New Law on Geospatial Information

The House of Representatives (DPR) have passed the Law on Geospatial Information (“Law”) in an effort to ensure that the country’s geospatial information is properly obtained in an orderly and accurate manner, so as to be able to manage natural resources and assist disaster mitigation within the territory of the Republic of Indonesia.

The Law defines Geospatial Information as data on geographical information, dimensions or size, and/or the characteristics of natural resources and/or man-made objects, which exist under, on, or above the land surface. With the data having been processed so that it can be used as a tool for policy formulation, decision-making, and/or activity implementation that are related to the terrestrial space.

Article 4 of the Law divides Geospatial Information into two (2) classifications, (i) Basic Geospatial Information (IGD) (Article 1 (5)), which is Geospatial Information that consists of objects that can be seen directly or measured from the physical appearance on the earth’s surface and which are unchangeable in the long run, and (ii) Thematic Geospatial Information (IGT) (Article 1 (6)), which is Geospatial Information that focuses on one or more specific themes and refers to the IGD. Pursuant to Article 22 IGD will be provided by the government by means of the Geospatial Information Body (Badan Informasi Geospasial)  (previously the role was performed by the National Survey and Mapping Body (Badan Koordinasi Survei dan Pemetaan Nasional)) and, pursuant to Article 23, IGT will be produced by government institutions, regional governments, and/or the public.

Another important matter governed by the Law relates to the rules on providing Geospatial Information. Under Article 25 these rules consists of several steps and/or activities, which are as follows: (a) collection of Geospatial Data; (b) processing of Geospatial Data and Geospatial Information; (c) storing and safekeeping of Geospatial Data and Geospatial Information; (d) dissemination of Geospatial Data and Geospatial Information; and (e) use of Geospatial Information.

Pursuant to Article 26 Geospatial Data collection is a process or method to obtain Geospatial Data (which consists of basic Geospatial Data and thematic Geospatial Data) by means of utilizing Geospatial Data instruments. Pursuant to Article 27 such Data collection activities involve (i) surveys by means measuring and/or recording equipment, which are performed on land, water, air, and/or space; (ii) census; and/or (iii) other methods in accordance with the development of science and technology.

Pursuant to Article 30 Geospatial Data and Geospatial Information processing is a process or method to process geospatial data and information, which is performed by using licensed and/or free and open software.

Pursuant to Article 37 Geospatial Data and Information storage and safekeeping is a method to store Geospatial Data and Geospatial Information in a secure location in order to ensure the availability of Geospatial Information. According to Article 38 (2) such storage and safekeeping of Data can be done by means of electronic or print media.

Pursuant to Article 41 Geospatial Data and Information dissemination is the activity of providing access, distribution, and exchanging of Geospatial Data and Geospatial Information, which can take the form of electronic and print media. According to article 45 the government will gradually set up and integrate a Geospatial Information network, which will spread Geospatial Information electronically. The local Geospatial Information network will be implemented by the local government and integrated with the central Geospatial Information network, which will be implemented by the Geospatial Information Body.

Pursuant to Article 47 the use of Geospatial Information is any activity that obtains direct or indirect benefits from that type of information. And, notably, according to Article 49 (2) geospatial information providers are obliged to disclose the quality of the provided Geospatial information, in the form of metadata and/or data history.

According to Article 55 private persons/or group of people who wish to provide Geospatial Information must be qualified by an authorized institution (which will be appointed by a further regulation). And according to Article 56 provision of Geospatial Information by business entities must comply with the administrative and technical requirements. Administrative requirements consist of a deed of establishment and a business license at the minimum. Technical requirements consist of (i) owning a classification and qualification certificate, issued by an independent institution accredited by the Geospatial Information Body, as a Geospatial Information service provider and (ii) having Geospatial Information Body certified professional(s) within the company.

The Law contains both administrative and criminal sanctions for breaches of its provisions.

In accordance with Law No. 10 of 2004 on the Formation of Government Regulations, the Law will come into force within 30 days of its passage (5/4) or when signed by the President, whichever is the earliest.