On 17 September 2019, Government of the Republic of Indonesia enacted the Minister of Agrarian Affairs and Spatial Planning/Head of National Land Agency Regulation Number 22 of 2019 on Acceleration of Spatial Utilization Licensing.
Under this minister regulation, the provincial, government, regency/city government shall accelerate the spatial utilization licensing in order to stimulate the investment in their teritory. The acceleration is also made to fullfil 20% of green public open spaces.
Implementation of Acceleration of Spatial Utilization Licensing
If the regional spatial plan has not yet accommodated the investment needs, then the regent/mayor submits the spatial utilization proposal that supports investment to the governor, copied to the Minister of Agrarian Affairs and Spatial Planning c.q. the Director General of Spatial Planning.
The governor must respond the proposal no later than 40 working days from the receipt date of proposal letter. The response by Governor is in the form of (i) issuance of recommendation on spatial planning conformity, or (ii) rejection on spatial utilization proposal accompanied with reasons of rejection. If the governor does not give his/her response within 40 working days from the receipt date of proposal letter, then the proposal shall be deemed accepted by the Governor. The proposal by the regent/mayor must correspond to the administrative and technical requirements.
The technical requirements consist of:
- consideration on the spatial policy;
- physical area;
- social population;
- regional economy;
- distribution of the availability and needs of facilities and infrastructure;
- land possession;
- environment; and
- disaster risk reduction.
The above-mentioned technical requirements must be conducted based on written technical studies by the regional government.
The administrative requirements consist of the consideration on the position and role of Regional Government of Province and/or District/City which conducted based on decision in the forum of Regional Spatial Planning Coordination Team.
Issuance of Spatial Planning Licenses
The regent/mayor issues the spatial utilization licenses if:
- the governor has issued the recommendation on spatial planning conformity; or
- the spatial utilization proposal by regent/mayor is deemed to be accepted by the Governor, if the governor does not respond the proposal within 40 working days from the receipt date of proposal letter.
Spatial Utilization in Special Economic Zone
The spatial utilization in the special economic zone is conducted based on the masterplan of special economic zone that is arranged and stipulated by development business entity and management of special economic zone. If there exists a special economic zone in a certain area, a RDTR will be prepared, then:
- the spatial utilization in the special economic zone follows the masterplan of special economic zone, and it will not be regulated in the RDTR;
- the RDTR regulates spatial utilization outside of the special economic zone, and it must complement with the masterplan of special economic zone.
I Gusti Made Rajendra Nananjaya