Background As a step in assuring the giving of decent income to workers/laborers in Indonesia, especially those engaged in the hotel business and restaurant business at hotels, the Manpower Minister of the Republic of Indonesia has issued the Regulation of the Manpower Minister No. 7 of 2016 concerning Service Charges of Hotel Business and Restaurant…
Background On 10 May 2016, the Constitutional Court of the Republic of Indonesia (“MK”) has decided, on the request for a review over the norms of Law No. 20 of 2011 on Condominium (“Condominium Law”) against the Constitution of the Republic of Indonesia Year 1945 (“UUD 1945”). The parties submitting the review petition were the…
Introduction Minister of Health published Regulation Number 56 in 2014 about licensing and classification of hospital. This regulation is also known as Permenkes No. 56/2014. The purpose of this regulation is to create a perfect system of hospital classification and licensing. The licensing and classification of hospital is also mandated in Law Number 44 in…
Introduction Land Acquisition in the framework of investment is particularly regulated by Decree of State Minister for Agrarian Affairs/ Head of the National Land Agency Number 21 of 1994 on Procedures of Land Acquisition for Company in the Framework of Investment (“Kepmenag No.21/1994”). Land acquisition is any activity conducted in order to acquire a land…
In order to implement certain articles found in the regulations concerning the Management of Household Waste as stipulated in Governmental Regulation Number 81 of 2012, it is essential to impose a new law devised by the Minister. The new Regulation would be called the Regulation of Public Works Ministry 03/PRT/M/2013, or would simply referred by…
Background As a form of law implementation of Article 182 point 1 of Regulation Number 28 of 2009 on Local Retribution and Tax, Joint Regulation of the Ministry of Finance and Home Affairs No. 213/PMK.07/2010 and No. 58 of 2010 on the Preparatory stages of Land Transfer and Building in Urban and Rural Areas as…
Building utilization is an activity of utilizing a building in accordance with the functions which is specified in the building construction license including maintenance, and periodic inspections activity. Building utilization can only be performed after the owner of the building obtains Certificate of Feasible Function. Certificate of Feasible Function hereinafter called SLF means certificate which is granted by Local Government against the building that has been completed and has met the requirement of feasibility function based on examination’s result of building’s feasibility function as a requirement to be utilized. (Article 1 number 16 Local Regulation of DKI Jakarta Number 7 of 2010 on Building).
To get SLF a person must submit a written request to the Head of Department which is responsible in supervision and control of the building. Written request which is submitted must be attached with some documents, as follows:
a. Identity Card (KTP)
b. Taxpayer Identification Number (NPWP)
c. Certificate of land
d. Building Construction License (IMB)
e. Maintenance report or technical building assessment report
f. As built drawing building
Head of Department may suspend or reject the requests of SLF that do not meet the requirements. The suspension of the request of SLF occurs when the requests of SLF do not yet meet the requirements of the building feasible function. The suspension of SLF is notified in writting to the applicant together with the reason of the suspension. The suspension which has passed the time period of 12 (twelve) months from the date of the suspension letter is received can be rejected with rejection notification letter which is given to the head of Neighborhood Association and / or Citizen Association in the applicant’s building areas, if the location of applicant is unknown or the applicant does not want to receive the letter.
SLF is issued within a period of 30 (thirty) days from the date of approval of document of the technical plan documents is granted. The validity period of SLF is different for each type of building. The period of SLF for simple single residential building and a simple row house is unlimited. The period of SLF for single residential building and row houses up to 2 (two) floors are 20 (twenty) years. The period of SLF for luxurious single residential building, the other general buildings, and certain buildings are 5 (five) years.
The request for renewal of SLF of the building is proposed no later than 60 (sixty) calendar days before the expiration of the SLF of the building or extension of the SLF of the building terminates.
A person who utilizes the building but does not have the SLF shall be punished with a maximum confinement of 6 (six) months or a maximum fine of Rp 50,000,000 (fifty million Rupiah).
Local Government of DKI Jakarta has issued the Governor Regulation of DKI Jakarta Number 38 of 2012 on Green Building ("Governor Regulation No.38/2012") the regulation regulates the implementation of the concept of energy efficiency and environmentally buildings. Green building means a building that is responsible against environment and resource efficiency since the planning, construction, utilization, maintenance, until deconstruction (Article 1 number 11 of Governor Regulation No.38/2012).
The intention of issuance of the Governor Regulation No.38/2012 is as a framework for the official or the applicant in order to meet the requirements of a green building, having its purpose to realize the implementation of the building construction by paying attention to the aspect of efficiency, maintanance and using resources efficiently.
Construction of the building with a certain type and size of both new buildings and existing buildings must meet the requirements of green building. The types and size of buildings that must meet the requirements of green building include:
a. Apartment buildings, office buildings, trade buildings, and buildings which have more than one function within one (1) building with the size of entire floor of the building is more than 50,000 m2 (fifty thousand square meters);
b. Business functions, hotel, social and cultural functions, and health care buildings, with the size of the entire floor of the building is more than 20,000 m2 (twenty thousand square meters);
c. Social and cultural functions, educational service buildings, with the size of the entire floor of the building is more than 10,000 m2 (ten thousand square meters).
New buildings mean buildings that are currently in the planning stage. The technical requirements for green building of the new buildings include:
a. Energy efficiency;
Energy efficiency includes the efficiency of the building veil systems, ventilation systems, air systems, lighting systems, building transportation systems, and electrical systems.
b. Water efficiency;
Water efficiency includes the planning of water-saving sanitary equipment and planning of the use of water.
c. Indoor air quality;
Indoor air quality must calculate the air circulation in the room and the input of fresh air so itdoes not harm the occupants and the environment.
d. Land and waste management, and
Land and waste management include the requirements regarding spatial landscape planning on the inside and outside of the building and planning of rainwater reservoir systems, supporting facilities, and solid and liquid waste management.
e. Implementation of construction activities.
Implementation of construction activities includes safety, work health and environment, water conservation when conducting the construction activities, and the management of hazardous and toxic waste in construction activities.
Existing buildings means buildings that are under construction and / or already in the utilization stage. The technical requirements for green building of existing buildings include:
a. Conservation and energy efficiency;
b. Conservation and water efficiency;
Conservation and water efficiency include the use of water efficiently and water quality monitoring.
c. Indoor air quality and thermal comfort, and
d. Operational management / maintenance.
Operational management / maintenance activities include monitoring and evaluation activities.
The planning and construction of the building which violate this Governor Regulation may be imposed with administrative sanction by not issuing Building Construction License (IMB) and / or Certificate of Feasible Function (SLF).