The Committee II the House of Regional Representative (DPD) encourages the Ministry of Public Works (PU) in order to facilitate the preparation of local governments solving spatial plan (RTRW). Uncertainty and overlapping land policies caused most of the provinces have not completed RTRW.

Concluded a working session which was signed by Chairman of Committee II DPD Bambang Susilo (East Kalimantan) with the Minister of Public Works Djoko Kirmanto in the 3^rd floor of Parliament House DPD Complex, Senayan, Jakarta, Monday (8 / 2). Bambang was accompanied by vice-chairman, Djasarmen Purba (Riau Islands) and Mervin Sadipun Komber (West Papua). Meanwhile, Djoko was accompanied by Deputy Minister of Public Works Hermanto Dardak.

Committee II of the DPD said although there is RTRW which arrange the use of land (land use and spatial planning), it is not a secret that the spatial structure is always defeated “tatar uang”. Uncertainty and overlapping land use policies of agriculture / plantation, mining, and forestry caused almost all provinces have not completed RTRW yet. “As a result, the Government found difficulties in setting RTRW nationally” thus the question expressed by Committee II DPD to the Ministry of Public Works.

Several Committee II DPD members questioned the RTRW provinces, such as Instiawati Ayus (Riau) and Aryanthi Baramuli Putri (North Sulawesi). Bambang also said that provincial RTRW unresolved yet. Because RTRW unresolved, local government appears to be in difficulties to overcome the problems of unused land that is unproductive, unemployed, and displaced.

Minister of Public Works acknowledged inconsistencies between the regulations of land use in spatial plan with the facts generally occurred before the enactment of Law No. 26 of 2007 which replace Spatial Planning Law 24/1992. Law 24/1992 did not regulate the provision of sanctions against violations of spatial planning, so that the use of space that not in accordance with the spatial plan has not any legal consequence.

Meanwhile, Law 26/2007 has set up provisions for violations of criminal sanctions spatial planning, particularly the use of space that is incompatible with spatial planning, including for officials who issue licenses that are inconsistent with the spatial plan. Djoko hoped, “This provision is to stop the phenomenon of ‘spatial plan defeated by tatar uang’.” 

In addition, a high violation of spatial planning is also due to the lack of detailed plans that are needed in the operation of RTRW. With the scale of the larger maps, detailed plans should be more emphasized the limits of appropriations (land use) that allow the public and officials gave permission utilization of space.

 Djoko admitted, overlapping the current space utilization is very prominent, but generally not the new case. The existence of sanctions provisions in the Law 26/2007 has been aware of all the parties to rearrange the appropriations limit for so long that overlap in the revision process of regional spatial plans.

Antarpemangku dialogue process in the interests of spatial planning process has resulted in overlapping of exposed cases and draw attention to various parties. On the positive side, the increasing need to quickly resolve the overlapping problem space utilization.

To resolve these overlapping problems, some steps taken that the Government review overlap of legislation spatial planning; completion of the draft regulations (RPP) of spatial organization of the rules implementing the Law 26/2007; and map existing in the field through audit the use of space (stock taking) which expected result provides an illustration of the magnitude of the overlapping issues in each province as an input in the search for long-term solution of the most profitable of all parties.

Djoko added, revision RTRW (provincial, district / city) mandated by the Law 26/2007 so that RTRW in accordance with the new laws provisions. In the process, the revisions RTRW as momentum “rearrange” the boundaries of the land allotment. Rearrangement designated boundaries set forth in the draft document RTRW hit the limits of the forest area determined by the Minister of Forestry under the provisions of legislation.

“Almost all the proposed designs RTRW have proposed local government boundary changes of forest area boundaries to accommodate the dynamics of social activities, cultural, and economic planning are planned in the region. A proposed boundary change of forest area requires the process of establishing an agreement between local governments and forestry authorities, “said Djoko.

He describes, delay completion of the provincial RTRW generally caused by length of the boundaries agreement formation process between local governments and forestry authorities. In accordance with the provisions of legislation in the field of forestry, forest function changing through research by an integrated team which takes a long time. 

Overcome this problem, several steps the Government is setting guidelines for the preparations of regional spatial plans (provincial, district, city) through the Regulation of the Minister of Public Works (PU Ministerial Regulations) No. 15/KPTS/M/2009, PU Ministerial Regulations 16/KPTS/M/2009, and PU Ministerial Regulations 17/KPTS/M/2009; providing technical guidance and technical assistance to local governments in order to accelerate the RTRW design process.

Then, other steps, accelerating the review process of forest boundary proposed changes in the approval process of substance, among others, require local governments to include data and supporting information required in the review as set forth in the Director General regulation of Forest Planning P.01/VII-REN/2010 of the Compliance Documentation of Forestry and Mechanism for Integrated Studies of Forest Area Changes in Proposed Draft Regional Regulation on the Regional Spatial Plan.

On the utilization of unused land, the Government encourages its use in accordance with the appropriations set out in the spatial plan. The Government, through the Directorate General of Spatial Planning Ministry of Public Works, encourages spatial plan has five main program indicative annual appropriations in order to realize the direction contained in the spatial plan. Indication of the main program also includes the amount and sources of financing as well as institutions in charge.

Raker also concluded Committee II DPD supports the work plan of the Ministry of Public Works will be implemented in the region. The Committee II asked the Minister of Public Works emphasized the hall in the area to coordinate the planning and implementation of work programs with local governments.

The results of this session are used as inputs Committee II DPD in monitoring implementation of the law of public works infrastructure.

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