Legal Aspects of Building According to Law Number 28 of 2002

The building has an important part as the place for human being to conduct their daily activities. The regulation on the building is the Law Number 28 of 2002 on Building (the “Building Law”). The knowledge on the Building Law becomes important because the Building Law not only focuses on the building owner but also the building users and public. As stipulated in the Building Law, building owner means a legal entity, group or association, which is considered as legitimate to become building owner.

The Building Law regulates some matters as follows:

Building Functions

The Building Law states that any building must have the function such as residence, religious, business, social and culture, or special function. The building function will be stated in the Building Construction Permit (“IMB”). In the event there is a change of building function as stated in the IMB, the change must obtain the approval from the Regional Government.

Building Requirements

Building requirements can be divided into 2 (two) i.e. administrative requirements and technical requirements, moreover, it is stated that any building must fulfill those two requirements.

  1. The administrative requirements consist of:
    • requirement of land status, and/or license for land utilization from the holder of right of land;
    • status of building ownership; and
    • building construction permit.
  2. The technical requirements can be divided into 2 (two) which cover the building zoning plan requirements and building reliability requirements.
    • The building zoning plan requirements consist of:

1) Requirements of building utilization and building intensity which are related with the prohibition of building location to interfere the environment balance, protected area and/or infrastructure and public facilities and building height;

2) Building architecture; and

3) Requirements of environment impact, which apply to the building that might cause important impact to the environment. The requirements refer to the law on environment management which stipulates that the obligations of any business and/or activities that might cause important impact towards the environment to have the environmental impact analysis in order to obtain business licenses and/or activities.

    • Requirements of building reliability are based on the building function which consists of:

1) safety, which is related with the requirements of building capability to support the burden, to prevent and cope with the fire by providing the security through passive protection system and/or active protection system together with lightning hazard through lightning rod system;

2) health, which is related with the requirements of air circulation system, lighting, and building utilization;

3) convenience, which is related with the space convenience, air condition, view, level of vibration and noise; and

4) facility, which is related with the building access, including the facilities for disabled and elderly, and the adequate facilities for prayer room, locker room, baby room, toilet, parking, trash, and also communication and information facilities.

Building Implementation

Building implementation not only consists of the building implementation, but also consists of:

  1. Construction, which is conducted by the construction services provider through planning phase and implementation phase which are supervised by the building owner. The building construction can be performed after the building technical plan is approved by the Regional Government in the form of IMB. Moreover, the building construction can be constructed either on land owned by the builder or by other party.
  2. Utilization, which is performed by the building owner and building users after the building complies with the worthiness requirement. The building can be considered as worthy after it fulfills the technical requirements. In order to maintain the worthiness requirement, the building owner and building users have the obligation to maintain and conduct periodically inspections.
  3. Preservation, which particularly applies to the building which is declared as cultural heritage that must be protected and preserved.
  4. Demolition, the reasons for the building demolition are as follows:
    • It does not fulfill worthiness requirement and the building cannot be repaired;
    • It might cause harmful impact in the building utilization and/or the environment;
    • It does not have the IMB.

In addition to the building requirements, the Building Law also governs the rights and obligations of the building owners.

  1. The building owner has the rights to:
    • Perform the construction after obtain the approval from Regional Government;
    • obtain the decree and also incentive for the building and/or the environment which protected and preserved from the Regional Government;
    • change the building function after obtaining the written approval from the Regional Government;
    • obtain the compensation if the building is demolished by the Regional Government or other party where the demolition is not as a result of builder's fault.
  2. The building owner has the obligations to:
    • conduct the construction according to the building technical plan;
    • own the IMB;
    • obtain the ratification from Regional Government if there is a change with regards to the building technical plan during the construction.
  3. The building owner and building users have the rights to:
    • acknowledge the procedures or the building implementations;
    • collect the information on the allocation of location and building intensity on the location where the building will be constructed;
    • obtain the information on the guidelines of dependable and worthiness requirements;
    • collect the information in relation to the building and/or environment which must be protected and reserved.
  4. The building owner and building user have the obligations to:
    • utilize and maintain the building according to the functions periodically;
    • complete the guidelines for building utilization and maintenance;
    • demolish the building which is already declared as the building  interfering the safety and also public interest and does not fulfill the required license.

Public Role

As part of the building user, the Building Law also stipulates the public role in the building implementation:

  1. to monitor the building implementation;
  2. to provide the opinions to the Government and/or the Regional Government in order to complete the regulations, guidelines, and technical standards for the building;
  3. to provide the opinions and considerations to the competent authorities towards the zoning plan, building technical plan and the implementation which might cause important effect to the environment;
  4. to file the representation claim towards the building which causes the risk to the public interest.

Sanctions

The sanctions in the event there is violation towards the Building Law, the building owner and/or the building user can be imposed with administrative sanctions and/or criminal sanctions. The administrative sanctions are in the forms of revocation of IMB to the building demolition and also penalties for maximum of 10% (ten percent) from building value. Moreover the criminal sanctions according to this Building Law can be imposed with the imprisonment for maximum of 5 (five) years and/or penalties for maximum of 20% (twenty percent) from building value if the default or violation causes death.

Jerry Shalmont
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Legal Aspects of Building According to Law Number 28 of 2002
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