Real Estate Law – Coastal Border

Coastal Border

Background

On June 14 2016, Government of Republic of Indonesia issued the Presidential Regulation No. 51 of 2016 on Coastal Border (“Perpres No. 51/2016”). Perpres No. 51/2016 was promulgated to implement the provisions of Article 31 paragraph (3) of Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands as amended by Law No. 1 of 2014 ("UU WP3K"). This Perpres No. 51/2016 became effective since June 19, 2016.

Coastal Border is lands along the edges which its width is proportional with the shape and condition of beach physic, minimum 100 (one hundred) meter from the highest of tidal point to land direction. Limit of coastal border is an area of coastal border which is defined by a particular method.

Every provincial government who has coastal border is obliged to determine the direction of coastal border in the regional regulations on the provincial spatial layout plan. While, for the district/city government who has coastal border, it is obliged to determine its limit of coastal border in the regional regulations on the district/city spatial layout plan. For Special Capital City Region of Jakarta, the limit of coastal border is determined by the Governor of DKI Jakarta.

Calculation of Coastal Border

Perpres No. 51/2016 stipulates that, calculation of coastal border is made by regional government no later than 5 years after the Perpres No. 51/2016 was promulgated. That calculation is made by adjusting the characteristic of topography, biophysics, hydro-oceanography of coastal area, necessity of economy and culture, also another provisions as stipulated in Article 6 paragraph (2) Perpres No. 51/2016 as follows:

  1. protection on earthquake and/or tsunami;
  2. protection on beach from erosion or abrasion;
  3. protection on coastal artificial resource from storm, flood, and another natural disaster;
  4. protection on coastal area ecosystem, such as a wet soil, mangrove, coral reef, padang lamun, gumuk pasir, estuary, and delta;
  5. regulation on public access; and
  6. regulation on water and waste canal.

Coastal border delimitation carried out with the aim to protect and to preserve:

  1. the preservation of the ecosystem and all the resources in coastal areas and small islands;
  2. community life in coastal area and small islands from the threat of natural disasters;
  3. the allocation of space for public access to the beach; and
  4. the allocation of space for drainage and waste

Calculation of Coastal Border Related to the Protection of Natural Disasters

Calculation of coastal border related to the protection of earthquake and/or tsunami, coastal protection from erosion or abrasion, and protection of coastal artificial resources from storms, flood, and other natural disasters is determined based on the level of disaster risk as it is determined based on the threat index and the vulnerability index.

In determining the threat index, there are two approaches that might be used such as:

  1. Practical Approach

This approach is based on empirical and historical approach conducted according to (i) record/history of historical events and/or (ii) the existence of a threat factor against:

  1. earthquake
  2. tsunami
  3. erosion or abrasion
  4. storm, and
  5. flooding from the sea
  1. Analytical Approach or Numerical Approach

This approach is based on the parameters of each type of disaster threats.

Analytic approach is a mathematical settlement method with formal or prevalent algebraic formulas. Numerical approach is a technique used to formulate mathematical problems to be resolved with calculation operations or arithmetic.

Vulnerability index is determined based on the vulnerability parameters of earthquake, tsunami, erosion or abrasion, storm, and flooding from the sea

Calculation of Coastal Border Related to the Protection on Coastal Area Ecosystem

Calculation of coastal border related to the protection on coastal area ecosystem, for example wet soil, mangrove, coral reef, seagrass, sandbanks, estuary, and delta is determined based on the last border for the existence of coastal ecosystems landward.

Calculation of Coastal Border Related to the Public Access and Water and Waste Canal

Calculation of coastal border related to the provisions on public access and provisions on water and waste canal are determined based on the type and intensity of activity in coastal areas and small islands.

Further provisions on the procedure of calculation of coastal border are stipulated in the minister regulation.

With the promulgation of Perpres No. 51/2016, the provisions in regional regulations on provincial spatial plan, regional regulations on districts / cities spatial plan, and regional regulations on zoning plans of coastal areas and small islands prior to this regulation remain valid to the extent they are not contradictory with this Perpres No. 51/2016. Any regional regulation that contradicts with this Perpres No. 51/2016 shall be adjusted no later than five (5) years from the promulgation date of Perpres No. 51/2016 or at the latest on June 19, 2021.

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Real Estate Law – Coastal Border
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