LEGISLATION PART 1 121123 by Tsauro-batch 1 (Page 1-61)

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REGULATION OF THE MINISTER OF LAND AND SPATIAL PLANNING/

HEAD OF THE NATIONAL LAND AGENCY


REPUBLIC OF INDONESIA
NUMBER … YEAR …
ABOUT
GUIDELINES FOR THE PROVISION AND USE OF GREEN OPEN SPACE

BY THE GRACE OF GOD ALMIGHTY

MINISTER OF LAND AND SPATIAL PLANNING/


HEAD OF THE NATIONAL LAND AGENCY
REPUBLIC OF INDONESIA,

Considering : a. that currently many Regional Governments are experie


ncing difficulties in meeting Public Green Open Space
of 20% (twenty percent) and Private Green Open Space
of 10% (ten percent) of their area area;
b. that in order to control climate change, achieve the mi
ssion of net zero emissions, and implement Law Numb
er 16 of 2016 concerning Ratification of the Paris Agre
ement to the United Nations Framework Convention o
n Climate Change, the Central Government and Regio
nal Governments are obliged to create useful quality G
reen Open Space;
c. that responding to these conditions requires a breakth
rough by using the Indonesian Green-Blue Index; And
d. that in order to implement the provisions of Article 31
of Law Number 26 of 2007 concerning Spatial Plannin
g as amended by Law Number 11 of 2020 concerning
Job Creation, it is necessary to stipulate a Regulation
of the Minister of Agrarian Affairs and Spatial Plannin
g/Head of the National Land Agency concerning Guide
lines for the Provision and Utilization of Space Open G
reen;
Observing : 1. Law Number 26 of 2007 concerning Spatial Planning
(State Gazette of the Republic of Indonesia of 2007 Nu
mber 68, Supplement to State Gazette of the Republic
of Indonesia Number 4725) as amended by Law Numb
er 11 of 2020 concerning Job Creation (State Gazette o
f the Republic Indonesia Year 2020 Number 245, Supp
lement to the State Gazette of the Republic of Indonesi
a Number 6573);

2. Law Number 11 of 2020 concerning Job Creation (Stat


e Gazette of the Republic of Indonesia of 2020 Number
245, Supplement to State Gazette of the Republic of In
donesia Number 6573);

3. Government Regulation Number 21 of 2021 concernin


g Implementation of Spatial Planning (State Gazette of
the Republic of Indonesia of 2021 Number 31, Supple
ment to State Gazette of the Republic of Indonesia Nu
mber 6633);

4. Regulation of the Minister of Agrarian Affairs and Spati


al Planning/Head of the National Land Agency Number
11 of 2021 concerning Procedures for Preparing, Revie
wing, Revisioning and Issuing Approval of the Substan
ce of Provincial, Regency, City and Detailed Spatial Pla
nning Plans (State Gazette of the Republic Indonesia 2
021 Number 329);

5. Regulation of the Minister of Agrarian Affairs and Spati


al Planning/Head of the National Land Agency Number
14 of 2021 concerning Guidelines for Preparing a Data
base and Presenting Provincial, Regency and City Spat
ial Planning Maps, as well as Detailed Regency/City S
patial Planning Maps (State Gazette of the Republic of
Indonesia 2021 Number 326).

HAS DECIDED

To Enact : REGULATION OF THE MINISTER OF LAND AND SPATIAL P


LANNING/HEAD OF THE NATIONAL LAND AGENCY CONCE
RNING GUIDELINES FOR THE PROVISION AND UTILIZATIO
N OF GREEN OPEN SPACE.

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.

5. Detailed Spatial Planning Plan, hereinafter abbreviated as RDTR, is a de


tailed plan regarding the spatial layout of a district/city area which is acc
ompanied by district/city zoning regulations.
6. Building and Environmental Planning Plan is a Building and Environmen
tal Planning Plan (RTBL) which is a design guide for an environment/are
a which is intended to control space utilization, building and environmen
tal arrangement, and contains the main material for building and enviro
nmental program provisions, general plans and guidelines. design, invest
ment plans, plan control provisions, and guidelines for controlling the im
plementation of environmental/regional development.
7. Urban areas are areas that have non-agricultural primary activities with
the structure of the area's functions as urban settlements, concentration
and distribution of government services, social services and economic act
ivities.
8. City area is a space that is a geographical unit along with all related elem
ents whose boundaries and systems are determined based on the city's a
dministrative boundaries.
9. Basic Green Coefficient, hereinafter abbreviated to KDH, is the percentag
e ratio between the area of all open spaces outside buildings designated f
or landscaping/greening and the area of land plots/planning areas contr
olled according to spatial plans and building and environmental planning
plans.
10. Basic Building Coefficient, hereinafter abbreviated as KDB, is the percen
tage ratio between the area of the entire ground floor of a building and th
e area of land/plot land/planning area controlled according to the spatial
plan and building and environmental planning plan.
11. Building Floor Coefficient, hereinafter abbreviated as KLB, is the percent
age ratio between the area of all floors of a building and the area of land
plots/planning areas controlled according to spatial plans and building a
nd environmental planning plans.

12. Incentives are tools to motivate, encourage, provide attraction, and/or ac


celerate Space Utilization activities that have added value in zones whose
development needs to be encouraged.
13. Disincentives are devices to prevent and/or impose limitations on space
utilization activities that are in line with the RTR in terms of the potential
to exceed the carrying capacity and capacity of the environment.
14. The Central Government is the President of the Republic of Indonesia wh
o holds the power of the government of the Republic of Indonesia assiste
d by the Vice President and ministers as intended in the 1945 Constituti
on of the Republic of Indonesia.
15. Regional Government is the regional head as an element of regional gover
nment organizers who leads the implementation of government affairs wh
ich are the authority of the autonomous region.
16. Green Open Space, hereinafter abbreviated as RTH, is an elongated/lane
and/or clustered area whose use is more open, a place for plants to grow,
both naturally grown and deliberately planted, taking into account aspe
cts of ecological, water absorption, economic, social functions. culture, a
nd aesthetics.
17. Public Green Open Space, hereinafter abbreviated to Public RTH, is green
open space owned and managed by the district/city regional government
which is used for the general public interest.
18. Private Green Open Space, hereinafter abbreviated as Private RTH, is a g
arden or yard of a house/building owned by a community/business entit
y that is planted with plants.
19. Non-Green Open Space, hereinafter abbreviated as RTNH, is open space t
hat uses environmentally friendly materials (porous/permeable pavemen
t).
20. Blue Open Space, hereinafter abbreviated to RTB, is a water body landsc
ape that has the potential to provide environmental services (ecosystem s
ervices).

21. The Indonesian Green-Blue Index, hereinafter abbreviated to IHBI, is a m


ethod for calculating green open space by assessing the quality of space
based on ecological and social functions.
22. Communities are individuals, groups of people including customary law c
ommunities, corporations, and/or other non-government stakeholders in
the implementation of spatial planning.
23. Area is an area that has the main function of protection or cultivation.
24. Zone is an area or area that has specific functions and characteristics.

Article 2
(1) Guidelines for the provision and utilization of RTH including the provisio
n and utilization of RTNH and RTB.

(2) RTNH as intended in paragraph (1) uses environmentally friendly materia


ls.
(3) RTB as intended in paragraph (1) is a water body landscape that has the
potential to provide environmental services (ecosystem services).
(4) The provision and use of green open space as referred to in paragraph (1)
needs to maintain the ecological, historical and socio-cultural values of t
he area.
(5) Guidelines for the provision and utilization of RTH as referred to in parag
raph (1) include regulations regarding typology, provision, utilization and
cooperation.
Article 3
(1) The provision and utilization of green open space considers functional as
pects:
a. ecological;

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;

b. providing added value to the city environment; and/or

c. providers of agricultural, plantation, forestry and/or natural tourism pr


oduction space.
(5) Aspects of socio-cultural functions as intended in paragraph (1) letter d c
an function as:
a. provider of community interaction space;
b. provider of recreational and sports activities space;
c. provider of space for cultural expression;
d. provider of space for creativity and productivity;
e. providers of educational, research and training spaces and objects;
and/or
f. provider of health support space.
(6) The aesthetic function aspect as intended in paragraph (1) letter e can fu
nction as:
a. enhancer environmental comfort;
b. enhancer the beauty of the environment and the city landscape as
a whole;
c. former the identity of city elements; and/or
d. creator a harmonious and balanced atmosphere between built and
unbuilt areas.
(7) Aspects of the disaster management function as intended in paragraph
(1) letter f can function as:
a. disaster risk reduction;
b. disaster evacuation room provider; and/or
c. provider of post-disaster recovery space.

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;

b. as a place for the growth of various types of vegetation and biodiversity;


c. functions primarily as a buffer space for natural ecosystems and forms e
cological unity;
d. as a water absorption area;
e. as a microclimate controller;
f. as a place for limited social activities of the community;
g. limiting the development of city areas or urban areas;
h. has a service radius of 5,000 m (five thousand meters);
i. has an area of at least 100,000 m2 (one hundred thousand square meter
s); And
j. the proportion of urban forest consists of at least 95% (ninety five percen
t) green cover and the remainder consists of environmentally friendly no
n-green cover.

(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;

b. as a place for the growth of various types of vegetation and biodiversity;


c. as a water absorption area;
d. as a microclimate controller;
e. as a place for community social activities;
f. has a service radius of 5,000 m (five thousand meters);
g. has a minimum area of 50,000 m2 (fifty thousand square meters); And
h. the proportion of green open space in city parks consists of at least 85%
(eighty five percent) green cover and the remainder consists of environme
ntally friendly non-green cover.

(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;

b. as a place for the growth of various types of vegetation and biodiversity;


c. as a water absorption area;
d. as a microclimate controller;
e. as a place for community social activities;
f. has a service radius of 2,500 m (two thousand five hundred meters);
g. has a minimum area of 15,000 m2 (fifteen thousand square meters); And
h. the proportion of green open space in sub-district parks consists of at lea
st 80% (eighty percent) green cover and the remainder consists of environ
mentally friendly non-green cover.

(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;

b. as a place for the growth of various types of vegetation and biodiversity;


c. as a water absorption area;
d. as a microclimate controller;
e. as a place for community social activities;
f. has a service radius of 700 m (seven hundred meters);
g. has a minimum area of 5,000 m2 (five thousand square meters); And
h. the proportion of green open space in sub-district parks consists of at lea
st 70% (seventy percent) green cover and the remainder consists of envir
onmentally friendly non-green cove.

(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;

b. as a water absorption area;


c. as a microclimate controller;
d. as a place for community social activities;
e. has a service radius of 350 m (three hundred and fifty meters);
f. has a minimum area of 1,000 m2 (one thousand square meters); And
g. the proportion of green open space in RW parks consists of at least 60%
(sixty percent) green cover and the remainder consists of environmentally
friendly non-green cover.
(7) RT parks as intended in paragraph (1) letter f have criteria which include:
a. serving residents within 1 (one) RT, especially to serve social activities in
the RT environment;

b. as a water absorption area;


c. as a microclimate controller;
d. as a place for community social activities;
e. has a service radius of 100 m (one hundred meters);
f. has a minimum area of 250 m2 (two hundred and fifty square meters); A
nd
g. the proportion of green open spaces in RT parks consists of at least 50%
(fifty percent) green cover and the remainder consists of environmentally
friendly non-green cover.

(8) The cemetery as intended in paragraph (1) letter g has criteria which incl
ude:
a. as a burial place for corpses;

b. as a water absorption area;


c. as a microclimate controller;
d. as a place for limited social activities of the community;
e. has a service radius of 2,500 m (two thousand five hundred meters);
f. have a plot area of at least 1.2 m2 (one point two square meters) per capi
ta; And
g. the proportion of burials consists of at least 70% (seventy percent) green
cover and the rest in the form of environmentally friendly non-green
cover.
(9) The green lane as intended in paragraph (1) letter h has criteria which in
clude:
a. the path for placing plants and other landscape elements is located in th
e road space or in the road monitoring area;

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;

b. local protection areas/zones;


c. conservation area/zone;
d. customary forest areas/zones;
e. geological protected areas/zones;
f. cultural heritage areas/zones;
g. mangrove ecosystem area/zone;
h. production forest area/zone;
i. people's plantation areas/zones; and/or
j. agricultural area/zone;
(3) Areas/zones that provide protection to subordinate areas as intended in p
aragraph (2) letter a have criteria that include:
a. as protection and balance of the water system;
b. areas with high biodiversity, representing unspoiled ecosystems;

c. there are protected species in accordance with statutory provisions;

d. green cover is dominated by trees with varying stratification;

e. areas prone to natural disasters; and/or

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;

b. has a unique ecosystem and is a natural habitat that provides protectio


n for the development of plant and animal diversity;
c. natural conditions, both biota and physical conditions are still pristine a
nd not or have not been disturbed by humans;
d. has important historical, scientific and cultural values that need to be pr
otected for the purposes of preservation and utilization to advance nation
al culture;
e. have community unity with customary law and/or local wisdom, traditio
nal rights and customary institutions that are still valid; and/or
f. the proportion of green and non-green land cover in conservation areas/z
ones in accordance with statutory provisions.
(6) Customary forest areas/zones as intended in paragraph (2) letter d have c
riteria that include:
a. forests with conservation, protection and production functions;

b. in a state forest area or outside a state forest area;


c. there are customary areas in the form of forests managed by customary l
aw communities with clear boundaries for generations;
d. there are still activities to collect forest products by customary law comm
unities in the surrounding forest areas to fulfill their daily living needs;
e. have community unity with customary law and/or local wisdom, traditio
nal rights and customary institutions that are still valid; and/or

f. the proportion of green and non-green land cover in customary forest are
as/zones in accordance with statutory provisions.

(7) Geological protected areas/zones as intended in paragraph (2) letter e hav


e criteria which include:
a. has unique or distinctive and rare geological characteristics;

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. in the form of a cultural landscape created by humans with criteria in ac


cordance with statutory regulations;
c. shows the influence of past humans on large-scale spatial use processes
and evidence of the formation of cultural landscapes;
d. has submerged soil layers containing evidence of human activity or fossil
deposits; and/or
e. the proportion of green and non-green land cover in cultural heritage are
as/zones in accordance with statutory provisions.
(9) The mangrove ecosystem area/zone as intended in paragraph (2) letter g h
as criteria that include:
a. continuous/continuous corridor along the coast with border width in acc
ordance with statutory regulations;
b. is on a mud or sandy mud beach and experiences ebb and flow;
c. located on a slope in accordance with statutory regulations;
d. green cover is dominated by mangrove forest trees with diverse stratificat
ion; and/or
e. the proportion of green and non-green land cover in the mangrove ecosys
tem area/zone is in accordance with statutory provisions.
(10) Production forest areas/zones as intended in paragraph (2) letter h have c
riteria that include:
a. forest areas/zones that produce forest products;

b. has high vegetation diversity;


c. carried out using an agroforestry approach;
d. forests outside protected areas/zones, nature reserve forest areas/zones,
nature conservation forest areas/zones and hunting parks;
e. the proportion of green and non-green land cover in production forest are
as/zones in accordance with statutory provision.
(11) People's plantation areas/zones as intended in paragraph (2) letter i have
criteria which include:
a. green cover dominated by woody plants or other types;

b. is not a monoculture plantation and has a diversity of local vegetation wi


th complete 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 smallholder plantation
business activities; and/or
e. the proportion of green and non-green land cover in community plantatio
n areas/zones is in accordance with statutory provision.
(12) Agricultural areas/zones as intended in paragraph (2) letter j have criteria
which include:
a. has land suitability to be developed as an agricultural area;

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;

2) plots in trade and service areas/zones;

3) plots in office areas/zones;

4) plots in industrial areas/zones; and/or

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 according to IHBI calculations, as an effort to fulfill the Basic


Green Coefficient (KDH) provisions stipulated in the RTR;
c. use installations, utility systems, and/or special media according to buil
ding technical criteria; and/or
d. planting local vegetation that meets the technical criteria for green open
space landscapes in buildings that function as shade, sound absorbers,
odor filters, dust filters, and/or urban agriculture.
(3) space objects on plots as intended in paragraph (1) letter b have criteria wh
ich include:
a. in the form of porous land cover/pavement that can capture and/or abs
orb water;

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;

b. water availability provider;


c. has a retention function (holds and absorbs rainwater in an area);
d. has a detention function (temporarily storing rainwater in an area); and
/or
e. provider of groundwater storage space and flood water control.

CHAPTER III
PROVISIONS OF RTH
Article 8
(1) Provision of RTH includes:

a. Public RTH; And


b. Private RTH.
(2) The provision of public green open space as intended in paragraph (1) let
ter a is carried out by the district/city regional government and can be s
upported by the community or business entities.
(3) The provision of private green open space as intended in paragraph (1) let
ter b is carried out by the community or business entity.
(4) Provision of RTH as intended in paragraph (1) includes activities:
a. planning;
b. land supply;
c. designing; And
d. management..
(5) The provision of RTH as intended in paragraph (1) letter a must go throu
gh public consultation in the preparation of spatial planning plans.
(6) The provision of green open space as intended in paragraphs (2) and (3) c
an be given incentives or disincentives in an effort to create quality green
open space.
(7) Incentives or disincentives as intended in paragraph (6) 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 Communi
ty; And
d. Central Government and/or Regional Government to business enti
ties.
(8) The incentives or disincentives referred to in paragraph (7) are carried ou
t based on applicable laws and regulations and are further regulated in t
he Technical Instructions of this Ministerial Regulation.

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.

(2) RTH planning as intended in paragraph (1) includes at least:


a. identification of existing green open space;
b. identification of potential green open space;
c. identification of categories of city areas and urban areas in regency
areas;
d. identification of funding sources;
e. stakeholder identification; And
f. formulation of a plan to provide green open space based on IHBI.
(3) Provisions regarding green open space planning as intended in paragrap
h (1) are listed in Appendix II which is an inseparable part of this Ministe
rial Regulation.

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;

b. financing for green open space maintenance; And


c. monitoring and evaluation.
(3) Public RTH management as referred to in paragraph (2) is carried out by
the relevant regional government and can be supported by the communit
y or business entities.

(4) Management of Private RTH as referred to in paragraph (1) letter b is carr


ied out by the owner in accordance with his authority.

Article 12

Identification of existing green open space as intended in Article 9 paragraph


(2) letter a is carried out by inventorying primary data and secondary data.
Article 13

Identification of potential green open space as intended in Article 9 paragraph


(2) letter b is carried out by identifying the availability of land that can be used
as green open space by considering the stages:
a. land ownership and/or control status;

b. contents in the district/city RTRW and/or RDTR;


c. green open space typology;
d. field survey as verification of the identification results as intended in lette
rs a, b, and c; And
e. affordability, serviceability and spread of green open space.

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. identification of urban area categories in the district.

(2) Identification of city area categories as intended in paragraph (1) letter a i


s carried out with the following provisions:
a. city area categories are determined based on the proportion of existin
g green open space to the city area; And

b. provisions for the provision of green open space in city areas are deter
mined based on the city area category.

(3) Identification of urban area categories in regency areas as intended in pa


ragraph (1) letter b is carried out with the following provisions:

a. the urban area category is determined based on the proportion of the


existing green open space area to the urban area area; And
b. provisions for providing green open space in urban areas are determi
ned based on urban area categories.

(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

(1) Categories of urban areas in regency areas as intended in Article 14 para


graph (3) letter a include:
a. type I urban area (KP-I) with a percentage of existing green open spac
e < 30% (less than thirty percent); And

b. type II urban areas (KP-II) with a percentage of existing green open sp


ace ≥ 30% (more than or equal to thirty percent).

(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

d. improving the quality of green open space based on IHBI.

Article 17

Identification of funding sources as intended in Article 9 paragraph (2) letter d


based on funding sources from the government, the community, business entiti
es, and/or other legal funding sources in accordance with statutory provisions.

Article 18

(1) Identification of stakeholders as intended in Article 9 paragraph (2) letter e i


s carried out by the district/city Regional Government.
(2) The stakeholders as intended in paragraph (1) include:
a. regional apparatus organizations;

b. business entity; and/or


c. Public.

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;

b. space structure plan;


c. space pattern plan; And
d. provisions for utilization and provisions for controlling space utilization.

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

(1) Utilization of RTH includes:


a. Public Green Space;
b. Private RTH; And
c. Private green open space that is used by the public.
(2) The use of public green open space as intended in paragraph (1) letter a is c
arried out free of charge.
(3) Private RTH as referred to in paragraph (1) letter b is utilized by the owner i
n accordance with his authority.
(4) Private RTH that is used by the public as intended in paragraph (1) letter c
can be used free of charge.

Article 22

(1) Utilization of RTH based on RTH typology in the form of::


a. Utilization of green open space areas/zones;
b. Utilization of other areas/zones; And
c. Utilization of space objects to function as green open space.
(2) Provisions regarding the use of RTH based on the typology of RTH as intend
ed in paragraph (1) are listed in Appendix III which is an inseparable part of
this Ministerial Regulation.

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

(1) Recognition of joint green open space as intended in Article 15 paragraph


(5) and Article 24 paragraph (2) is a special cooperation carried out after
efforts to increase the quantity of green open space through land purcha
se/acquisition in the administrative area of the Regional Government con
cerned are not fulfilled.
(2) Recognition of joint RTH as intended in paragraph (1) is carried out by se
veral Regional Governments located in a functional area that has ecologic
al unity.
(3) Further provisions regarding the recognition of joint RTH in the provision
and utilization of RTH are further regulated in the technical instructions
of this Ministerial Regulation.

CHAPTER VI
CLOSING PROVISIONS

Article 26

At the time when this Ministerial Regulation comes into force:


1. Regulation of the Minister of Public Works Number 05/PRT/M/2008
concerning Guidelines for the Provision and Utilization of Green Open
Space in Urban Areas; And
2. Regulation of the Minister of Public Works Number 12/PRT/M/2009
concerning Guidelines for the Provision and Utilization of Non-Green
Open Space in City/Urban Areas,

repealed and declared ineffective.

Article 27

This Ministerial Regulation comes into force on the date of promulgation.

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 .........

MINISTER OF LAND AND SPATIAL PLANNING/ HEAD OF THE NATIONAL LAN


D AGENCY OF THE REPUBLIC OF INDONESIA,

signed.
SOFYAN A. DJALIL

Promulgated in Jakarta

on ............

DIRECTOR GENERAL

LEGISLATION MINISTRY OF LAW AND HUMAN RIGHTS

REPUBLIC OF INDONESIA,

signed.,

BULLETIN GAZETTE OF THE REPUBLIC OF INDONESIA OF ..... NUMBER ......

The copy corresponds to the original

Head of law firm,


………………….

NIP. …
MINISTER OF MINES AND ENERGY OF THE REPUBLIC OF INDONESIA

REGULATION OF THE MINISTER OF MINES AND ENERGY

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

MINISTER OF MINING AND ENERGY

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

In this Ministerial Regulation what is meant by :


1. Minister is the Minister responsible for the electricity sector;
2. Entrepreneurs are:
a. Electricity business authority holder;
b. Holders of electricity business permits for the public interest.
c. Those with SUTT and/or SUTET.
3. High voltage overhead lines (SUTT) are electric power lines that use bare wires
(conductors) in the air with voltages above 35 KV to 245 KV in accordance with
standards in the electricity sector;
4. Extra high voltage overhead lines (SUTET) are electric power lines that use bare wire
(conductors) in the air with a voltage above 245 KV in accordance with standards in the
electricity sector;
5. Planning is an activity of making a design in the form of a survey, soil investigation,
designing in a file a picture of the situation/topography, a longitudinal profile, a picture
of the position of supports and curves, a picture of supports, a picture of a series of
insulators, a picture of foundations, a picture of dampers, conductor separators,
number plates, danger signs, climbing deterrents, land used as a basis for carrying out
the construction and installation of SUTT or SUTET.
6. Construction and installation are all installation work implementation activities that are
based on planning as referred to in number 6 and installation activities of
auxiliary/temporary equipment such as templates, steggers/scaffolding for safety when
pulling the conducting wire;
7. Maintenance is all activities which include inspection, maintenance, repair and retest
work, so that the SUTT or SUTET is always in good and clean condition, its use is safe,
and disturbances and damage are easily identified, prevented or minimized;
8. Security means all activities, systems and equipment, to prevent danger to SUTT or
SUTET security, work safety and general safety, whether caused by the SUTT or SUTET
itself or by the environment;
9. Minimum clearance is the shortest distance between the SUTT or SUTET conductor and
the ground surface, objects and activities in the surroundings, which absolutely must
not be shorter than that which has been determined for the safety of humans and other
living creatures as well as the safety of SUTT or SUTET operations;
10. Free space is the space around the conductor formed by a minimum free distance along
the SUTT or SUTET, within which the space must be freed from objects and other
activities;
11. An open field or open area is a field where there are no buildings, trees and other
activities and/or there are buildings, trees and other activities whose height does not
exceed 3 (three) meters;
12. Areas with certain conditions are areas within the city or outside the city which are
permanently or temporarily used for public or special service facilities that require high
space and activities with a reach above the ground surface that is more than 3 (three)
meters high, such as areas housing, industrial areas/factories, shopping areas, markets,
bus terminals/public transport, offices, warehouses, trees, forests, plantations,
road/highway traffic, regular train tracks, electric train conductors, water traffic, other
installations such as iron bridges, supporting iron frames, low voltage overhead lines
(SUTR), SUTT, SUTET, telecommunication overhead lines, radio antennas, television
antennas;
13. Buildings are all types of buildings with a height of more than 3 (three meters);
14. A fire-resistant building is a permanent building whose roof and outer walls are made of
non-flammable materials;
15. Non-fireproof buildings are buildings whose roofs or outer walls are made of flammable
materials and all buildings that can cause large fires;
16. The ground surface is the highest surface of the land itself, the surface of railway tracks,
the surface of roads and the highest water level at the time of high tide or flood, which
is used as a benchmark for determining the minimum clearance;
17. Supports are poles, towers which are used to support conductors;
18. Support site land is a place for making support foundations and erecting supports;
19. A conductor is a choice of bare wire used to transmit electrical energy;
20. Plants are all types of trees that grow to a height of more than 3 (three) meters;
21. Route is the path traversed by SUTT or SUTET.
CHAPTER II
FREE SPACE

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

Construction And Installation

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

Compensation For Plant Land And Buildings

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

SECURITY AND MAINTENANCE

Part One

Security

Article 6

1. Warning and danger signs must be installed on each support.


2. For the purposes of security and preventing danger, every person, either alone or
together, is prohibited from :
a. Take, disturb, damage and dismantle parts of supports, warning and danger signs
and climbing deterrents installed to secure SUTT or SUTET;
b. Climbing supports, shooting, throwing, jutting and touching SUTT or SUTET in any
way;
c. Playing kites or the like in the area around the SUTT or SUTET route and playing
sports in and under free space which can cause the SUTT or SUTET to be disturbed;
d. Burn any object in or under the free space;
e. Holding performances, crowds and other activities that can enter the outdoor space
resulting in disruption of SUTT or SUTET;
f. Erect buildings or plant other plants whose parts enter the free space as intended in
figures 1 (one) to 19 (nineteen) in the attachment to this Ministerial Regulation;
g. Piling or filling the soil under the free space of the SUTT or SUTET which can result in
a change in the distance between the conductor wire and the ground.
3. Any excavation work around the border of the support site on flat land, sloped land or
steep land around or around the SUTT or SUTET support foundation must be notified to
the entrepreneur to carry out research first.
4. The results of the research in paragraph (3) can be used as consideration by the local
regional government to grant excavation permits if there are indications that the
excavation is disturbing security and endangering supports.
5. When constructing buildings or carrying out other activities, the following requirements
are required:
a. The distance between buildings around the SUTT or SUTET and the SUTT or SUTET
conductor must be greater than the Minimum Clearance according to table and
figures 1 (one) to 19 (nineteen) in the attachment to this Ministerial Regulation;
b. Construction of roads, construction of other airways, and carrying out other activities
under or parallel to SUTT or SUTET must pay attention to minimum clearances in
accordance with tables and figures a (one) to 19 (nineteen) in the attachment to this
Ministerial Regulation;
c. In the event that a conductor crosses a plane that passes through an adjacent SUTT
or SUTET support leg, the distance between the conductor and objects or buildings,
trees and the like that cross around the conductor must meet the minimum
clearance provisions as stated on panel and ganbar 1 (one) up to 19 (nineteen) in the
attachment to this Ministerial Regulation;
d. For protection against fire hazards, the minimum distance between the building and
the outermost projection of the conductor on a flat plane that passes through the
supporting legs is :
1) 20 meters for gas stations or gas tanks measured up to the protruding part
closest to the SUTT or SUTET;
2) 50 meters for fuel storage areas measured from the side of the tank closest to
the SUTT or SUTET.

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

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