On 6 April 2017, the Governor of Special Capital Region of Jakarta issued the Governor Regulation No. 41 of 2017 (“Governor Regulation No. 41/2017”). The Governor Regulation No. 41/2017 is issued as the legal basis and guidance for the recovery of spatial function, by restoring the fulfilment of intensity through delivery of replacement land.
The construction and utilization of building which exceeds the limit of stipulated intensity must conduct the restoration of fulfilment of intensity by (a) adjustment of building condition by building destruction; or (b) expansion of planning area. If the above mentioned options cannot be done, then the restoration of intensity fulfilment can be conducted by delivering a replacement land. The restoration through delivery of replacement land can be stipulated after obtaining consideration of Regional Spatial Planning Coordinating Board (“BKPRD”), and approval from the Governor. After obtaining approval from the Governor, the Human Settlements, Spatial Planning and Land Agency (“Agency of CKTRP”) stipulates the area of exceeded intensity with a square meter area. The area that will be stipulated by Agency of CKTRP covers all exceeded intensities as whole, as follows:
- exceeded Building Floor Coefficient (KLB);
- exceeded Building Foundation Coefficient (KDB);
- exceeded Building Site Coefficient (KTB); and
- exceeded Green Foundation Coefficient (KDH).
The delivery of replacement land is conducted by the holder of permit/developer/owner of building by submitting an application accompanied by the proposed replacement land. The application must be submitted to the Governor through the One-Stop Integrated Service (PTSP), by attaching the following documents:
- evidence letter of land ownership;
- determination of Spatial Planning;
- tax object selling value for the current year on the building location;
- tax object selling value on the proposed replacement land;
- last situation photo of the proposed replacement land; and
- statement letter stating no dispute over the land.
The replacement land must meet the following criterias:
- having the same area or more with the stipulated area of exceeded intensity;
- having the same equality value with the equality value on the land in which the intensity is exceeded;
- fulfilling the sub-zone that is according to the laws, except to the green and blue sub-zone;
- having access to the public street, with minimum existing road width of 4 m2; and
- not in dispute.
The proposed replacement land shall be reviewed by the team that is coordinated by the Assistant of Development and Environmental. The result of review by the Assistant of Development and Environmental will be proposed to the chairman of BKPRD to be approved further by the Governor. After obtaining approval, the Governor issues a principle approval on delivery of land replacement.
Handover of Replacement Land
The replacement land must be delivered to the Regional Government to be recorded as regional asset. The replacement land shall be delivered at the latest 12 months from the issuance date of principle approval on delivery of land replacement.