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ACT OF THE REPUBLIC OF INDONESIA

NUMBER 24 YEAR 1992
REGARDING
SPATIAL PLANNING

THE PRESIDEN OF THE REPUBLIC OF INDONESIA

Considering: 1. that Republic of Indonesia, being a united country of

strategically situated archipelagic islands and endowed with
diverse ecosystems and richly endowed with natural resources,
should be thankful to the Creator and endeavour to safeguard
and manage the gifts by implementing the National
Development Plans and practicing the State’s Priciples of
Pancasila (The Five Principles).
2. that the management of such diverse natural resources on
land, in the sea, and in the air, need to be performed in
coordinated and focused way, utilizing all available
human resources and man-made resources in a suitably
planned development pattern which is sustainable and in
consideration of spatial planning in a dynamic and at the
same time maintain and conserve the environment’s
sustainability in line with environmentally conscious
development based on the Wawasan Nusantara
(Archipelagic Concept) and National Defense System;
3. that the prevailing laws and regulations in relation to the
utilization of space are not yet able to accommodate the
needs of national development, and thus there is a need
to stipulate a separate regulation concerning the spatial
planning.

Recalling: 1. Article 5 verse (1), Article 20 verse (1), and Article 33

verse (3) of the 1945 Constitution ;
2. Regulation No. 5/1960 regarding the General Provisions
on Agriculture (State Gazette No.105/1960, Supplement
to State Gazette No. 2043);
3. Law No. 5/1974 regarding General Provisions on
Regional Governement (State Gazette No.38/1974,
Supplement to State Gazette No. 3037);

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 4. Law No. 4/1982 regarding General Provisions on the
Management of the Environment (State Gazette No.
12/1982, Supplement to State Gazette No. 31215);
5. Law No. 20/1982 regarding General Provisions on the
State’s Defense System (State Gazette No. 51/1982,
Supplement to State Gazette No. 3234), Jo Law No.
1/1988 (State Gazette no.3/1988, Supplement to State
Gazette No. 3368);

WITH THE APPROVAL OF

THE HOUSE OF REPRESENTATIVES OF REPUBLIK INDONESIA

DECIDED :

To Stipulate : REGULATION ON SPATIAL PLANNING

CHAPTER I
GENERAL PROVISIONS

Article 1
In this regulation, hereonforth what is meant by :
a. Space is the room that enclose the land, sea, and aerial dimensions as a unitized
area where Man and other living creatures live and perform their activities and
keep their livelihood.
b. Spatial Order is the physical structure and patterns of space utilization, through
planning or otherwise.
c. Spatial Planning is the process of space planning, utilization and control over the
space utilization.
d. Spatial Plan is the result of spatial planning process.
e. Areal is the space representing a geographical unity embracing all related elements
with boundaries and systems which are determined on the basis of administrative
and/or functionality aspects.
f. A Region is the area with the main function is to protect or cultivate.
g. A Conservatory Region is a designated region with the main function being to
conserve the living environment therein, including natural resources as well as
artificial resources.

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h. A Culvation Region is a designated region within which the natural resources are
to be cultivated on the basis of their conditions and resource potential, human
resource and artificial resources.
i. A Countryside Region is the region where agriculture is the main activity,
including management of the natural resources with regional hierarchy including
the community, administrative/governmental services, social amenities, and
economical activities
j. A Township Region is the region where the main activity is non-agriculture with
regional hierarchy including the affluent community, centralization and
distribution of administrative/governmental services, social amenities, and
economical activities
k. A Specific Region is an area which has been stipulated nationally as having a
strategic value and thus its spatial planning is being prioritized.

CHAPTER II
BASIC CONCEPTS AND OBJECTIVES

Article 2

Spatial Planning is based upon the following principles:

a. The space planning should be aimed at everybody’s benefit as a whole, useful,
effective and in a balanced manner as well as continual;
b. Openess, equal opportunity, just, and lawfulness;

Article 3
Spatial Planning shoul be based upon the following objectives :
a. The attainment of spatial arrangements such that the Archipelagic Concept
(Wawasan Nusantara) and the National Resiliency System are secured;
b. The attainment of spatial arrangements pertaining to protected regions and
cultural regions;
c. The attainment of quality spatial arrangements for the following purposes:
1. to build a nation of smart, cultured and prosperous people;
2. to attain a consolidated utilization of the available natural and artificial
resources in considerations of the human resources quality;
3. to encourage quality utilization of the natural and artificial resources
correctly, effectively and efficiently and thus enhance the human resource
quality;

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 4. to ensure protection of spatial functionality and prevent and mitigate any
negative impacts to the environment;
5. to attain a balanced measure between private interests, prosperity and
security;

CHAPTER III
RIGHTS AND RESPONSIBILITY

Article 4

a. Every body has the rights to enjoy the beneficial use of space, including the
added values of such a space as a result of it being arranged sensibly.
b. Every body has the rights to:
a be aware of the spatial planning ;
b participate in the formulation of such a spatial plans, utilization of, and
control of the subject space;
c to obtain a just compensation for the inconveniences he/she suffers from
the implementation of development activities which resulted from the
planned spatial utilization.

Article 5

a. Everybody is obligated to participate in the quality maintenace of the space.

b. Everybody is obligated to conform to the stipulated spatial arrangements

Article 6
Stipulations regarding the implementations of the rights and obligations as
mentioned in Article 4 and Article 5 shall be regulated under separate government
regulation.

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 CHAPTER IV
PLANNING, IMPLEMENTATION AND CONTROL

Section One
General

Article 7

a. The Spatial Plannings that are based upon their primary functionality shall
encompass protected and cultural areas.
b. The Spatial Plannings that are based upon their administrative aspects shall
cover the space enclosed within the National borders, and include the Region I
(Provinces), and Region II (Regency/City).
c. The Spatial Plannings that are based upon the area’s functionality and activity
aspects shall cover villages, townsips and specific areas.

Article 8
a. The spatial plannings will be performed as a single, integrated effort, and not by
individual areas (i.e. no separate treatment for National, Region I or Region II
categories).
b. The spatial plannings for areas that are comprised of more than one Province
(Region I category) shall be coordinated by the Minister as meant in Article 29
verse (1) and then to be integrated into the Spatial Planning for the affected
individual Province.
c. The spatial plannings for areas that are comprised of more than one Region II
(Regency/City) shall be coordinated by the respective Governor/Head of the
Regional Government and then to be integrated into the Spatial Planning for the
affected individual Region II (Regency/City).

Article 9
a. The spatial plannings for the Province (Region I) as well as for Region II
(Regency/City), other than the land based areas, shall also cover the sea and air
space up until the limits as stipulated by laws and regulation.
b. The spatial plannings for the sea and aerial space as meant in Article (1) shall be
centrally organized through a regulation.

Article 10
a. The spatial plannings for countryside areas, industrial estates, and other specific
areas as meant in Article 7 verse (3) shall be organized as part of the National

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 plannings or as part of the spatial plannings of the affected Province (Region I)
or Region II (Regency/City).
b. The spatial plannings for countryside areas and township’s are aimed at :
a to attain an optimal, balanced and harmonious spatial arrangements in the
process of prosperity development of Man;
b to enhance the functionality of the countryside and township’s areas in a
harmonious and balanced manner between the aspects of environmental
development and livelihood of the community therein;
c to control the spatial utilization in order to increase the people’s prosperity
and to prevent and mitigate any negative impacts against the natural and
artificial environments, as well as the social environment.
c. Spatial Planning at specific areas are conducted to:
c. develop and upgrade the spatial arrangements of the strategic areas and are
given first priorities in the course of national spatial planology or the spatial
plannings of the Province (Region I) or Region II (Regency/City);
d. enhance the functionality of protected areas and cultivation area;
e. putting in order the utilization of space to enhance the general prosperity of
the people and maintain security.
f. The management of specific areas are to be organized according to prevailing
rules and regulations.

Article 11

The spatial planology as meant in Article 8, Article 9, and Article 10 shall be

conducted in strict observance of :
a The natural environment, artificial environment, social environment, and
interactions between the environments.
b The stages, funding, and management of the development, and of the
institutions capacity.

Article 12
a. The spatial planology shall be conducted by the Government with the active
participation by the community.
b. The procedures and nature of the community’s participation in the spatial
planology as meant in verse (1) shall be regulated with a Government
Stipulation.

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 Section Two

Preparatory

Article 13
a. The spatial planning shall be performed through a process and procedural
methods in spatial plans based upon the prevailing laws and regulations.
b. The spatial planning shall be periodically reviewed and/or refined in line with
the nature of each plans.
c. Such review and/or refinement as meant in verse (2) shall be done in strict
observance of the stipulations in Article 24 verse (3).
d. Stipulations regarding the criterions and procedures of reviews and/or
refinement of the plans of spatial arrangements as meant in verse (1), verse (2),
and verse (3) shall be arranged through a Government Regulation.

Article 14
a. The planning of space shall be done by considering :
a matching, harmonious and balance of the following functionalities:
plantation and protection, timing, technology, socio-culture and security;
b integrated control of the various aspects, s.a. resources, functionality and
aesthetics and quality of the area.

b. Spatial planning involve plans of the structure and utilization patterns of the
space, which cover the land’s arrangements, water usage patterns, air usage
patterns and utilization of other natural resources.
c. Spatial planning related to security measures will be treated as a subsystem, and
the procedures will be arranged through laws and regulations.

Section Three
Beneficial Usage

Article 15
1. Space beneficial usage can be derived through a plan of utilization of the area,
which includes also the funding aspects, based on the plans.
2. The beneficial usage as meant in verse (1) is derived in stages within the
specified duration stipulated in the spatial plans.

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 Article 16
1. During merit taking of the spatial planning, the followings are to be taken into
consideration:
a Management and control on land usage patterns, on waters, on air and
other natural resources in line with the basis of spatial planning as meant
in Article 2.
b Supporting facilities of incentive and disincentive nature, whilst still
paying respects to the rights of the community as a national.

3. Stipulations on the spatial planning pattern on land, waters, air and other
natural resources as meant in verse (1) point a, shall be organized through a
government regulation.

Section Four
Control

Article 17
Control over space utilization shall be exercised through supervision and disciplinary
actions as needed on the space utilization activities.

Article 18
1. supervision over the meritorious usage of the space shall be accomplished
through reports, monitoring and evaluations.
2. disciplinary actions against those space utilization that are contrary to the plans
will be in the format of sanctions according to prevailing laws and regulations.

Section Five
SPATIAL PLANNING

Artticle 19

(1) Spatial Planning is differentiated into :

a. National Spatial Plans;
b. Spatial Planning for Province (Region I);
c. Spatial Planning for Region II (Regency/City).

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(2) The spatial planning as meant in verse (1) shall be incorporated into the National
map, Map of the respective Province (Region I), Map of Region II
(Regency/City), with the degree of accuracy being stipulated in the laws and
regulations.

Article 20
(1) The National Spatial Plans represents the strategic and direction of the National
Policy on the State’s lands, including:
a. The national objectives of such spatial plans to enhance the prosperity of
the people and the State’s security.
b. Structure and patterns of the national spatial plans;
c. criterions and patterns on the supervision over protected areas, cultivation
areas, and specifically designated areas.

(2) The National Spatial Plans include:

a. stipulations on protected areas, cultivation areas, and specifically
designated areas on a national level.
b. norms and criterions of space utilizations
c. guidelines on the control of space utilizations.

(3) The National Spatial Plans shall be used as the guidelines for :
a. formulations on the basic policy on the utilization of spaces on a national
scale;
b. to realize an integrated, interrelated, and balanced harmony between
sectors and between regions, in the development process;
c. a direction in local investations be the Government or by the private
sector/community;
d. spatial planning for Province (Region I) and spatial planning for Region II
(Regency/City).

(4) The duration of National Spatial Planning for nation wide areas will be 25
tahun.
(5) The National Spatial Planning for nation wide areas will be stipulated through a
Government Regulation.

Article 21

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(1) The spatial planning for Province (Region I) is the elaboration of the strategy and
policy direction of the national spatial plans into the regional strategy and
structure of the regional plans, which include:
a. the objectives of beneficial utilization of the regional spatial plans to
enhance community’s prosperity and also security;
b. the structure and patterns of the spatial utilization of the regional plans for
Province (Region I);
c. guidelines for the control and supervision of the spatial utilization of the
regional plans for Province (Region I).
(2) The spatial planning for Region II (Regency/City) which include :
a. Directions on the supervision over protected areas and also cultivation
areas;
b. Directions on the supervision over country sides, townships, and
designated specific areas;
c. Directions on the areal development of real estates, woodlands,
agricultural areas, mining areas, industrial estates, tourisms, and others;
d. Directions on the areal development of centers of community in the
villages and townships;
e. Directions on the areal development of the region’s utility system, such as
transportation facilities, telecommunication, energy, irrigation, and
environmental management system;
f. Directions on development of prioritized regions ;
g. Directions on the policy on land usage, water usage, air usage, and usage
of other natural resources, and in observance of consolidated efforts over
human resource and artificial resources.

(3) The spatial planning for Province (Region I) shall become the guidelines for:
a. Formulation of the basic provisions of spatial planning for Province
(Region I);
b. Realization, relationships, and balanced development between the areas
within the Province (Region I) and harmonious relationships between the
sectors;
c. Direction on the locations of investation sites that will be done by the
Government and/or private sector (community);
d. The spatial planning for Region II (Regency/City) as the basis for control
over permits on developmental sites.
e. The duration of the spatial planning for Province (Region I) is 15 years.
f. The duration of the spatial planning for Region II (Regency/City) shall be
stipulated through a regional regulation.

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 Article 22
(1) The spatial planning for Region II (Regency/City) is the elaboration of the
strategy and policy direction of the spatial planning for Province (Region I) into
the regional strategy and structure of the Region II (Regency/City) plans, which
include:
a. the objectives of beneficial utilization of the Region II (Regency/City)
spatial plans to enhance community’s prosperity and also security;
b. the structure and patterns of the spatial utilization of the regional plans for
Region II (Regency/City);
c. general plans of spatial arrangements for Region II (Regency/City)
d. Guidelines for the control and supervision of utilization of the regional plans
for Region II (Regency/City);

(2) The spatial planning for Region II (Regency/City) contains a.o., the followings:
a. Management over protected areas and cultivation areas:
b. Management over country sides, townships, and specifically designated
areas;
c. System activities of construction and communal life in the villages and
townships, land usage plans, water usage plans, air usage and other
natural resources whilst at the same time paying attention to consolidated
efforts between human resources and artificial resources.

(3) The spatial planning for Region II (Regency/City) shall become the guidelines
for :
a. Formulation of the basic provisions of spatial planning for Region II
(Regency/City);
b. Realization, relationships, and balanced development between the areas
within the Region II (Regency/City) and harmonious relationships
between the sectors;
c. Direction on the locations of investation sites that will be done by the
Government and/or private sector (community) of the Region II
(Regency/City);
d. The spatial planning for Region II (Regency/City).
e. The implementation of development in the framework of utilization of the
space allocation for such activities.

(4). The spatial planning for Region II (Regency/City) is the basis for issuance and
control over permits on developmental sites.

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(5). The duration of the spatial planning for Region II (Regency/City) is 10 years.
(6). The spatial planning for Region II (Regency/City) shall be stipulated through a
regional regulation.

Article 23
(1) The spatial planning for country side areas and that for township areas represent
parts of the spatial planning for Region II (Regency/City).
(2) Spatial Planning at specific areas in the course of national spatial planning is an
integral and inseparable part of the spatial planology of the Province (Region I)
or Region II (Regency/City) and will be stipulated through a Presidential
Decree.
(3) Further stipulations with regard to determination of an areal, guidelines,
procedures and other necessities that are required for the formulation of a spatial
planology as meant in verse (1) and verse (2) will be stipulated through a
Government Regulation.

CHAPTER VI
AUTHORITY AND SUPERVISION

Article 24
a. The State is to conduct a spatial planning for the best prosperity of the people,
and shall be conducted by the Government.
b. The arrangements for spatial planning as meant in verse (a) warrants the
Government the authority to:
(1) To organize and conduct the spatial planning ;
(2) To organize the duty and responsibility of the Government institution in the
course of spatial planning.
c. The implementation of the stipulation as meant in verse (b) shall be perfomed in
observance of individual rights.

Article 25
The Government shall perform supervision by means of :
a. To announce and spread out the spatial plans to the community;
b. To develop and arouse community awareness and resposibility through
instruction, guidance, training, and education.

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 Article 26
a. Permits for the use of space that do not conform with this spatial planology of
Region II (Regency/City), which had been stipulated based upon the law, shall
be declared void by the related Head of the Region.
b. If the permit as meant in verse (a) can be proven to have been obtain in good
faith, then any losses that may occur by the voidance of the said permit may
merit some reasonable compensation.

Article 27
a. The governor, as the Head of the Province (Region I) shall perform the spatial
planning of the areal of the Province (Region I).
b. For the Special Region Capital City of Jakarta, the conduct of spatial planology
shall be perfomed by the Governor Head of the Region in observance to
considerants submitted by Departements, Institutions, and other Governmental
Bodies and in coordinations with neighboring regions in accordance with the
stipulations of Law No. II/1990 regarding the Structure of the Government of the
Special Region Capital City of the Republic of Indonesia, Jakarta.
c. Should during the implementation of the space planning, as meant in verse (a) and
(b) there occur any problem that cannot be resolved at Province (Region I) level, then
the considerations by the Minister is required as meant in Article 29 verse (a).

Article 28
a. The Regent/Mayor Head of the Region II (Regency/City) shall conduct the
spatial arrangement of the Region II (Regency/City).
b. Should during the implementation of the space planning, as meant in verse (a)
there occur any problem that cannot be resolved at Region II (Regency/City)
level, then the considerations by Governor, Head of the Province (Region I).

Article 29
a. The President shall appoint a Duty Minister to coordinate the spatial planning.
b. The coordinating duty as meant in verse (a) include also the control over any
changes in the spatial functionality of the subject area especially if the cycle of
influence is large scale and has significantly important impacts.
c. The change in spatial functionality and utilization of a certain area as meant in
verse (b) shall be stipulated after a consultation with the House of
Representative (DPR).
d. The stipulation regarding the change in spatial functionality as meant in verse
(c) is the basis for the review of the Spatial Planology of the Province (Region I)
or Region II (Regency/City).

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 CHAPTER VII
TRANSITIONAL PROVISIONS

Article 30
Upon the promulgation of this regulation all laws and regulations pertaining to spatial
planning shall remain valid in so far as non-contrary to and as yet not been replaced
on the basis of this regulation.

CHAPTER VIII
CLOSING PROVISIONS

Article 31
Upon enforcement of this regulation, the State Ordinance on Townships Development
(Stadsvormings-ordonnantie Staatsblad Year 1948 No.168, Decision by Leutenant
Governor General of 23rd. July 1948 no.13) is declared void.

Article 32
This regulation shall be in force on the date of its promulgation. In order that everyone
be aware of the regulation, herewith order its placement in the State Gazette of the
Republic of Indonesia.

Sanctioned in Jakarta
On 13th. October 1992
PRESIDENT OF THE REPUBLIC OF
INDONESIA

signed

SOEHARTO

Promulgated in Jakarta

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13th. October 1992
MINISTER/SECRETARY OF THE STATE OF THE REPUBLIC OF INDONESIA

signed

MOERDIONO

State Gazette No. 115/1992

Copied as per original document
SECRETARIAT OF THE CABINET
Head, Bureu of Law and Regulations

signed

Bambang Kesowo, S.H.,LLM.

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 THE PRESIDENT
OF
THE REPUBLIC OF INDONESIA

ELUCIDATION

ON
THE GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 24 YEAR 1992

REGARDING

SPATIAL PLANNING

Preamble

( i ) The areal space of Indonesian State as the vehicle or closure for the livelihood
of Man and other living creatures was bestowed by the Almighty God for
which we must be grateful and endeavour to protect and managed and
developed and preserved for the continual and increase in the quality of life
itself. Pancasila, as the foundation and the philosophy of the State, gives us
the conviction that happiness shall be attained if it is based on harmony and
balance in the life of man s individual, in his relationship with his fellowman,
in his relationship with nature, in his relationship with God the Almighty, as
well as in his pursuit of worldly progress and spiritual contentment. There
are interlocking relationships between man, his community and his living
environment, which must always be cultivated and developed so that they
continue to be in harmonious and dynamic balance. Such a conviction
constitutes the base foundation in spatial planning. The 1945 Constitution as
the consitutional basis makes it mandatory that natural resources are used to
the greatest possible prosperity of the people and the community. This
prosperity must be enjoyed sustainably by current and future generations.
The General Guidelines of the Nation stipulated that development shall not
only for the pursuit of external prosperity, or the pursuit of spiritual
happiness, but also a balance between the two dimensions. Therefore, the
space must be utilized efficiently, effectively and in harmonious balance, in
the spirit of sustainable development.
( ii ) The jurisdictional area of Republic of Indonesia embraces the entire land,
ocean, and air space based upon the prevailing laws and regulations,
including the sea and continental shelf surrounding it, and R.I. holds the

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 sovereignity over or legality inline with the U.N. Convention 1982 regarding
Law of the Sea. The space, as a component of the natural resources
recognizes neither national region nor administration region borders.
However, when space is referred to its control, there must be a clearly
defined functional border within a unified system. Geographically, the site of
R.I. as an archipelagic nation is very strategically located, both from the view
point of national or international interests. Ecologically, the natural
conditions are quite unique, being located precisely at the equator and
occupying a cross position between two continents and two oceans with a
tropical climate, weather and seasons. Therefore, the spatial area of R.I. is an
invaluable asset that must be utilized in a coordinated, integrated manner,
and most effectively, whilst also taking into considerations other factors such
as politics, economy, socio-culture, security and defense, as well as
sustainability of the environmental supportive capacity in the national
development scheme. In other words, the outlook for R.I.’ spatial planning is
towards the Wawasan Nusantara (Archipelagic Concept).
( iii ) A space, by definition, encloses the land, sea, and air and any natural
resources that are needed for the existence of life and livelihood of all
creatures contained therein. Man and other living creatures require space to
accommodate their activities or, putting in another way, a space can
accommodate many kinds of activities, in line with the natural conditions
and/or technology being employed at the locality. Even if a space is
unoccupied by humans such as in a vacuum, a layer underneath the earth’s
crust, a volcano’s crater, the space is still influencial on the state of life itself.
It is understood that the availability of space itself is not without limit, and if
not managed correctly, chances are there will be wasteful and degradation in
the spatial quality. Therefore, there is an urgent need for space orderliness
based upon the magnitude of the activity, kind of activity, functionality,
location, quality of the space, and environmental aesthetics.
( iv ) The space occupied by the State is a natural resource which is comprised of
several spatial areas as subsystems. Each subsystem include the political,
economic, socio-cultural, security & defense, and institutional aspects with
own format and shape which may differ from one another. The legal
jurisdiction of R.I. State is comprised of national, provincial (Regional I), and
Regency/City (Region II), each of which is spatial subsystem with their own
administrative borders. Within each subsystem there is a variety of activities
that make use of the natural resource, artificial resources, with differing
levels of usage, which, if not put in a good order can bring about an
imbalance level of development between the spatial subsystems and thus not
condusive to the efforts to conserve the environment. Spatial plannings that
are based on the environmental characteristics, supportive capacity and
complemented with suitable technology would enhance the harmony and
balance between the subsystems and thus increasing their supportive
capacity. And, since a controlled subsystem will influence the next one and
so on until the entire system is affected, what is required is an integrated
spatial control. In turn, it needs a national policy which embody all aspects
of spatial planning. Accordingly, the actual implementation of development,
whether at the central level or at the regional level should be done in

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 reference to the previously stipulated spatial plans, and thus avoiding any
conflicts.
( v ) The spatial planning process, comprising of space orderliness, space
utilization, and space control should be regarded as one unitized and
inseparable system. In order to ensure attainment of the objectives, it is
necessary to stipulate a set of regulations to lay a clear, distinct and all-
encompassing legal basis for the spatial arrangements. For that reason, such
regulation should possess the following characteristics:
( vi ) Simple, but covers any possible future space utilization developments in terms of
conditions, timing and loacality.

( vii ) Ensure that a spirit of openness prevails and thus encouraging community
involvement in the quality of spatial utilization in all angles of development.

( viii ) Include all aspects of the spatial arrangements and thus lay the basis for further
controls through separate regulation(s). Contains a number of stipulations regarding
the process and procedures of spatial planning, utilization of and control over space
utilization as a basis for further regulations.

( ix ) Besides, this regulation may serve as the base foundation for the evaluation
and matching of current prevailing laws and regulations containing
stipulations on aspects of space utilization, i.e. laws and regulations on
irrigation, land management, forestry, mining, regional development,
fishery, traffic, Indonesian Continental Shelf, Indonesian Exclusive Economic
Zone, housing and estates, tourism, communications, telecommunications,
etc. in considerations of a.o.:
(1). Law No. 4 Prp year 1960 regarding Indonesian Waters (State Gazette No.
22/1960, Supplement ot State Gazette No. 1942) Jo. Law No. 7 year 1976
regarding Ratification of Unification of East Timor into Unitized Republic of
Indonesia and the formation of Province/Region I East Timor (Stqate Gazette
No. 35/1976, Supplement to State Gazette No. 3084);

(2). Law No. 5/1990 regarding Conservation of Natural Biodiversity Resources

and Their Ecosystems (State Gazette No. 49/1990, Supplement to State Gazette
No. 3419);

(3). Law No. 10/1992 regarding Demographic Propagation and Promotion of

Happy Family (State Gazette No. 35/1992, Supplement to State Gazette No.
3475).

In this way, all laws and regulations related to aspects of spatial utilization can be
embraced and contained within one regulation system, Indonesian Spatial Arrangement
Law.

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ARTICLE BY ARTICLE

Article 1

The terminology to be used in this article is meant to facilitate a uniformity in

understanding of this regulation and its implementation.

Point a
The space being regulated in this law is the space where the Republic of Indonesia
upholds her juridictional sovereignity over the territoial area as well as legal authority
outside of the territoral area on the basis of related conventions on oceanic and aerial
space. The term space shall cover the land, sea and air. Land area is the space located
above and underneath the land including terrestrial water surfaces and the land-side
of the ocean’s surface at its lowest level. Sea area is the space located above and
underneath the ocean’s surface started from the ocean-side of the ocean’s surface at its
lowest level, including the sea’s bottom and the grounds underneath of it, where R.I.
State is within her jurisdictional rights. Air space is the space that is located above the
land-space and/or sea-space within the vicinity of the State’s area and attached to the
earth, where R.I. upholds her sovereignity rights. In this law, the meaning of space,
airspace are not the same as that of outerspace. The outerspace with its contents such
as the moon and other celestial bodies is part of the universe, which is outside of the
scope of this definition. Landspace, waterspace and airspace in this sense are
inseparable as a unit of space. Landspace, waterspace and airspace have the potentials
of being utilized for mankind’s and other living creatures life in different levels of
intensity. Such potentials may include: a place to conduct such activities as obtaining
food, industries, mining, routes of transportation, tourism objects, energy resource, or
sites for conducting research and experimental activities.

Point b
By physical structure of space utilization it is meant a set of elements that form the
natural environmental panorama, social environment, and artificial environment that
hierarchily and structurally are interrelated with each other forming the spatial
orderliness. The physical structure of space utilization include, a. o. : hierarchy of
a central services such as centre of the city, environmental centre, centre of
Government; roads s.a. arterial road, collector road, and local road; design plans of a
city s.a. height, distance between buildings, sky light, etc. By patterns of space
utilization it is meant to describe the magnitude, functionality, and the character of
man’s activity and/or acrivity of mother nature. The patterns of space utilization
include, a.o.: location patterns and distribution of populated areas, place of works,
industries, and agriculture, as well as patterns of land usage in the villages and cities.
The target objectives of this spatial planning is orderliness of the area as planned.
Unplanned spatial arrangements are shown in the shape of river banks, lakes, natural
reserves, caves, mountains, etc.

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Point c
Sufficiently clear

Point d
Sufficiently clear

Point e
An area that has its boundaries and systems designated based on administrative
aspects is called governmental area. An area that has its boundaries and systems
designated based on functional aspects is called a region (specifically designated area).

Point f
Sufficiently clear

Point g
Conservation of the living environment also include the natural resources as well as
artificial resources having national history and cultural values.

Point h
Culvation of a region is to be done in strict observance of conservatorial
principles.

Point i
Sufficiently clear

Point j
Sufficiently clear

Point k
Sufficiently clear

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 Article 2
Everyone’s benefit here means that the space arrangement will ensure that all needs,
i.e. the needs of the government and the community are dealed equally in a just
manner, paying respect to those that are economically weak. Integrated here means
that the spatial arrangement shall be analyzed and formulated as one unit of activity
consisting of several that are making use of the same space, regardless whether the
activity is initiated by the government or by the community. The spatial arrangement
is executed in a wholesome and integrated manner, in considerations of a.o. : timing
aspects, capital, optimization, the environment’s supportive capacity, the
environment’s loading capacity, and politics. When considering the time aspects,
there should be a plan on the time estimates, the scope of area required, perception
which should reflect the various interests and needs as well the objective of the space
utilization. Spatial planning should be performed in an orderly manner that fulfils the
prevailing process and procedures consistently.

By useful and effective it is meant that the spatial arrngements should give rise to such
space quality that is suitable for the potentiality and functionality of the space. In a
balanced manner here means that the space arrangement should ensure there will be
a balance between the structure and designated use of the space available for
population distribution across the regions, growth and development between sectors,
inter-regionals and between sectors and regions within a unitized vehicle, the
Wawasan Nusantara (Archipelagic Concept).
Sustainable here means that the spatial arrangement shall ensure the lasting
supportive capacity of the natural resources, in due considerations to the physical
needs and the spiritual needs between the generations.
Article 3
The objective of the spatial arrangement is to organize the interrelationship between
the various activities with the functionality of the space for the attainment of quality
space utilization.
By ‘attainment of spatial arrangements pertaining to protected regions’ it is
meant the typology of space utilization within the protection zones such as
conservatory efforts, rehabilitation, research, environmental tourism objects,
and other similar formats. The objectives of spatial arrangements pertaining to
protected regions include:
a. The attainment of an optimal spatial arrangements pertaining to protected
regions
b. To enhance the functionality of the protected zones .

By ‘spatial arrangements pertaining to cultivation region’ it is meant the

typology of space utilization within the cultivation zones such as mining
exploitation, forestry, agriculture, and real estates, industry, tourism, etc. kegiatan
pembangunan permukiman, industri, pariwisata, dan lain-lain yang sejenis. The
objectives of spatial arrangements pertaining to cultivation regions include:

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a. The attainment of an optimum spatial arrangements pertaining to
cultivation region;
b. To enhance the functionality of the cultivation region. By realizing a consolidated
effort it is meant the mitigation of conflict of interests which would be detrimental
to the development efforts inter-sector, -region, -communities in the utilization of
the natural resources, in observance of the human resource, artificial resources
through a coordinated, integrated and synchronized process of spatial planning,
utiliaztion of space, and control over the utilization of space.

Article 4
Verse (1)
In this stipulation Man could be one person, a group of persons, or a legal body. The
Government is obliged to protect the rights of everyone to enjoy the benefits of a
space.

Verse (2)
The sole rights of a person in the spatial planning can be manifested in the form of his
right to submit a suggestion, recommendation or complaint to the Government with
regards to spatial planning. A just compensation shall be rewarded to a person who
as the land-owner (has the rights over a land), the rights to manage over a natural
resource such as forest, mine, minerals, fish, and/or a space, which can prove that he
suffers from direct losses due to the implementation of a development in accordance
with the spatial planning, and due to the changed value of the space resulting from the
space planning. The said rights are based upon the stipulations of the laws and
regulations or over prevailing customs and traditions.

By the rights of a person for a space here means those freedom to utilize the space
(land, marine waters, and aerial space). The freedom to utilize a land space may be
manifested in the freedom to choose and occupy a unit of space/room within a
building as aplace of abode; the right to perform a business activity such as office
activity, commercial, rest/recreational, and/or to perform a social activity such as
conducting a meeting/gathering in a space within a multistoreyed building; the rights
to build and manage a transportation facility such as a fly-over; etc. The rights to
utilize a marine waters space can be manifested in the form of owning and occupying
a room within a floating house; the rights to perform an activity inside of a space
within a floating city or an immersed city, the rights to manage a marine tourism
business; the rights to cultivate a marine park; the rights to conduct a business in
marine transportation system; the rights to exploit marine resource such as fishing,
offshore mining; etc. The rights to utilize an aerial space can be manifested in the
form of utilizing the aerial space for airplane’s flight routes, the rights to utilize the
aerial media for telecommunication; etc.

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By a just compensation it is meant that the value or magnitude of such compensation
shall not lower the level of prosperity of the subject victim.

Article 5
Verse (1)
The responsibility to safeguard the quality of a space reflects the social responsibility
of everyone over the spatial utilization. Spatial quality is determined by the
attainment of a harmonious balance between the various factors of environmental
supportive capacity, such as soil structure, hydrological cycle, air cycle, environmental
functions such as water absorbing region, conservation region for flora and fauna;
environmental aesthetics such as panoramic views, natural parks, building
architectures; locations such as the separating distance between a housing complex
and public amenities; and structures such as an environmental centre within a
housing estate, centre of business activity in a city. The terminology safeguarding the
spatial quality also include maintaining the spatial quality of a planned space.

Verse (2)
Adjustments of spatial utilization, with or without permits for use, must be performed
at any time by the respective users, if there appears a disharmony in the space
utilization with the planned spatial order. The obligation to pay respect to the spatial
plans must be understood by everyone that are directly affected by the planned spatial
arrangement, proportional with their capacity. For those that are poor and
decapacitated, there should be a just compensation paid, organized through a
stipulation that is based upon the added value resulted from the change in spatial
appearance.

Article 6
Quite clear

Article 7
Verse (1)
Include within a protected zone are the protected forests, lignite zone, water aborbing
region, coastal line, river banks, areas in the vicinity of lakes/dams, areas around a
water spring, natural conservatory region, marine conservatory region and other like
waters, mangrove lined coastal areas, national parks, great woodlands and natural
tourism parks, scientific & culturally protected areas, and areas that are prone to
natural disasters. Included in the cultivation regions are production forests,
agricultural regions, housing estates, industrial estates, bonded areas, tourism area,
religiously sacred areas, educational complexes, and those reserved for security
reasons.

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Verse (2)
Quite clear

Verse (3)
The functional hierarchy of the country side include the populated areas, agricultural
activity area, administrative area, social amenities area, and economic area. Likewise
for townships to include the populated areas, central business areas not related to
agricultural activities such as governmental activities, social and economic activities.
The functional hierarchy of specifically designated areas include those regions
designated for strategic development, based on criterions s.a. :
a. activities in related sectors, individually or as a group having significant
influence over the efforts to develop the spatial order in the surrounding areas.;
b. the activities in the one sector shall have a positive impact over other activities in
similar or other sectorial activities;
c. the activities in one related sector shall become the encouraging factor which
enhance the advancement of community’s prosperity. Such an activity in
specially designated areas can be in the form of development of a large scale
industrial activity along with the associated facilities and buildings, security
related activities and their facilities and structures, tourism activities along with
their related paraphernalia, etc.

Article 8
Verse (1)
Quite clear

Verse (2)

Regions which are consisted of more than one Region I Administrative Area may take
the form of conservatory area and cultivation area such as river flow area, water
absorbance area, border areas, protected forest areas, national park, country side areas,
city/township areas, and specifically designated areas.
In the case where the subject region covers more than two or more Region I
Administrative Areas, then the coordinating role in spatial planning of the region shall
be performed by the Minister, as stipulated in Article 29 verse (1).
The section of each region that are integrated into the one spatial plan (in the above
passage) shall be integrated into the Spatial Plans of their own respective Provincial
Region I and will be stipulated with a regional law.

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Verse (3)
Regions which are consisted of more than one Region II Administrative Area may take
the form of conservatory area and cultivation area such as river flow area, water
absorbance area, border areas, protected forest areas, national park, country side areas,
city/township areas, and specifically designated areas.
Except for the specifically designated areas, in case the region covers more than one
Region II Administrative Areas then the coordinating role in spatial planning of the
region shall be performed by the Governor Head of Region I. The section of each
region that are integrated into the one spatial plan (in the above passage) shall be
integrated into the Spatial Plans of their own respective Regency/City Region II and
will be stipulated with a regional law.

Article 9
Verse (1)
The spatial planning of Provincial Region I, Region II Administrative Areas whose
perimeter include a coastal area, needs to enclose the marine waters uo to a certain
limit. The spatial plan for the area is related to the location and sites of activity of the
local community, such as where the populated area is, where there are fishermen
activities, etc.
Spatial planning of Provincial Region I, Region II Administrative Areas is also related
with the aerial space to a certain limit. The spatial plan for the area is related to the
location and sites of activity of the local community, such as the maximum height of
buildings, utilization of overhead pedestrian bridge which is widened to provide
space for shops.

Verse (2)
Quite clear.
Article 10
Verse (1)
Quite clear

Verse (2)
Within the country side region there exist protected zone and cultivation zone with
agriculture as the main activity. Within the city/township region there exist protected
zone and cultivation zone with non-agriculture as the main activity.

Verse (3)
By strategic region is meant those regions which in the national scale it relates to the
needs of many poeople, as viewed from political view, economic, social, cultural,
environmental, and the national security. Specifically designated areas may exist
within a country side region and/or within a city/township region. By strategic

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region or a prioritized region is an area over which the developmental progress is
being put on a high priority. An example of a specifically designated area is a large
scale designated for industrial activity, tourism, natural reserve, borderlines, and areas
designated for military training region. By borderlines is meant the existing
borderlines, on land, in the sea, and in the aerial space with the neighboring countries.

Verse (4)
In the case of spatial planning over a specific area, the coordination of its formulation
shall be borne by the Minister as meant in Article 29 verse (1).

Article 11
In considerations of aspects as stipulated in this Article, the spatial planning shall be
done for the attainment of efforts to utilize the space in a useful and effective way
whilst at the same time maintain the sustainability of the living environmental
capacity.

Article 12
Verse (1)
Community’s participation is very important in the spatial planning process, since in
the end results will be of interests to the entire population and for the best spatial
orderliness, which is the objective of the exercise. The community plays the part as
being the partner of the government in the spatial planning process. In performing
their role-play, ther community shall exercise their ability actively as the vehicle to
communicate their aspirations in the spatial planning and thus obtain the objectives of
the exercise. The role-play can be done by one individual, a group of persons, or by a
legal body.
Verse (2)
Suficiently clear.

Article 13
Verse (1)
The process and procedures of compilation of the Nation-wide spatial planning,
Provincial/Region I spatial planning. Regency/City/Region II spatial planning, shall
be undertaken in an integrated and focused fashion. The Process and procedures of
compilation of the spatial planning shall be stipulated at national level, at
Provincial/Region I level, and Regency/City/Region II level, respectively. During the
compilation and stipulation of the spatial planning, the following activities are
undertaken:
a. to determine the direction of development as seen from economics view, social,
cultural, supportive and loading capacity of the environment, and security and
defense views;

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 b. to identify the various potential and developmental problems within a specific
region which is to be planned;
c. to formulate the spatial planning steps;
d. to stipulate the spatial plans.

Verse (2)
The spatial planning shall be compiled with a perspective towards a future anticipated
condition, starting with available data, informations, and usable science technology,
whilst also paying attention on the regional diversity of sectoral activities.
Community and environmental development will occur in a dynamic manner, whilst
that of science and technology will develop in step with time. Therefore, in order that
the planned spatial orderliness shall remain in step with the situational development
needs, the subject spatial planning should be reviewable and periodically refined.
Such a review shall not mean a totally renewed plan, and should only be based upon
Government Regulation as meant in verse (4) of this article. The typology of planning
shall be differentiated in accordance with the hierarchy of governmental
administration, the depth of plans, and the regional functionality of the area.

Verse (3)
This stipulation emphasizes, that irrespective of the results in refinement of the spatial
plans, individual person’s rights shall remain protected. Such a spatial planning
refinement shall be performed as meant in Article 4 and Article 12.

Verse (4)
Quite clear.
Article 14
Verse (1)
The spatial planning for defense and security functions at the national level,
Provincial/Region I level, and Regency/City/Region II level, respectively, shall be
conducted as a unitized effort in the course of trying to realize a balance between the
aspects of community needs and security and defense requirement. The management
aspect of the stipulation needs to be considered integrally, since it would affect the
spatial utilization dynamically. Such a dynamic in spatial planning is reflected in the
following examples :
a. changes in the social values resulting from the spatial planning ;
b. changes in land values and other natural resources ;
c. changes in the legal status of ritual/custom lands in the spatial plans;
d. any environmental impacts ;
e. advancement and capacity of science and technology.

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Verse (2)
Structure of space utilization here means the structural orderliness of the biological
components of the environment, non-biological environment, artificial environment,
and the social environment that are hierarchically interrelated to form the spatial
structure. By the pattern of utilization it is meant the shape of interrelationship
between the various aspects of human resources, natural resources, artificial resources,
social, cultural, economics, technology, information, administration, security and
defense; protective functionality, cultivation, and environmental aesthetetics; a deep
space and time dimension, and a wholly unitized quality concept which form the
shape of spatial plans. The plans for structure and patterns of space utilization
represent an activity to formulate the plans in such a way that the anticipated product
shall put an emphasis on the orderliness of hierarchical organization of community
centres and central amenity and services, as well as interrelationships between these
centres through, a.o.: facilitation system. The facilitation system shall consist of a
network of transportation such as highways, rail roads, navigable rivers, and utility
system such as : clean water, waste waters, rain waters control, telephone network,
gas supply network, electrical supply network, and waste treatment facilities.
Orderliness in the usage of land, water and aerial space are inseparable components of
a structured and patterned spatial planning, so as to sustain the benefits of space and
thus prolong the continual utilization of land, water, air and other natural resources
for the developmental activity and enhancement of spatial quality. Examples of other
natural resources include biological-resources such as forests, flora, fauna; and non-
biological resources s.a. minreal mines, crude oil, wind energy, solar energy, and
potentiality of climatic, meteorologic and geophysical resources.

Verse (3)
Spatial planning involving security and defense system, due to their being specific,
require a separate organization. Nevertheless, the spatial planning for this function
shall remain an integral part of the national spatial planning as a whole.

Article 15
Verse (1)
Utilization of space here means the series of developmental activity programme that
make use of the space for a period of time as stipulated in the spatial planning. By
funding of the spatial utilization programme, it is meant the mobilization,
prioritization and funds allocation for the development implementation.

Verse (2)
Spatial utilization shall be performed gradually, through preparation of a program of
development activity implementation in relation with the spatial utilization program
by the Government and the community, individually or together, in line with the
stipulated spatial plans. It shall consider the fund’s sources and mobilization as well as
their allocation in accordance with the agreed spatial plans.

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 Article 16
Verse (1)
The meaning of management patterns of land utilization, water utilization, aerial
utilization, and other natural resources are similar to those applied to other land
utilization, water utilization, aerial utilization, and other natural resources. The term
land utilization, water utilization, aerial utilization, and other natural resources mean
a.o.: control over, making use of, and taking advantage of the land, water, air and
other natural resources in the form of a consolidated utilization of the land, water, air
and the other natural resources through institutional control that are related to the
utilization of the land, water, air and the other natural resources as a unitized system
to provide a just services to the community.

In the above passage, such utilization of the land, water, air and the other natural
resources will necessitate the need to consider other influencing factors such as
meteorology, climatology, and geophyisical factors. The incentive factor here is meant
as a stimulant to encourage activities that conforms to the objectives of the spatial
planning.

When the spatial planning is to be realized through an incentive, the following

simplifications can be attained:
a. simplification in the economic sector through a system of protocols,
payments and procedures in space rental and share holder system; or
b. simplification in the physical sector through facilities and buildings such
as provision of roads, electricity, drinking water telephone, etc. to the areal
development in line with the spatial plans.

The disincentive factors in this stipulation are meant to limit the growth or to resolve
activities that are counter productive to the spatial planning, for example:
a. by imposing high taxation; or
b. through unavailability of facilities and structures.

The implementation of incentives and/or disincentives shall not diminish the rights of
individuals in the community as a citizen. The legal rights of a citizen include equal
treatments based on equality in legality and esteem, the rights to obtain and defense
his living space.

Verse (2)
Sufficiently clear

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 Article 17
In order that space utilization conforms to the requirements of the spatial planning
some kinds of control and discipline activities shall have to be exercised. By control
and supervision in this stipulation, it is meant an effort to safeguard the suitability of
the space utilization with the functionality as stipulated in the spatial planning. By
disciplinary action in this stipulation, it is meant an effort to take an action such that
the planned utilization can be realized. In the Regency/City Region II, such
implementation of spatial planning can be attained, other than through control and
supervison, also by means of permitting system mechanism. Disciplinary action is the
act of enforcement through inspection and observation over all disobedience or
criminal acts, over space utilizations that are not according to the spatial plans.

Article 18
Verse (1)
The format of report in this stipulation is an objective reportage regarding spatial
utilization, including those which conformed or contrary to the spatial planning. The
format of monitoring is by careful observation, control and inspection over the change
in quality of the space orderliness and the environment that are not conforming to the
spatial plans. Evaluation can take the form of evaluating the progress in spatial
utilization in the effort to achieve the objectives of the spatial planning exercise.

Verse (2)
The format of sanctions can be administrative, civil and legal sanctions. Enforcement
are performed based upon stipulations regarding sanctions against violations or
crimes as outlined in the prevailing laws and regulations. In this way, even if this Law
does not contain any passages on legal sanctions, any space utilization contrary to
spatial planning can still be subjected to the prevailing laws and regulations.

Article 19
Verse (1)
Spatial Planning can be differentiated according to governmental administration
classifications, since the authority to control space utilization is to be in line with the
divisions in governmental administration.

Verse (2)
Spatial plannings can be classified according to their accuracy level, owing to the
difference in the information contained in the maps and their scales. Stipulations
stated in the regulations regarding regional maps can be used to assess the accuracy of
the informations therein, based upon the following guidelines:
a. Map of the Indonesian National Area shall be on a minimum accuracy level of
1:1,000,000.00 scale;

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 b. Map of the Province/Region I Area shall be on a minimum accuracy level of
1:250,000.00 scale;
c. Map of the Regency/Region II Area shall be on a minimum accuracy level of
1:100,000.00 and the areal map of a City/Region II shall be on a minimum
accuracy level of 1 : 50,000.00 scale.

A minimum accuracy level in the areal map means that a planned space can be drawn
into a bigger/larger scaled areal maps. The spatial planning of a City/Region II area
would require an accuracy level of 1:50,000 scale due to such factors as density in
population and buildings, diversity in of building/structural constructional activities,
and since the intensity of space utilization within a City/Region II will be higher than
in a Regency/Region II Area. Such an accuracy level may changed in line with the
progress of science and technology.

Article 20
Verse (1)
The strategy and direction of the State’s Policy on Spatial Utilization shall be
formulated by considering the capacity developed from scientific and technological
progress, data and information, as well as funding as outlined in Article 11 and Article
14. The National Spatial Planning in the context of a national strategic plans for spatial
development stipulates the plans along with criterions and patterns of spatial
utilization of protected areas, cultivation areas, and other regions. The spatial
Planning for national perimeters include a.o. community development on a national
scale, facility network to serve the industrial areas from housing estates, determination
of areas to be prioritized in the future development on a national scales, including
specifically designated regions. The National S[atial Planning should consider the
followings:
a. the Archipelagic Concept and National Resilience;
b. main issues in the global and international scale and the implications of
national spatial plans on the national and regional strategic development;
c. distribution, growth and stability;
d. a balance in the aspired sectoral development and regional development;
e. the environment’s supportive and loading capacities.

Verse (2)
By stipulations on protected areas,cultivation areas, and specifically designated areas
on a national scale it is meant that the organization for those areas on a macro and
wholesome manner shall be partial of the strategy and direction of the Policy on the
spatial utilization of the State’s areas. By norms and criterions of spatial planning it is
meant the measure by which the criteria of location and the standard of technical
utilization of the space are being judged upon through laws and regulationsfor the
attainment of spatial quality and orderliness of spatial utilization.

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Verse (3)
By this stipulation, it is meant that the Spatial Planniong for the national areas sall
become the reference point for the Government Institutions (both regional and central
governments) as well as the community to direct the locations and utilize them in
setting up the development programmes in so far as related to spatial planning. Which
means that when making use of the space for planning of developmental activities
they should always consider them from the view point of national spatial planning.
In the course of formulating the spatial planning of the national areas, the following
points need to be considered:
a. The Spatial Planning of one section of the national rea, each of which consisted
of several provinces as a unitized entity, in order to realize the objectives of the
national development, and to realize the Archipelagic Concept as a national
unity;
b. The Archipelagic Concept as a unity, through organizing such activities that
promote interconnections and other networking systems between the locations
and regions land, sea and air;
c. Elaboration of the national economic strategy against the spatial arrangements
that are interrelated and continual. The spatial planning of those national areas
other than being a guideline for the spatial utilization at the regional level, also
to become a guideline for the spatial utilization for the sea and aerial spaces to a
certain specified limit.

Verse (4)
In orchestration with the Long Term Development Plan which spans over 25 years, the
National Spatial Planning is compiled for the same period of time and with a futuristic
perspective towards 25 years in the future. Nevertheless, the National spatial planning
can be reviewed and/or refined within less than 25 years if there were a change in the
national policy which will influence the spatial utilization due to technological
advancement and a change in the fundamental conditions. Such a review and/or
refinement on a policy that had been set for a 25 year period should be done at least
once in every 5 years. The National Spatial Planning is to be elaborated into a five-
yearly regional utilization programme, in orchestration with the Five Yearly
Development Plans. Further on, such space utilization programme should be further
elaborated into a yearly development programme in accordance with the prevailing
annual budgetary plan.

Verse (5)
Sufficiently clear

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 Article 21
Verse (1)
The strategy and structure of spatial planning for Province/Region I shall be
formulated with the following considerations in mind:
a. technological capability, data and information, as well as funding as outlined
in Article 11 and Article 14. he spatial planning for Provincial/Regio I shall
pay attention to, a.o. : outlook and national resiliency;
b. main issues in national requirements;
c. equal distribution, growth and stability ;
d. the direction and policy on national spatial planning;
e. the fundamental capital for development of the Provincial/Region I areas;
f. the potentials and orderliness of the natural resources in the Provincial/Region
I areas;
g. the environmental supportive and loading capacities in the area of concern:
h. the spatial planning of the neighboring Provincial/Region I areas;
i. harmonious relation with the developmental aspirations and spatial planning
of Regency/Region II Area.

Verse (2)
The spatial planning of Provincial/Region I in the format of Spatial Structural
Planning of Provincial/Region I is the policy which gives the direction of the spatial
planning for a certain region, and any area in a provincial scale which is to be
prioritized in it’s development within a period corresponding to the spatial plans.

Verse (3)
The spatial planning of Provincial/Region I is the reference for the Regional
Government to direct the location and utilize the space in the course of compiling a
development program related with the spatial usage in the respective region and at
the same time as a fundamental basis in giving recommendations as to the direction of
the spatial plans. In this way, the spatial utilization to suit the development plans in
the Provincial/Region I shall maintain adherence to the spatial planning of
Provincial/Region I.

Verse (4)
The spatial planning of Provincial/Region I is to be compiled with a perspective
towards the future and for a duration of 15 years. If, during the 15 years period the
spatial planning of Provincial/Region I were expired, then in the course of compiling
a new spatial planning other legal rights owned by the person whose spatial plans had
expired spatial planning will remain valid. This is reflected in the Permit to Use a

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Building which has a validity period of 20 years, Business Permit with a validity
period of 30 years.
The spatial planning of Provincial/Region I is reviewable and/or refinable in less than
15 years if the strategy of the spatial utilization and structure of the spatial plans for
the respective Provincial/Region I area is in need for a review and/or refinement as a
result of an expansion of a National Spatial Planning of a national region. The review
and/or refinement for the attainment of the strategy and structure of the planned
development for the next 15 years shall be done at least once every 5 years. The spatial
planning for Provincial/Region I shall be translated into a five-yearly spatial plans in
line with the Five-Year Development Plan for the respective Provincial/Region I,and
the spatial planning program is further translated into the yearly development plans
in conjunction with available annual budget.

Verse (5)
Sufficiently clear

Article 22
Verse (1)
The strategi implementation of the spatial planning for Regency/City Region II shall
be formulated in considerations of technological knowhow, data and information, as
well as funding as organized in Article 11 and Article 14. The spatial planning for
Regency/City Region II shall consider among other things:
(a). national interests as well as the Region I areas;
(b). the direction and policy of spatial planning at the national and Regional I
levels;
(c). the main issues of Regency/City Region II in setting the priorities of
community’s needs and prosperity as well as security and peacefulness ;
(d). in harmony with the community’s aspirations;
(e). availability and designated use of land, water and aerial space as well as other
natural resources ;
(f). the environmental supportive and loading capacities; spatial planning, areals
of neighboring Regency/City Region II. The General Spatial Planning of
Regency/City Region II is the policy which determines the location of the
regions that must be protected and cultivated as well as to be prioritized in
their development within the duration of the plans.

Verse (2)
Systems of transportation, telecommunication, energy supply, irrigation,
environmental management, water utilization, land utilization, and aerial utilizations
are to be represented as one unitized group within the framework of Spatial Planning
of the respective Regency/City Region II.

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Verse (3)

The spatial planning of Regency/City Region II is the reference for the Regional
Government to direct the location and utilize the space in the course of compiling a
development program related with the spatial usage in the respective region and at
the same time as a fundamental basis in giving recommendations as to the direction of
the spatial plans. In this way, the spatial utilization to suit the development plans in
the respective Regency/City Region II.

Verse (4)
Quite clear

Verse (5)
The spatial planning of Regency/City Region II is to be compiled with a perspective
towards the future and for a duration of 10 years. If, during the 10 years period the
spatial planning of Provincial/Region I were expired, then in the course of compiling
a new spatial planning other legal rights owned by the person whose spatial plans had
expired spatial planning will remain valid. This is reflected in the Permit to Use a
Building which has a validity period of 20 years, Business Permit with a validity
period of 30 years.

The spatial planning of Regency/City Region II is reviewable and/or refinable in less

than 10 years if the strategy of the spatial utilization and structure of the spatial plans
for the respective Regency/City Region II area is in need for a review and/or
refinement as a result of an expansion of a National Spatial Planning of a national
region. The review and/or refinement for the attainment of the strategy and structure
of the planned development for the next 10 years shall be done at least once every 5
years. The spatial planning for Regency/City Region II shall be translated into a five-
yearly spatial plans in line with the Five-Year Development Plan for the respective
Regency/City Region II, and the spatial planning program is further translated into
the yearly development plans in conjunction with available annual budget.

Verse (6)
Quite clear

Article 23
Verse (1)
Quite clear

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Verse (2)
Specially designated regions as meant here are the strategically located regions and
are prioritized for national needs based upon the considerations as stipulated in
Article 10 verse (3). The strategic value is determined by, a.o. due to the kind of
ongoing activities in the region, such as:
a. having significant influence over the efforts to develop the spatial planning of
neighboring regions;
b. having significant impacts, to similar kinds of activities or to other kind of
activities;
c. representing a stimulant for enhancement of community’s prosperity and
defense and security.

In this way, spatial orderliness of such specially designated regions are deemed
necessary in order to obtain the priorities in the compilation process for spatial
planning, implementational program for the utilization of the space as well as in the
funding, or even in the case of control over the space utilization in the region.
Ownership, control and management over the specially designated region shall be
borne by the Government.

Verse (3)
In government regulations regarding area designation, references and protocols for
spatial planning of country side regions include, a.o. : criterions and procedures for
designating a country side region to attain harmony in the development of agricultural
activities in the region, to support the development progress at neighboring villages,
to control any conversion of areas into one large-scale usage, and to prevent
environmental damage.
In government regulations regarding area designation, references and protocols for
spatial planning of city/township areas criterions and procedures for designating a
city/township areas to attain harmony in the development administratively and
functionally with the development progress the neighboring areas as well as with the
environmental supportive and loading capacities.
In government regulations regarding area designation, references and protocols for
spatial planning of specially designated areas include a.o. : criterions and procedures
for designating an area as being specific due to their strategic national values and are
prioritized for national needs based upon the considerations of the size, location, and
kind of activities to be developed in the region. The compilation of the spatial
planning for specially designated areas shall be coordinated by the Minister.
The direction of management over the specially designated region as partial of the
spatial planning of Provincial/Region I shall be given by the respective
Governor/Head of Region I
The management over specially designated region as partial of the spatial planning of
Regency/City Region II shall be performed by the respective Regent/Mayor of the
City.

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 Article 24
Verse (1)
The term ‘to perform’ here includes responsibility and authority to deal with any
legality concerning with the public laws, as detailed in verse (2) of this article.

Verse (2)
Institutional body involvement in the performance, authority, and supervision of
spatial planning in the national level shall be coordinated and performed by the
Minister, whereas at the regional level it will be conducted by the Governor/Head of
Region I, and by the Regent/City Mayor for Region II areas. The duties and
responsibilities of the governmental institutionas in the spatial planning of national
areas include : combining/integrating inter governmental institutionns activities with
the commuinity.

Verse (3)
The term ‘in observance of individual rights’ contains the context of paying respect,
holding in high esteem, recognizing, and conforming to the prevailing laws and
regulation that recognize the rights of individuals. By the rights of individuals here
means all the legal rights that are obtained or held by that person based upon laws
and regulations, customs and traditions that are still actively followed in the region.
Such legal requirements include ownership or control over a piece of land based upon
certain authority that are legally recognized as stipulated in Law No. 5/1960 regarding
Basic Provisions in Agriculture (UUPA).

Article 25
The distribution of informations regarding spatial planning to the community at large
can be accomplished through the electronic media and printed media or other
communication media. Spatial Plannings are conducted openly, i.e. everyone can
obtain descriptions of the product of such spatial plannings and about the process to
arrive at the results, and thus help to make it easier to direct any efforts to sfaeguard
the quality of the spatial plans. In the development of the spatial planning, the
Government has taken the steps to prevent any losses to the community as result of
the changed spatial values. The development of spatial planning include the
enhancement of the Governmental Bodies as well as the community in the methods to
compile spatial plans for commercial areas, space utilization, control over spatial plans
by the duty institution assigned to organize the spatial planning.

Inclosed with the packet of developing the spatial planning, such activities as
compilation of technical guidelines, processing, procedures, standards and technical
criteria, as well as plans of structural elements to develop the spatial planning
structure, such as road networking, drinking water network, drainage system
network, waste water network, fresh water mains, telephone network, electrical

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supply networks that are necessary in the frame work of spatial planning. The
community involvement in the spatial planning and enhancement of the spatial
quality should be developed through cultivation and encouragement of their
awareness and sense of responsibility by means of continuing trainings, inductions,
educations that are conducted for every level of the governmental administration and
also for every layers of the community.

Article 26
Verse (1)
The permit to utilize a space is related to the location, spatial quality, and structural
plans that conforms to prevailing laws and regulations, traditional customs, and
common practices. What is being revoked by this verse is the permit to utilize a space
which did not conform to, regardless of whether it existed prior or after the Spatial
Planning for Regency/City Region II promulgation of this Law.

Verse (2)
What is meant by goodwill here is the demeanor of the party making use of the space
who already have the necessary and legally valid documents/permits related to the
spatial utilization with the intention of not overly self-enrichment nor causing losses to
some other party.
A just compensation to a losing party because of a permit voidance shall become the
responsibility of the government institution related to the spatial utilization. The
magnitude of such a just compensation does not necessarily diminishing the
prosperity of the related party. In case of a conflict due to the compensation payment
by the Government, it should be settled through the court of law in accordance with
the prevailing stipulations.
The impact of a development activity that are contrary to the spatial planning will be
manifested in the change in spatial functionality of the space which may necessitate
remediation measures. The remediation measure is to rehabilitate the spatial
functionality of the area. Such a functional rehabilitation is to be the responsibility of
the Regional Government, in this case the Regency/Region II, in line with the
budgetary allocation as stated in the development programme.

Article 27
Verse (1)
In order to facilitate the spatial planning in the Provincial/Region I, the
Governor/Head of the Provincial/Region I shall coordinate the compilation of the
said spatial planning, spatial utilization, and control over the spatial utilization within
the Provincial/Region I.

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Verse (2)
The Governor, Head of the Special Region & Capital City of Jakarta shall compile the
spatial planning, spatial utilization, and control over the spatial utilization within the
Special Region & Capital City of Jakarta in considerations of related development
plans from Departments, Institutions, and other Governmental Bodies. On the other
hand, the said Departments, Institutions, and other Governmental Bodies shall also
adjust their plans with spatial plannings of the Special Region & Capital City of
Jakarta.

Verse (3)
Sufficiently clear

Article 28
Verse (1)
In order to facilitate the spatial planning in the Regency/City Region II, the
Regent/City Mayor for Region II areas shall coordinate the compilation of the said
spatial planning, spatial utilization, and control over the spatial utilization within the
Regency/City Region II.
Verse (2)
Sufficiently clear

Article 29

Verse (1)

The coordination function as meant here include the overall spatial planning of the
national regions, areas of Provincial/Region I, areas of Regency/City Region II.

Verse (2)
The change in the spatial functionality of an area include any change in the physical
appearance (environmental panorama) and its utilizations, including any changes
resulting from a natural event or resulting from human’s doing
Any large scale change in the functionality or conversion of a region, such as from a
woodlands into mining area, agricultural, housing estates, tourism, etc. ; from
agricultural area into mining, agricultural, housing estates, industry, tourism, etc , ;
from housing estate into industry, commercial, tourism, etc. ; would require an
assessment and evaluation on the change in functionality in a cross-sectoral, cross
regional and focused, and to be coordinated by the Minister.

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The change in functionality of a region that needs to be coordinated, a. o., include a
change from a marine waters area into a land area due to a coastal area reclamation , a
change from a hilly area into a mining area.
The change in functionality of a region that occurred after the stipulation of a Spatial
Planning of a Regency/City Region II will be integrated into the Spatial Plans of the
respective Regency/City Region II through a related regional laws of the respective
region.

Verse (3)
Sufficiently clear

Verse (4)
Sufficiently clear

Article 30
Upon enactment of this Law, any existing laws and regulations relating to spatial
planning and the stipulations therein contain articles that are not in conformity with
the present ones shall need to be replaced; whereas stipulations that are in conformity
with and in similar directionwith the present ones shall need to be organized in a
supplementory stipulations as an elaboration of the stipulations stated in this Law. As
an example, the stipulations of Article 14 of Law No. 5/1960 regarding Basic
Provisions in Agriculture (UUPA) are compatible and in conformity with the
stipulations of this Law.

The regional laws as meant in this Law are the same regional laws as meant in Article
14 of the UUPA. As a guidance for implementation as meant in this Law, there shall
be some governmental regulations regarding land usage as a subsystem in the spatial
planning. In principles, hierarchically according to levels in governmental
administration or typology of planning, such spatial plans should be started from the
very general stage until a very detailed stage, and the compilation should be done in a
sequential manner. However, in order to avoid a vacuum, any lower ranked spatial
plans (according to governmental administrative ranking or typology of the spatial
plans) may proceed on whilst awaiting the higher ranked spatial plans, as long as
during implementation it will not be contrary to the stipulations of this Law.

Article 31
Quite clear

Article 32
Sufficiently clear.

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SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA
NO. 3501

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