D1.1 Legal Background and Institutional Transition D1.1.1 Legal Background of Spatial Plan
Since the independence. two regulations introduced in 1948 and 1949 by the Dutch Traditional Government were continuously enforced by the Government of Indonesia (GOI) for controlling urban development, especially in Island of Java. The basis of this formal spatial planning in Indonesia was European urban environmental regulations such as building lines and zoning.
To cope with increased complexity of urbanization and demand for purely Indonesian planning law, legal actions for spatial plan taken by GOI since 1990s are summarized in Table D1.1.1.
Table D1.1.1 Legal Actions for Spatial Plan by GOI since 1990s
Date No. Title Key Point
13 Oct. 1992 UU No.24/1992 Spatial Plan To build up the first legal basis for spatial planning in Indonesia.
To back up centralized system of spatial planning by GOI.
To become outdated before implementation to full extent due to a major pollical change in Indonesia resulting from 1997-1998 Asian financial crisis
26 Apr. 2007 UU No.26/2007 Spatial
Management To conform with newly introduced laws and regulations related to decentralized policy and rapid progressing urbanization,
To emphasize planning role of decentralized authorities through strengthening bargaining power of local authorities to push forward their goals in spatial planning.
10 Mar. 2008 PP No.26/2008 National Spatial
Plan To guide effective and efficient planning processes for achieving stated objectives of the spatial plan.
To demarcate general spatial plan and to establish framework of detailed spatial plan
To give governors and central government the right to override land use decisions made by local authorities of regency/city when conflicts of land use planning between central government and local authorities occur in very special manner.
20 Dec. 2011 PM No.20/PRT/M/2011 Guidance for Development of Detailed Spatial Plan
To provide local authorities and planners with a technical direction towards spatial planning including components of Detailed Special Plan, delineation of planning areas, components of zoning and stakeholders’
involvement.
Source: JICA Project Team 2
D1.1.2 Institutional Transition of Spatial Planning
The organization responsible for drafting the plan in the Law No.26/2007 was the National Spatial Planning Coordination Board, which was chaired by the Coordinating Minister for the Economy. The board’s offices were set up in the National Planning Agency (BAPPENAS) and headed by BAPPENAS’s director. The Directorate General of Spatial Planning of the Ministry of Public Works was charged with handling the practical implementation of the board’ plan.
In 2015, Ministry of Agrarian Affairs and Spatial Planning/National Land Agency was established by merging the Directorate General of Spatial Planning of the Ministry of Public Works into former National Land Agency whose role was administration of land registration.
To cope with the increased authority of local governments as a result of decentralization, the new ministry should act as a sole organization responsible for administrative works related to spatial planning. Its function covers coordination of interests among local governments upon enhancement of local panning capacity, development of plans, etc. including policy matters transferred from BAPPENAS. At the local government level, implementation/ monitoring works of spatial plans are dealt by various agencies concerned such as Public Works and Housing Department (Dinas PUPR) and Regional Planning and Development Body (Bappeda).
D1.2 Outline of Latest Law and Government Regulation on Spatial Plan D1.2.1 Spatial Management
The structure of Law No.26/2007 regarding Spatial Management is shown in Table D1.2.1.
Table D1.2.1 Outline of Law No.26/2007 regarding Spatial Management
Chapter Section Sub-section Article
I General Provision 1
II Principles and Goals 2 & 3
III Spatial Planning Classification 4 to 6
IV Obligation and Authority One Obligation 7
Two Government Authority 8 & 9 V Regulation and Establishment of
Spatial Planning
12 & 13 VI Execution of Spatial
Management
One Arrangement of Spatial Plan 1 General 14 to 18
2 National Spatial Planning 19 to 21
Three Control over Spatial Utilization 35 to 40
Four Urban Spatial Management 1 General 41
Chapter Section Sub-section Article Utilization
5 Cooperation of rural
Spatial management
54
VII Supervision on Spatial Planning 55 to 59
VIII Right, Liability, and Role of the Society
60 to 66
IX Dispute Settlement 67
X Investigation 68
XI Criminal Provisions 69 to 75
XII Transitional Provisions 76 & 77
XIII Closing Provisions 78 to 50
Source: Law No.26/2007 concerning Spatial Management
D1.2.2 Framework of Spatial Planning
In the abovementioned 2007 Law, the planning role of decentralization emphasizes and the formal process is conducted to produce two categories of planning documents such as general spatial plan and detailed spatial plan as illustrated in Figure D1.2.1
Source: JICA Project Team 2
Figure D1.2.1 Spatial Planning Framework in Indonesia D1.2.3 Guideline of Detailed Spatial Planning
Aiming to provide local governments and planners with a formal direction towards the formulation of spatial plan, the Ministerial Ordinance No.20/PRT/M/2011 concerning guidance for development of Detailed Spatial Plan (RDTR) was enacted for following up the Law No.26/2007 and Presidential Decree No.26/2008 concerning National Spatial Plan. Focal points are summarized as follows:
Spatial planning process;
Spatial structural plan;
Priority areas for development;
Spatial use framework;
Spatial pattern plan regulation;
Spatial pattern planning (Zoning); and
General Spatial Plan Detailed Spatial Plan
Central An urban area within a regency or an urban area stradding multiple provinces, regencies, or cities
Metropolitan Spatial Plan One or more contiguous urban areas (population of 1 million or more) that are particularly important from a policy perspective
One or more regencies that are particularly important from a policy persepective Agropolitan Spatial Plan Metropolitan Spatial Plan A spatial plan for an agricultural area defined as a sub-district or multiple
Stakeholders involvement.
In developing RDTR, the following stakeholders should be involved:
Individual or group of people;
Community organizations in urban or local level;
Local government and its branches related to a planning area; and
Private sector either local or those who may have interests to a invest in planning area.
Spatial pattern consists of two main categories, “Protection Zone” and “Utilization Zone”, and the both zones are further sub-categorized as listed up in Table D1.2.2.
Table D1.2.2 Category of Spatial Pattern
Protection Zone Utilization Zone
A Protection Zone B Utilization Zone
A1 Nature Reserve Zone B1 Production Forest Zone
A2 Nature Conservation Zone B2 Community Forest Zone
1) National park B3 Agriculture Zone
2) Forest park 1) Wetland paddy field
3) Tourism park 2) Dryland upland crop field / Home garden
A3 Subordinate Protected zone B4 Estate (Permanent) Crop Zone
1) Protected forest B5 Fishery Zone
2) Watershed B6 Residential and Industrial Zone
Swamp / Lake / Reservoir Miscellaneous
Source: JICA Project Team 2
PART 2 BRANTAS RIVER BASIN