The Law of The Republic of Indonesia Number 22 of 2009 on the Traffic and Public Transportation (“UU LLAJ”) in Article 1 number 2 is stated that the traffic is the movement of transportation and people in the traffic road space. In other side, the construction/development of the property, either residentials, shopping center, apartement, and so on, is strongly related with the condition of the traffic in the sorrounding road network. It is caused by the movement of the traffic that come in and out of that property area. The mobility of tenant of the property will affect the service levels in the sorrounding road network. Therefore, it is a neccesary to conduct the analysis of environment impact on traffic (“AMDALALIN”)
Further stipulation about AMDALALIN is regulated on Government Regulation Number 32 of 2011 concerning The Management and Engineering, Impact Analysis, Also the Management of traffic Requirement. (“PP No.32/2011”)
According to the Article 47 PP No.32/2011, every plan to construct activities centre, residential, and infrastructure that will cause disturbance on security, safety, orderliness, and the smoothness of the traffic and public transportation shall conduct AMDALALIN. AMDALALIN itself is a set of study activities concerning the traffic impact of activities centre, residential, and infrastructure development which the result is stated in form of AMDALALIN document.
The result of AMDALALIN is required for the developer or builder in order to obtain:
- Location permit (Izin Lokasi);
- Permit to build (Izin Mendirikan Bangunan);
- The building construction permit with specific function in accordance with the legislations in building construction aspect.
The procedure to obtain AMDALALIN:
1. The property developer or builder in order to conduct AMDALALIN should choose consultant institution that have certified experts. Then the result of AMDALALIN is compiled in the form of AMDALALIN document.
2. The result of AMDALALIN is shall get an approval from:
- The Minister that responsible in field of traffic infrastructure and public transportation, for the national road.
- Governor, for the province road;
- Regent, for regency and/or village road; or
- Mayor; for city road.
- Minister that responsible in the field of traffic infrastructre and public transportation, governor, regent, or mayor shall give an approval no later than 60 (sixty) working days since the document of AMDALALIN result is received completely and has fulfilled the requirements.
- To give an approval, the Minister that resposnible in traffic infrastructure and public transportation, Governor, Regent, or Mayor in accordance with their authority, may form an evaluation team on the AMDALALIN document. That team is consisting of the supervisor of traffic infrastructure and road transportation, road supervisor, and Indonesian National Police.
- Evaluation team shall have duties as follow:
- Make an assessment to the result of AMDALALIN; and
- Assessing the properness recomendation that has been proposed in the result of AMDALALIN.
- The assessment result of the evaluation team is submitted to the Minister that responsible in traffic infrastructre and public transportation, Governor, Regent, or Mayor in accordance with its authority.
- If the assesment result has not fulfilled the requirements, the Minister that responsible in the traffic infrastructure and public transportation, governor, regent, or mayor shall return the assesement result to the developer or builder to be perfected.
- If the result has fulfilled the requirements, the Minister that respnosible in traffic infrastructure and public transportation, Governor, Regent, or Mayor shall ask the developer or builder to make and signed the statement letter of commitment to performed all the obligations which stated in the result of AMDALALIN document.
Every property developer/ builder that breach the statement letter of commitment, will be imposed with administration sanction by the licensor in accordance with the prevailing law and regulations.
The administrative sanction as mentioned above, is as follows:
- Written warning;
- Temporary suspension of public services;
- Temporary suspension of activites;
- Administrative penalty/fine;
- The cancellation of permit; and/or
- Revocation of permit.
Sony El Mars