Professional Documents
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LEGISLATION PART 1 121123 by Tsauro-batch 1 (Page 1-61)
LEGISLATION PART 1 121123 by Tsauro-batch 1 (Page 1-61)
LEGISLATION PART 1 121123 by Tsauro-batch 1 (Page 1-61)
HAS DECIDED
CHAPTER I
GENERAL REQUIREMENTS
Article 1
In this Ministerial Regulation what is meant by:
1. Space is a container that includes land space, sea space and air space, i
ncluding space within the earth as a unified territory, where humans an
d other creatures live, carry out activities and maintain their survival.
2. Spatial Planning, hereinafter abbreviated as RTR, is the result of spatial
planning.
3. Spatial Planning is a process for determining spatial structure and spatia
l patterns which includes the preparation and determination of spatial pl
anning plans.
4. Regional Spatial Planning, hereinafter abbreviated as RTRW, is the result
of spatial planning for a region which is a geographical unit and all relate
d elements whose boundaries and systems are determined based on adm
inistrative aspects.
Article 2
(1) Guidelines for the provision and utilization of RTH including the provisio
n and utilization of RTNH and RTB.
b. water infiltration;
c. economy;
d. socio-cultural;
e. aesthetics; And
f. disaster management.
(2) The ecological function aspect as intended in paragraph (1) letter a can f
unction as:
a. oxygen producer;
b. part of the air circulation system (city lungs);
c. microclimate regulator;
d. shade;
e. rainwater absorber;
f. provider of vegetation and animal habitat;
g. absorbing and adsorbing air pollution, water pollution, and land p
ollution;
h. windbreak; and/or
i. noise canceling.
(3) The water absorption function aspect as intended in paragraph (1) letter
b can function as:
a. water absorption area provider;
b. groundwater recharge area provider; and/or
c. flood control.
(4) Aspects of the economic function as intended in paragraph (1) letter c ca
n function as:
a. providing guarantees for increasing land value;
CHAPTER II
TYPOLOGY OF RTH
Article 4
(1) The typology of RTH is determined based on the functional aspects as int
ended in Article 3 paragraph (1).
(2) The typology of RTH as intended in paragraph (1) is in the form of:
a. green open space area/zone;
b. other areas/zones; And
c. the space object functions as green open space.
(3) Provisions regarding RTH typology as intended in paragraph (1) are listed
in Appendix I which is an inseparable part of this Ministerial Regulation.
Article 5
(1) Green open space in the form of green open space areas/zones as intend
ed in article 4 paragraph (2) letter a consists of:
a. urban jungle;
b. City Park;
c. sub-district park;
d. village park;
e. RW park;
f. RT park;
g. burial; and/or
h. green line
(2) The urban jungle as intended in paragraph (1) letter a has criteria which
include:
a. stretches of land in the form of elongated/stripes and/or clustered as a p
lace for vegetation to grow with complete, dense and varied stratification
within the city or urban area;
(3) City parks as intended in paragraph (1) letter b have criteria which inclu
de:
a. open land which has socio-cultural and aesthetic functions as a means o
f recreational, educational or other activities aimed at serving residents i
n 1 (one) city or urban area;
(4) District parks as intended in paragraph (1) letter c have criteria which in
clude:
a. parks intended to serve residents in 1 (one) sub-district;
(5) The sub-district park as intended in paragraph (1) letter d has criteria w
hich include:
a. parks intended to serve residents in 1 (one) sub-district;
(6) RW parks as intended in paragraph (1) letter e have criteria which includ
e:
a. parks intended to serve residents in 1 (one) RW, especially youth activitie
s, community sports activities, and other community activities in the RW
environment;
(8) The cemetery as intended in paragraph (1) letter g has criteria which incl
ude:
a. as a burial place for corpses;
b. width of green lanes at road borders, railway line borders and transmissi
on network borders and electricity substations in accordance with statut
ory regulations;
c. the proportion of green belts consisting of at least 70% (seventy percent)
green cover and the remainder consisting of environmentally friendly no
n-green cover;
d. as a water catchment area;
e. as a microclimate controller; And
f. as a place for limited social activity.
Article 6
(1) Green open space in the form of other areas/zones as intended in article 4
paragraph (2) letter b is an area/zone within the RTR which has a green o
pen space function but is not a green open space area/zone.
(2) RTH in the form of other areas/zones as intended in paragraph (1) consist
s of:
a. areas/zones that provide protection to subordinate areas;
f. the proportion of green and non-green land cover in areas/zones that pro
vide protection for subordinate areas in accordance with statutory provisi
ons.
(4) The local protection area/zone as intended in paragraph (2) letter b has cri
teria which include:
a. as protection of water bodies and aquatic ecosystems;
b. has border width and proportions in accordance with statutory provision
s;
c. dominated by aquatic ecosystems, riparian ecosystems, and/or coastal e
cosystems;
d. green cover is dominated by trees with varying stratification;
e. areas with high biodiversity and prone to natural disasters; and/or
f. the proportion of green and non-green land cover in local protection area
s/zones in accordance with statutory provisions.
(5) Conservation areas/zones as intended in paragraph (2) letter c have criteri
a which include:
a. has the attraction of biological natural resources, geological formations, a
nd/or natural phenomena that can be developed for the benefit of scienti
fic development, research, education, and increasing awareness of the co
nservation of biological natural resources;
f. the proportion of green and non-green land cover in customary forest are
as/zones in accordance with statutory provisions.
b. has high scientific value for the development of science, research, educati
on, and increasing awareness of the conservation of biological natural res
ources;
c. has a physical type of rock that is capable of passing water with layers of
soil covering from sand to silt; and/or
d. the proportion of green and non-green land cover in geological protected
areas/zones in accordance with statutory provisions.
(8) Cultural heritage areas/zones as intended in paragraph (2) letter f have cri
teria which include:
a. contains cultural heritage sites located on land and/or at sea;
b. is not a monoculture farm and has local vegetation diversity with complet
e stratification;
c. carried out using an agroforestry approach;
d. consider the protection of water bodies, both surface water in the form of
pond water, ditch water, river water, lake water and dam water, as well a
s ground water and well water, which may affect agricultural business ac
tivities; and/or
e. the proportion of green and non-green land cover in agricultural areas/zo
nes in accordance with statutory provisions.
Article 7
(1) Space objects functioning as RTH as intended in article 4 paragraph (2) lett
er c consist of:
a. Space objects functioning as RTH as intended in article 4 paragraph (2) l
etter c consist of:
1) roof garden, sky garden;
2) podium garden;
3) balcony garden;
4) corridor garden;
5) green wall/vertical garden;
6) planter box garden; and/or
7) container garden.
b. Space objects on the plot, which consist of:
1) plots in residential areas/zones;
5) house yard;
c. Blue Open Space, which consists of:
1) lake;
2) reservoir;
3) river;
4) embung;
5) situ;
6) spring;
7) swamp
8) biopore;
9) absorption wells;
10) bioswales;
11) rain garden;
12) retention and detention ponds; and/or
13) constructed wetland.
(2) Space objects in buildings as intended in paragraph (1) letter a have criteria
that include:
a. in the form of building surfaces planted with vegetation;
b. has an area in accordance with the KDH stipulated in the general zonin
g provisions/zoning regulations in the RTR;
c. provide water catchment areas in the form of ponds, fields, wells, reserv
oirs or ponds in accordance with statutory regulations;
d. provide a rainwater harvesting system as an alternative water source th
at meets the technical criteria for maintaining green open space landsca
pes on plots in accordance with statutory regulations; and/or
e. planted with local vegetation with complete stratification that meets the
plant criteria and technical landscape criteria for RTH on the plot which
functions as shade, sound absorber, odor filter and/or dust filter in acc
ordance with statutory regulations.
(4) Blue Open Space as intended in paragraph (1) letter c has criteria which in
clude:
a. in the form of a body of water or water space;
CHAPTER III
PROVISIONS OF RTH
Article 8
(1) Provision of RTH includes:
Article 9
(1) RTH planning as intended in Article 8 paragraph (4) letter a is part of the
process of preparing district/city RTRW and district/city RDTR.
Article 10
The provision of land as intended in Article 8 paragraph (4) letter b at least incl
udes the procurement of land for the provision of green open space in accordan
ce with the provisions of statutory regulations.
Article 11
(1) RTH management as intended in Article 8 paragraph (4) letter d consists
on:
a. management of Public Green Open Space; and/or
b. management of Private RTH;
(2) Public RTH management as referred to in paragraph (1) letter a includes:
a. green open space maintenance;
Article 12
Article 14
(1) Identification of categories of city areas and urban areas in regency areas
as intended in Article 9 paragraph (2) letter c includes:
a. identification of city area categories; or
b. provisions for the provision of green open space in city areas are deter
mined based on the city area category.
(4) Provisions regarding the categorization of city areas and the categorizatio
n of urban areas in district areas as intended in paragraph (1) are listed i
n Appendix II which is an inseparable part of this Ministerial Regulation.
Article 15
(1) The city area category as intended in Article 14 paragraph (2) letter a incl
udes:
a. type I city area (WK-I) with a percentage of green open space < 30% (l
ess than thirty percent) of the city administrative area; And
b. type II city area (WK-II) with a percentage of green open space ≥ 30%
(more than or equal to thirty percent) of the city administrative area.
(2) Fulfillment of green open space in type I city areas (WK-I) as intended in
paragraph (1) letter a is carried out using the mechanism:
a. purchase and/or land acquisition; And
b. increasing the quantity and quality of green open space based on IHB
I.
(3) RTH in type II city areas (WK-II) as referred to in paragraph (1) letter e m
ust maintain its existence and increase its quantity and quality based on
IHBI.
(4) In the event that the fulfillment of green open space in a type I city area
(WK-I) as intended in paragraph (1) letter a has been carried out but has
not been fulfilled, then a joint green open space recognition scheme can
be used with the approval of the Minister.
(5) The joint RTH recognition scheme as referred to in paragraph (4) is a sch
eme for providing RTH which is jointly owned and managed by several Re
gional Governments in one ecological unit and is used for the benefit of t
he Community.
Article 16
(2) Fulfillment of green open space in urban areas in regency areas as inten
ded in paragraph (1) is carried out with the following provisions:
a. type I urban area (KP-I) must cover at least 30% (thirty percent) of the
urban area; And
b. Type II urban areas (KP-II) that have met ≥ 30% (more than or equal t
o thirty percent) must maintain and increase the quantity and quality
of green open space based on IHBI.
(3) Fulfillment of green open space in urban areas in regency areas as inten
ded in paragraph (2) is carried out using the mechanism:
c. purchase and/or land acquisition; And
Article 17
Article 18
Article 19
The formulation of a plan for the provision of green open space based on the IH
BI as intended in Article 9 paragraph (2) letter f results in a study containing sc
enarios for the provision and use of green open space which includes:
a. goals, activities, and strategies;
Article 20
Further provisions related to planning, land provision, green open space design
and management as intended in article 8 paragraph (4) are further regulated in
the technical instructions of this Ministerial Regulation.
CHAPTER IV
UTILIZATION OF RTH
Article 21
Article 22
Article 23
(1) The use of green open space as intended in Article 21 paragraph (1) letters
a and letter c can be given incentives or disincentives in an effort to realize
quality green open space.
(2) The incentives or disincentives as intended in paragraph (3) are provided by:
a. Central Government to Regional Government;
b. Regional Government to other Regional Governments;
c. Central Government and/or Regional Government to the Community; A
nd
d. Central Government and/or Regional Government to business entities.
(3) The incentives or disincentives referred to in paragraph (4) are carried out b
ased on applicable laws and regulations and are further regulated in the tec
hnical instructions of this Ministerial Regulation.
CHAPTER V
COOPERATION
Article 24
(1) Cooperation in the provision and utilization of RTH can take the form of:
a. cooperation between Regional Governments; and/or
b. cooperation between the Regional Government and the Community.
(2) Cooperation between Regional Governments as referred to in paragraph
(1) letter a can take the form of joint RTH recognition.
(3) Cooperation in the provision and utilization of RTH as intended in paragr
aph (1) is carried out based on the provisions of statutory regulations.
Article 25
CHAPTER VI
CLOSING PROVISIONS
Article 26
Article 27
In order that every person may know hereof, this Ministerial Regulation is orde
red to be promulgated by its placement in the Bulletin Gazette Of The Republic
Of Indonesia.
Issued in Jakarta
On .........
signed.
SOFYAN A. DJALIL
Promulgated in Jakarta
on ............
DIRECTOR GENERAL
REPUBLIC OF INDONESIA,
signed.,
NIP. …
MINISTER OF MINES AND ENERGY OF THE REPUBLIC OF INDONESIA
NUMBER: 01.P/47/MPE/1992
ABOUT
FREE SPACE FOR HIGH VOLTAGE LINES (SUTT) AND EXTRA HIGH VOLTAGE OVERHEAD LINES
(SUTET) FOR THE DISTRIBUTION OF ELECTRIC POWER
Considering:
That in order to carry out the business of providing electric power as intended in article 6
paragraph (2) letter b of Law number 15 of 1985 concerning electricity, it is deemed
necessary to regulate provisions regarding free space for high voltage overhead lines (SUTT)
and extra high voltage lines (SUTET ) as a guideline in the context of construction and
installation as well as in the context of construction and installation as well as securing and
maintaining the air duct in a Minister of Mining and Energy Regulation
Observing :
1. Law number 15 of 1985 (LN of 1985 number 74, TLN number 3317);
2. Government regulation number 10 of 1989 (LN of 1989 number 24, TLN number 3394);
3. Presidential Decree number 15 of 1984 dated March 6 1984);
4. Presidential Decree number 6 / M of 1988 dated March 21 1988;
5. Minister of Mining and Energy Regulation number 01 p /40. M.PE/ 1990 dated 16 June
1990.
Has Decided
To Enact:
REGULATION OF THE MINISTER OF MINING AND ENERGY REGARDING FREE SPACE FOR HIGH
VOLTAGE OVERHEAD LINES (SUTT) AND EXTRA HIGH VOLTAGE OVERHEAD LINES (SUTET)
FOR THE DISTRIBUTION OF ELECTRIC POWER.
CHAPTER I
GENERAL PROVISIONS
Article 1
Article 2
Free space is defined differently in terms of area and shape based on:
a. Temperature and maximum wind pressure which influence the swing and sideways
swing of the conductor;
b. System voltage, support and conductor design;
c. Minimum clearance;
As stated in tables and figures 1 (one) to 19 (nineteen) in the attachment to this Ministerial
regulation, which can be used as a guideline for determining the further free space required.
CHAPTER III
CONSTRUCTION AND INSTALLATION OF SUTT OR SUTET
Part I
Routes, Surveys And Land Investigations
Article 3
In determining routes, carrying out surveys and land investigations for planning the
construction and installation of SUTT or SUTET, entrepreneurs must pay attention to
applicable laws and regulations.
The owner of the land or building is obliged to allow the entrepreneur concerned to enter
the land or building and cut down any plants that are in the way for the purposes of carrying
out land surveys and investigations.
If during the survey and land investigation damage occurs to buildings and plants, the owner
can be given compensation in accordance with applicable regulation.
Part Two
Article 4
In carrying out the construction and installation of SUTT or SUTET, entrepreneurs must pay
attention to the applicable laws and regulations;
Land or building owners must allow entrepreneurs to enter the land or yard and cut down
plants that hinder construction and installation.
If during the construction and installation of SUTT and SUTET damage occurs to the land or
plants, the owner can be given compensation in accordance with applicable regulations.
Part Three
Article 5
Lands located under SUTT and SUTET is not released and compensation is not provided.
Plants and buildings that are located under SUTT or SUTET and do not enter the Free Space
are not released and are not provided with compensation.
The land on which the support site is built, including buildings and plants on the land, must
be acquired and compensated.
Plants and buildings, both in whole and in part, that are in free space must be released and
compensated.
The amount of compensation for land as intended in paragraph (3) of this article is
determined based on deliberation between the entrepreneur and the land owner and is
guided by the applicable laws and regulations and the land market price determined by the
local regional government.
The amount of compensation for plants and buildings as intended in paragraph (3) and
paragraph (4) of this article is determined based on the applicable provisions.
Plants and buildings that have been given full compensation must be cut down and
completely dismantled by their owners.
CHAPTER IV
Part One
Security
Article 6
Part Two
Maintenance
Article 7
Every plant that has been cut down and has been given compensation which then grows
again and every new plant which grows into free space, must be pruned or cut by the owner
or by the entrepreneur with the knowledge of the owner, without being given
compensation.
Land owners must allow entrepreneurs to enter their land to carry out maintenance on the
SUTT or SUTET in question.
CHAPTER V
CLOSING PROVISIONS
Article 8
Matters which have not been or are not sufficiently regulated in this Ministerial Regulation
are further regulated by the Director General of Electricity and New Energy.
Pasal 9
This Ministerial Regulation shall come into force on the date of its enactment.
ANNEX
Table
Minimum clearance between SUTT and SUTET conductors and the ground and other objects
SUTT SUTT SUTET 500 KV
Dual Circuit Single Circuit
NUMBER LOCATION 66 KV 150 KV
(m) (m)
(m) (m)
1. Open field or open
6,5 7,5 10 11
area
2. Areas with certain c
onditions
2.1 The building is not fi
12,5 13,5 14 15
reproof
2.2 Fireproof building 3,5 4,5 8,5 8,5
2.3 Road/highway traffi
8 9 15 15
c
2.4 Trees in general, for
3,5 4,5 8,5 8,5
ests, plantations
2.5 Sports field 12,5 13,5 14 15
2.6 Other SUTTs, low vo
ltage air conductor
s, telecommunicatio
ns networks, rado a 3 4 8,5 8,5
ntennas, television
antennas and cable
cars
2.7 Ordinary train track
8 9 15 15
s
2.,8 Iron bridges, iron fr
ames supporting co
nductors, nearby el 3 4 8,5 8,5
ectric trains and so
on
2.9. The highest point of
a ship's mast at the
3 4 8,5 8,5
highest tide level fo
r water traffic