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:
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