Regional Spatial Plan (“RTRW”) is a result of spatial planning on a regional which is a geographical entity with all related elements whose limits and systems are determined based on administrative aspects. Under the Minister of Agrarian and Spatial Plan/Head of National Land Agency No. 6 of 2017 on Procedure on Reviewing the Regional Spatial Plan (“Perka BPN No. 6/2017”), the RTRW may be reviewed to obtain the quality result.
Terms of Review
The review on RTRW must be conducted at least once in 5 years since the enactment of RTRW. The review may be conducted more than once, with certain condition:
- large scale of natural disaster;
- change of territorial boundaries of state which determined by law;
- change of regional boundaries which determined by law.
The review must be made in one year and conducted with stages, which are (i) the determination on review, (ii) the implementation of review and (iii) the formulation of recommendation of implementation results. All stages must be carried out within 1 year from the date of issuance of the decree of determination on implementation of review (“Decree of Implementation of Review”). Decree of Implementation of Review issued by (i) the Minister of Agrarian and Spatial Plan
(“Minister”) for review of National RTRW, (ii) Governor for review of Province RTRW and (iii) Regent/Mayor for review of Regency/City RTRW. In addition, the Minister, Governor or Regent/Mayor also authorize to determine the Implementation Team to conduct the review. The members of Implementation Team come from government element in the spatial plan field, academics and research institute.
The implementation of review conducted through (i) analysis, (ii) evaluation and (iii) assessment. The analysis conducted to see the implementation of spatial on development needs. The Implementation Team will conduct the analysis through (i) data and information collection and (ii) preparation of suitability matrices. The Implementation Team will see the actual condition of development as the consideration of analysis source. After the Implementation Team obtain the result in the analysis stage, then the Implementation Team will conduct the evaluation to measure the ability of RTRW as a reference of development by (i) the quality of RTRW, (ii) the suitability with regulations and (iii) the implementation of space utilization. Hereinafter, the evaluation result will be used for the assessment to determine the formulation of recommendation of implementation result which conducted either by quantitative method or qualitative method, to obtain the (i) level quality of RTRW, (ii) level of suitability with regulations and (iii) level of suitability of the implementation of space utilization.
The formulation of recommendation of implementation results stipulated in the decree of Minister, Governor or Regent/Mayor Decree (“Recommendation Decree”) and contain the result of (i) no need to conducted the revision on RTRW, if in the assessment result the judicial review of RTRW is considered good, or (ii) need to conducted the revision on RTRW, if in the assessment result the judicial review of RTRW is considered bad. If the Recommendation Decree is considered good, the RTRW still valid in accordance with its period time, but if the Recommendation Decree is considered bad, then there will contained the notes for the revision needs.
The Follow Up of the Recommendation Decree
After the Recommendation Decree has issued, the Central Government or the Local Government follow up the Recommendation Decree by compiling the documents of RTRW change planning. The result of documents of RTRW change planning followed up through (i) amendment the regulation, if the plan matters change less than 20%, or (ii) revoke the regulation, if the plan matters change more than 20%.
If the revision of RTRW conducted by the amendment the regulation, the period time of RTRW is not change. However, if the revision of RTRW conducted by the revoke of the regulation, then the revised RTRW period is 20 years since its promulgation.
Adrian Fernando Simangunsong