Introduction

Economic development activities in Indonesia continue to grow from time to time. On a macro level, economic development activities include various development activities, starting from the development of the housing sector, industry, transportation, trade, and others.1 These development activities require land and space as a place to accommodate the intended activities.2With the condition of the Indonesian economy that continues to grow, the use and utilization of land and space are also increasing. Spatial management becomes more important when the use of space is getting bigger. In addition to the rapid economic conditions, spatial management is also important because of population growth which has an impact on the growth of housing and settlement areas.3 Thus, it is necessary to have a regulation related to the spatial planning in order to realize a good and sustainable use of space. Law Number 26 of 2007 on Spatial Planning (“Spatial Planning Law”) stipulates that spatial planning as a system of spatial planning, spatial utilization, and spatial utilization control is an integral part which cannot be separated from one another and must be in accordance with spatial planning principles so that it is expected (i) successful and useful spatial utilization and efficient and ability to support sustainable environmental management can be realized, (ii) no waste of space utilization, and (iii) a decrease in the quality of space does not materialize.4

The Spatial Planning Law stipulates that the Spatial Plans (Rencana Tata Ruang or “RTR”) produce (a) general spatial plan and (b) detailed spatial plan.5 General spatial plan in a hierarchical manner consisting of (i) National Spatial Layout Plan (“National RTRW”), (ii) Provincial Spatial Plan (“Provincial RTRW”), and (iii) Regency and City Spatial Plan (“Regency/City RTRW”).6 While detailed spatial plans consist of (a) island/archipelagic and national strategic area spatial plans, (b) provincial strategic area spatial plans and (c) regency/city detailed spatial plans and strategic area spatial plans regency/city (“RDTR”).7 The detailed spatial plan is formed as an operational tool for the general spatial plan which is formed when the general spatial plan cannot yet be used as a basis for the implementation of spatial use and control of spatial use and/or the general spatial layout plan requires details before being put into operation.8 Thus, it is impossible for the RDTR to conflict with the RTRW, since the RDTR is an operational tool or a detail of the RTRW.

Article 14 paragraph (6) of the Spatial Planning Law stipulates that detailed spatial planning is the basis for the preparation of zone regulation. Zone regulation is formed as guideline for controlling spatial use that is prepared based on detailed spatial plans for each zone.9 The Zone regulation contains provision that is mandatory, may be conducted, and prohibited in the space utilization, among other, space envelop such as coefficient of green area, building base, building floor, and boundary line.10 Furthermore, zones are basically divided into 2 (two), namely protection zone and cultivation zone.11 For example, protected zone is conservation zones such as those designated as nature reserves and wildlife reserves.12 While examples of cultivation zone are zones designated for housing, tourism, and offices.13 Looking at the provisions on zone regulations above, it is clear that the purpose of these zone regulations is to realize an orderly use of space, so that the implementation of development must be carried out in accordance with its designation. Thus, the use of space by anyone must not conflict with the spatial plan.14 Then the question is, with the economic development in Indonesia, what if the space occupied by someone is no longer in accordance with the designated zone? Can communities apply for zoning changes? For example, DKI Jakarta is a city that is densely populated and has rapid economic development. Of course, from time to time there will be shifts in space utilization that need to be adjusted. Therefore, this article will discuss more about alteration of spatial zoning in DKI Jakarta and will answer questions on whether the people can apply for the alteration of spatial zoning in DKI Jakarta?

Discussion

As described above, the RTR consists of (i) general spatial plan, namely RTRW, which is divided into National RTRW, Provincial RTRW, Regency/City RTRW (ii) detailed spatial plan, one of which is the RDTR. Article 14 paragraph (6) of the Spatial Planning Law stipulates that detailed spatial plan is the basis for the preparation of zone regulations. This is also in line with the meaning of RDTR. RDTR is a detailed plan on regency/city spatial planning accompanied by regency/city zone regulations.15 Furthermore, Article 27 of Minister of Agrarian and Spatial Planning/Head of National Land Agency Regulation No. 11 of 2021 on Procedure of Preparation, Review, Revision, Issuance of Substance Approval of Provincial, Regency, City Spatial Plans, and Detailed Spatial Plans. (“MOAS Regulation 11/2021”) stipulates that the contents of the regency/city RDTR include (a) the objectives of plans in the planning area, (b) spatial structure plans, (c) spatial plan, (d) spatial utilization provisions and (d) zone regulation. Thus, it can be concluded that the RDTR is part of the RTR and zone regulation is part of the RDTR.

Article 16 of the Spatial Planning Law stipulates that the RTR can be reviewed. The regulation on the RTR review are regulated in Government Regulation Number 21 of 2021 on Implementation of Spatial Planning (“GR on Spatial Planning”) and MOAS Regulation 11/2021. The review is an effort to see the compatibility between the RTR and development necessity by paying attention to the development of the strategic environment and the development dynamics and the implementation of spatial utilization.16 The review of RTR is carried out for 1 (one) time in each period of 5 years.17 The RTR review can also be made for more than 1 (one) time, provided that there is a strategic environmental changes, such as (a) large scale natural disaster as regulated by the laws and regulations, (b) changes of state’s territorial boundaries as regulated under the law, (c) changes of regional boundaries as regulated by law, or (d) changes of strategic national policies.18 The results of the review are in the form of recommendations from the Minister (in this case the Minister of Agrarian and Spatial Palling) which can be in the form of (i) the existing RTR needs to be revised because there are changes in national policies that affect spatial use due to fundamental technological developments and/or fundamental conditions or (ii) The RTR does not need to be revised because there are no changes in national policies that affect spatial use due to technological developments and fundamental conditions.19 The fundamental conditions include, among other things, related to large-scale natural disasters, economic developments, changes to the state’s territorial boundaries as stipulated by laws and regulations.20 Based on the explanation above, it can be concluded that if due to economic developments, the RTR is no longer in accordance with its designation, then the RTR can be revised based on recommendations from the Minister. As previously explained, the RDTR is part of the RTR and zone regulation are part of the RDTR. So, if there is a discrepancy in space utilization, in this case the space utilization regulated in the zone regulations, revisions to the RDTR can be carried out through a review that has obtained a recommendation from the Minister.

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RDTR Regulation in DKI Jakarta

RDTR in DKI Jakarta is regulated under the Governor Regulation Number 31 of 2022 on Detailed Spatial Plans for the Provincial Planning Area of the Special Capital Region of Jakarta (“Governor Regulation 31/2022”). Under Governor Regulation 31/2022, zone is an area that has functions and characteristics according to their designation.21 However, Governor Regulation 31/2022 does not clearly stipulate the procedures on requests for alteration of spatial zone in DKI Jakarta. Therefore, requests for alteration of spatial zone in DKI Jakarta must comply with national regulations, in this case the Spatial Planning Law, GR on Spatial Planning and MOAS Regulation 11/2021.

To make it clearer, the author will explain further about the review procedure, in this case it is more concrete on the alteration of RDTR. This explanation is also meant to see whether in the procedure of alteration of RDTR, there is a special procedure for the community to be able to apply for the alteration of spatial zone.

Procedure of Alteration of RDTR

  1. RDTR Assessment by Regional Government
    The application of RDTR review is submitted by Regional Government to the Minister of Agrarian and Spatial Planning.22 The application of RDTR review submitted by the Regional Government shall be supported with assessment conducted based on criteria at least includes, (a) advancement opportunities of investment climate, and ease of doing business, and/or (b) internal dynamics of region that impact the plan for changing the utilization space.23 There is no further explanation on these criteria under the MOAS Regulation 11/2021. Looking at these criteria, one of assessment criteria is the internal dynamics of the region. Where MOAS Regulation 11/2021 also does not explain further the meaning of internal dynamics of the region. However, if we look at the phrase internal dynamics and look to the definition of review, the internal dynamics of region can be interpreted as the internal development dynamics.

MOAS Regulation 11/2021 does not explain the internal dynamics or development dynamics. However, the definition of development dynamics can be found in the MOAS Regulation No. 6 of 2017 as a reference even though it has been revoked by MOAS Regulation 11/2021. MOAS Regulation No. 6 of 2017 stipulates that development dynamics at a minimum include data and information on changes in the direction of development based on community aspirations.24 In the DKI Jakarta area itself, community aspirations may collect through a portal provided by Regional Government of DKI Jakarta. For example, in the 2019 RDTR review, the community aspirations were collected through Jakarta Satu portal.25 On that portal, the community may give a input and suggestion, among others give a suggestion on the alteration of spatial zone.

  • Review Application by the Regional Government
    After conducting an assessment, the Regional Government submits the application for RDTR review to the Minister of Agrarian and Spatial Planning. At the latest 1 month from the submission of application, Minister of Agrarian and Spatial Planning shall provide a recommendation to state that (a) the RDTR shall remain valid according to its validity period, or (b) the RDTR shall be revised.26 If the Minister of Agrarian and Spatial Planning recommends to revise the RDTR, then the revision is made by taking account the procedure of preparation and determination of RDTR, followed by the revocation of the previous RDTR.27
  • Preparation and Determination of Governor Regulation on RDTR Procedures
    After the Regional Government obtains the recommendation revision from the Minister of Agrarian and Spatial Planning, the revision procedure shall be made through the preparation and determination of RDTR.28

 

RDTR Preparation Process

The procedure for preparation of RDTR includes (a) preparation process, (b) involvement of community during the preparation of RDTR, and (c) dicsuccion of head of regional bill on RDTR by stakeholder.29 The preparation process as mentioned in letter (a) is further divided into stages, namely:30

  • Preparation
  • Collection of data and information
  • Data processing and analysis
  • Concept formulation, and
  • Preparation of head of regional bill on RDTR.

In the collection of data and information stage, for the purpose of identifying the characteristics of the planning area and for preparing the spatial structure plans and spatial plans, the collection of data and information is carried out, where the primary data is from the community aspiration.31 Community aspirations include business actors and indigenous communities as well as information related to planning potential and problems obtained through the method of distributing questionnaire, public discussion forum, person-to-person interview, complain box, etc.32 Furthermore, the preparation process was continued with the involvement of the community during the preparation of RDTR as mentioned in the letter (b). Involvement of community during the preparation of RDTR can be in the form of suggestion, objection, and rebuttal towards the head of regional bill on RDTR through the mass media, official websites of authorized government institutions, etc.33 After the involvement of community during the preparation of RDTR stage, it is followed by the discussion of head of regional bill on RDTR by stakeholder as mentioned in letter (c). The discussion of RDTR bill by stakeholder is made through public consultations which is carried out at least 1 (one) time, involving the Regional House of Representative (“DPRD”), university, provincial government, private sector, planning association and community.34

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 Determination of RDTR

The determination process of RDTR includes:35

  1. Public Consultation on head of regional bill on RDTR with the community including the DPRD;
  2. Delivery of head of regional bill on RDTR to the Minister of Agrarian and Spatial Planning for obtaining the substance approval;
  3. Cross-sector discussions in order to grant the substance approval by the Minister of Agrarian and Spatial Planning with the ministries/agency, regional government, DPRD, and all related stakeholders;
  4. Determination of head of regional bill on RDTR according to the substance approval from the Minister of Agrarian and Spatial Planning.

Conclusion

Based on what has been described above, it can be concluded that the zone regulation is part of RDTR. If there is a change in the space utilization regulated in the zone regulation, then the RDTR shall be revised through the review process with the recommendation from the Minister of Agrarian and Spatial Planning. The Governor Regulation 31/2022 does not specifically regulate the procedures on alteration of spatial zone in DKI Jakarta. Therefore, the application of alteration of spatial zone in DKI Jakarta must comply with the Spatial Planning Law, GR on Spatial Planning, and MOAS Regulation 11/2021. There are no special and separate procedures on the application of alteration of spatial zone by the community. However, in the procedure of RDTR review, there are several stages that involve the community role to be able to give their aspirations, one of which is on alteration of spatial zone, namely at stage (i) assessment of RDTR by Regional Government, (ii) preparation and determination process of RDTR. The involvement of community can be in the form of suggestion, objection, and rebuttal that can be conveyed through the mass media, official websites of authorized government institutions, and public discussions which will later be taken into consideration by government in preparing the RDTR.

Suggestion

The community needs to pay attention to the time of the RDTR Review to be able to submit the suggestions and input on the alteration of spatial zone. The community must actively pay attention in the event that there are the facilities provided by the government to be able to give the suggestions and input on the alteration of spatial zone. Besides that, the alteration of spatial zone that will be submitted need to pay attention to the Provincial RTRW and the National RTRW, so that the aspirations conveyed by the community do not conflict with the Provincial RTRW and the National RTRW. This is done to avoid the risk that the aspirations submitted are not accommodated by the Regional Government in the RDTR review.

Fitri Nabilla Aulia

Sources

  1. Juniarso Ridwan and Achmad Sodik, Hukum Tata Ruang dalam Konsep Kebijakan Otonomi Daerah, Bandung:Nuansa, 2016, page 20.
  2. Ibid.
  3. Ibid, page 21.
  4. General Elucidation No. 5 Spatial Planning Law.
  5. Article 14 Spatial Planning Law.
  6. Article 14 paragraph (2) Spatial Planning Law.
  7. Article 14 paragraph (3) Spatial Planning Law.
  8. Article 14 paragraph (4) and (5) Spatial Planning Law.
  9. Article 36 paragraph (1) and (2) Spatial Planning Law.
  10. Elucidation of Article 36 paragraph (1) Spatial Planning Law.
  11. Article 28 paragraph (3) of Minister Agrarian and Spatial Planning/Head of National Land Agency Regulation No. 11 of 2021 on Procedure of Preparation, Review, Revision, Issuance of Substance Approval of Provincial, Regency, City Spatial Plans, and Detailed Spatial Plans.
  12. Elucidation IV.2 Content of Detailed Spatial Plans of Minister of Agrarian and Spatial Planning/Head of National Land Agency Regulation No. 11 of 2021 on Procedure of Preparation, Review, Revision, Issuance of Substance Approval of Provincial, Regency, City Spatial Plans, and Detailed Spatial Plans.
  13. Ibid.
  14. General Elucidation No. 5 Spatial Planning Law.
  15. Article 1 number 10 Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation.
  16. Article 1 Number 12 MOAS Regulation 11/2021
  17. Article 93 paragraph (1) GR on Spatial Planning
  18. Article 92 GR on Spatial Planning
  19. Elucidation of Article 20 paragraph (4) Spatial Planning Law
  20. Elucidation of Article 20 paragraph (5) Spatial Planning Law
  21. Article 1 number 7 Governor Regulation 31/2022
  22. Ibid.
  23. Article 34 paragraph (1) and (2) MOAS Regulation 11/2021
  24. Article 11 paragraph (3) jo. Point 2 letter d, Chapter A Annex II of MOAS Regulation No.6 of 2017
  25. PK RDTR-PZ Portal, https://jakartasatu.jakarta.go.id/pkrdtr/ accessed on 20 April 2023
  26. Article 34 paragraph (5) MOAS Regulation 11/2021
  27. Ibid.
  28. Article 19 MOAS Regulation 11/2021
  29. Article 19 MOAS Regulation 11/2021
  30. Artilce 20 MOAS Regulation 11/2021
  31. Annex IV.1 of MOAS Regulation 11/2021
  32. Ibid.
  33. Ibid.
  34. Ibid.
  35. Article 85 paragraph (1) GR on Spatial Planning.