
GR 43/2021 has a scope consists of:
- Settlement of Regional Lines;
- Settlement of RTRWP, RTRWK, Forest Areas, licensing, Consessions, Land Rights, and/or Management Right incomformity;
- Settlement of Coastal line incomformity with Land Rights, Management Right, and/or licensing related to activities that use the marine room;
- Settlement of Incomformity between RTRL, RZ KSNT, RZ KAW, and/or RZWP-3-K with licensing related to activities that use the marine room;
- Institutions and governance of resolving spatial incomformity, forest areas, licensing, concessions, land rights, and / or management rights.
Settlement of Regional Lines ( 4 GR 43/2021)
Settlement of Regional Lines consists of:
- settlement acceleration of regional boundaries; and
- Completion of incomformity between regional boundaries and RTRWP and / or RTRWK (Article 6 of PP 43/2021)
Revisions of RTWP and / or RTRWK are carried out to be adjusted with the regional boundaries that has been set. This is done when regional boundaries are set, but there is an incomformity with RTRWP and / or RTRWK
Settlement of RTRWP, RTRWK, Forest Areas, licensing, Consessions, Land Rights, and/or Management Right incomformity
The explanation of several settlement on such incomformity is as follows:
- Settlement Incomformity between RTRWP and/or RTRWK, and Forest Area ( 8 GR 43/2021)
- Settlement of Incomformity between RTRWP and RTRWK ( 9-10 GR 43/2021)
Settlement of Incomformity between RTRWP and RZWP-3-K ( 20-21 GR 43/2021)
Settlement of incomformity between licensing related to the activities that uses marine space, and RTRL, RZ KSNT, RZ KAW and/or RZWP3-K ( 22 GR 43/2021)
The settlement for such incompatibilities consists of::
Whereas the settlement of such incompatibilities in violation is conducted with the imposition of administrative sanctions in accordance with the law.
Institutions and Governance of Spatial Incomformity Settlement ( 23 GR 43/2021)
Settlement of spatial incomformity, forest areas, permits, concessions, land rights, and / or management rights is carried out by the Coordination Team lead by the Coordinating Minister for Economic Affairs. The coordination team is regulated by the Presidential Regulation.