Spatial Planning Implementation

Although its 209 Articles address many different things, Government Regulation No. 15 of 2010 on Spatial Plan Implementation has one fundamental purpose: to integrate operations of state bodies around a shared understanding of the National Spatial Plan. In other words, at the practical level, to coordinate the issuance of permits for various types of land utilization across the country.

The Regulation responds to a recurring problem faced by mineral, coal, oil, gas, forestry, and other companies: uncoordinated, overlapping land classification due to different perceptions between the Ministry of Energy and Mineral Resources, Ministry of Forestry, central and regional governments, and others on the understanding of national spatial planning. Often enough, space utilization permits are issued by one state body at the dismay of another, giving rise to a host of problems for both companies and the state.

Importantly, Chapter IV addresses the methods in which the General Spatial Plan - including the National, Provincial, and Municipal-level Spatial Plans - will be formulated from the bottom up. From municipalities/regencies to the central government level, the regulation discusses how different state parties will coordinate their Spatial Plans at every level to form a singular, standardized Spatial Plan for the country. Much could be said of that process, but in short, it appears to be nebulous, dense, and vaguely-regulated. For example, many aspects of the process are characterized by discussions with communities, stakeholders, ministries, different levels of government, and others: at the practical level, it will be interesting to see whether these discussions result in anything more than arbitrary decisions, particularly in cases where there is a disagreement between different state parties.

At any rate, the National Spatial Plan - however it ends up being finalized - will be used as the basis for distribution of different sorts of space utilization permits. Different permits make different allowances: how much time is allowed for a certain activity, what activities are permitted, obligations befallen to permit-holders, and so on. Often, permits are granted incrementally. First, principal license and location permits will be issued, and after meeting certain requirements within a given time, other permits - land utilization permits, building construction permits, and so on - will be granted by the relevant state authority.

The numerous varieties of licenses related to spatial area utilization are listed in Article 163 of the regulation, although the relevant authority that issues each kind - and the requirements they oblige of applicants - is left to other regulations to articulate. Although this regulation does go so far as to (most critically) require coordination between all institutions that issue permits, so as to ensure that there is shared understanding between different state parties around what land is being utilized by who and for what purpose, the regulation fails to elaborate further how the coordination is meant to take place at a practical level.

Companies or parties that violate space utilization regulations will be subject to a series of sanctions, any combination of which could include: written warnings, an order temporarily stop activities in a given area, location closure, license revocation or annulment, building demolition, and others. The sanctions imposed will depend on the extent of public losses resultant from the violation.

Any permits issued on the basis of the previous spatial plans will continue to be valid, so long as they do not contradict this regulation, or contravene any subsequent spatial planning.

This regulation has been in force since 28 January 2010.