New Regulation on Citizen Participation in Spatial Planning

Government Regulation No. 68 of 2010 on Forms and Procedures of Citizen Participation in Spatial Planning (‘Regulation’) was issued in order to further implement Article 65 (3) of Law No. 26 of 2007 on Spatial Planning. The citizen inclusion is considered to be one of the key elements in creating a spatial plan for a secure, desirable, productive and sustainable national spatial area.

Article 65 of Law No. 26 of 2007 provides for extensive citizen participation in spatial planning and implementation but only in a general manner, which consists of: 1) formulation of the spatial plan; 2) utilization of areas, and; 3) exercising control over the utilization of areas. Pursuant to Articles 6 through 9, the formulation phase input can take the form of: suggestions in preparing the spatial plan, identifying potential problems and potential areas of development, and/or setting the spatial plan. The utilization phase input can consist of: suggestions on the spatial plan policy and on potential improvements to the efficiency and effectiveness of spatial utilization. Finally, in the controlling phase, citizens can participate in: observing and controlling the implementation of the spatial plan, and in reporting to the authorized institution and/or officials in the event of land utilization that is inconsistent with the spatial plan.

Articles 10 through 14 set out the procedures, as well as the roles of citizen participants, in formulating, implementing and controlling the utilization of areas in accordance with the spatial plan. And outline how the citizen participants can directly communicate their input, in verbal and/or written form, to the minister/head of non-ministerial government institution related to spatial planning, governor, and regent/mayor. Further ministerial regulation will be issued to clarify the communication methods and procedures.

The central and regional government are obliged to provide the set out minimum standard of services in the implementation of the citizen participation in accordance with the prevailing laws and regulations. The obligations are, for instance, to provide public access to information regarding the allocation of areas under the spatial plan, to conduct publication of the spatial plans, and to facilitate the public in being able to communicate their suggestions or report any violations of the stipulated spatial plan. In order to facilitate this, the central and regional government will build a spatial planning implementation information and communication system that is accessible to public.

The Regulation repeals its predecessor, Government Regulation No. 69 of 1996 on the Implementation of Rights, Obligations, Forms, and Procedures of Citizen Participation in Spatial Planning.

For a brief overview of Law No. 26 of 2007 on Spatial Planning and its implementing regulations see ILD Number 150 5 April 2010.

The Regulation has been in force since 11 October 2010.