Govt. Revokes Guidelines for the Stipulation of Nuisance Permits

For the purpose of achieving a higher rank on the World Bank’s Ease of Doing Business list, the Ministry of Interior Affairs (“Ministry”) has issued Regulation No. 19 of 2017 (“Regulation 19/2017”),which revokes Ministry Regulation No. 27 of 2009 on Guidelines for the Stipulation of Regional Nuisance Permits (“Regulation 27/2009”) and Ministry Regulation No. 22 of 2016[1] on the Amendment to Regulation 27/2009 (“Regulation 22/2016”).[2]
 
Legal Frameworks for Nuisance Permits
 
Prior to its revocation, Regulation 27/2009 defined a nuisance permit (izin gangguan) as a permit that had to be secured by any party which was intending to organize an activity or event which could end up causing harm, loss or a disturbance in the location in which the activity or event was to have been held.[3]
 
Regulation 27/2009 then mandated that nuisance permits were to be regulated under regional regulations and therefore set out a number of guidelines relating to the formulation of said regional regulations. In general, any such regional regulation was required to at least address the matters listed under Article 2 (2) therein, including: criteria for nuisance, requirements and procedures for the securing of nuisance permits, as well as the collection of levy upon the granting of said permits.[4]
 
However, due to the recent revocation of the various guidelines which were originally set out under Regulation 27/2009 and Regulation 22/2016, the various regulations which relate to nuisance permits are now covered by the following legal frameworks: