Aji Kadhasnah Putera

While Indonesia legal framework strictly mandates that cities dedicate at least 30% of their area to green open spaces, the reality on the ground tells a very different story. From the bustling streets of Jakarta to the urban centers of West Java, turning ambitious environmental laws into actual green landscapes remains one of the country’s most complex challenges.

Green Open Space

Part II: The Implementation and Actualization of the 30% Green Open Space Requirement in Indonesia

The first part of this article series examined the legal framework governing the provision of Green Open Space/Ruang Terbuka Hijau (“RTH”) in Indonesia. The discussion covered the definition and functions of RTH, the requirement under Law Number 26 of 2007 on Spatial Planning (Spatial Planning Law) that at least 30% of a city’s total area must be allocated as RTH, and the relationship between RTH and environmental protection law under Law Number 32 of 2009 on Environmental Protection and Management, as amended by Law Number 6 of 2023 (Environmental Law).

Part I also examined the main regulations governing RTH, including Government Regulation Number 21 of 2021 on the Implementation of Spatial Planning (GR 21/2021), Regional Spatial Plan (“RTRW”), Detailed Spatial Plan (“RDTR”), and Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Regulation Number 14 of 2022 on the Provision and Utilization of Green Open Space (ATR/BPN Reg. on the Provision and Utilization of RTH).

Read More: The Crucial Guide to Indonesia Spatial Planning and Green Open Space Law (First Part)

In addition, it briefly discussed several implementing regulations. For instance, Presidential Regulation No. 60 of 2020 on Spatial Plan for the Urban Area of Jakarta, Bogor, Depok, Tangerang, Bekasi, Puncak, and Cianjur (PR 60/2020), Governor Regulation of Special Capital Region of Jakarta No. 31 of 2022 on Detailed Spatial Plan for the Planning Area of the Special Capital Region of Jakarta Province (Jakarta Governor Reg. No. 31/2022), and Governor Regulation No. 9 of 2022 on Green Open Space (Jakarta Governor Reg. No. 9/2022”).

Having established that Indonesia possesses a relatively comprehensive legal framework requiring a minimum allocation of 30% RTH, including at least 20% public RTH and 10% private RTH, the key question is whether these legal requirements have been effectively implemented in practice. Accordingly, this second part of the article examines the implementation of RTH regulations in Indonesia, focusing on the allocation of responsibilities among governments, communities, and business actors, the mechanisms available to achieve RTH targets, and the actual level of compliance across various cities in Indonesia.

Green Open Space Law

Implementation of Green Open Space in Indonesia

Responsibility for the Provision of RTH

 

Communities, business actors, and the government all play an active role in the provision of green open space to maintain the balance of urban ecosystems and achieve sustainable development

The ATR/BPN Reg. on the Provision and Utilization of RTH classifies RTH into two categories, namely public RTH and private RTH.

Public RTH refers to RTH that is owned, managed, and/or acquired by a Regency/Municipal Government or the Special Capital Region Government through cooperation with the government and/or the community and is intended for public use. In contrast, private RTH refers to RTH owned by certain institutions or individuals, the use of which is limited to specific users.

This classification of RTH serves not only to distinguish the different types of RTH, but also to delineate the allocation of responsibilities for its provision. In principle, the provision of public RTH is the responsibility of regional governments, whereas private RTH is provided by communities and/or business actors through the utilization of land under their control.

Read More: Alteration of Spatial Zoning in DKI Jakarta

The regional governments responsible for the provision of public RTH include regency/municipal governments and the Special Capital Region Government. Furthermore, public RTH may be derived from assets under the control of the central government or provincial governments and may be established through public consultation conducted during the preparation of Spatial Plans (“RTR”). Conversely, communities may contribute to the provision of public RTH by allocating a portion of their land through agreements or cooperation arrangements with regional governments.

This allocation of responsibilities demonstrates that achieving the minimum requirement of allocating at least 30% of a city’s total area to RTH is not solely the responsibility of regional governments, but also requires the active participation of communities and the private sector. Accordingly, the provision of RTH constitutes a shared responsibility in supporting the realization of sustainable urban development.

The ATR/BPN Reg. on the Provision and Utilization of RTH classifies urban areas into cities that have not yet achieved the 30% RTH threshold (“WK-I”) and those that have met the requirement (“WK-II”).

Furthermore, the ATR/BPN Reg. on the Provision and Utilization of RTH provides that the fulfillment of RTH requirements in WK-I may be achieved through the following mechanisms:

  1. the purchase and/or relinquishment of land;

  2. management measures;

  3. land leasing;

  4. cooperation with communities; and/or the enhancement of the quantity and quality of RTH based on the Indonesian Green-Blue Index (“IHBI”).

Where efforts to fulfill the RTH requirement have been undertaken but the required RTH proportion for WK-I has not yet been achieved, regional governments may enter into cooperation arrangements for the provision of RTH as a further measure to increase the extent of RTH. In contrast, WK-II areas are required to maintain their existing RTH and enhance its quantity and quality based on IHBI.

This classification demonstrates that the regulatory framework is designed not only to establish the 30% target but also to provide pathways for regional governments to progressively achieve compliance.

Implementation of RTH Regulations in Indonesia

Actual Implementation of RTH Regulations in Indonesia

 

The existence of a comprehensive regulatory framework does not necessarily translate into effective implementation

Although the regulatory framework governing RTH is relatively comprehensive, the implementation of the obligation to provide RTH is still widely regarded as falling short of the 30% target mandated by prevailing laws and regulations. This section will further examine the administrative city of Jakarta as a specific case study and compare it with several examples of RTH provision in other cities across Indonesia.

The following are several examples of the implementation of the 30% RTH requirement in cities across Indonesia:

  • Jakarta
    Special Capital Region of Jakarta, on 24 April 2026, Deputy Governor Rano Karno stated that the capital’s RTH had reached 3,703.56 hectares, or 5.59% of its total area, representing an increase from 3,446 hectares (5.3%) in 2024. Despite this improvement, Jakarta’s RTH coverage of 5.59% remains significantly below the minimum 30% threshold required under Article 29 of the Spatial Planning Law. This condition highlights a substantial gap between the legal requirement and the implementation of spatial planning policies in practice. Nearly two decades after the enactment of the Spatial Planning Law, Indonesia’s capital has yet to achieve the mandated target.

    As discussed in Part I, the Provincial Government of Jakarta has adopted several legal instruments specifically regulating the provision and management of RTH, including PR 60/2020, Jakarta Governor Regulation No. 31/2022, and Jakarta Governor Regulation No. 9/2022. These regulations demonstrate that the obligation to provide RTH has been integrated into regional spatial planning and environmental management policies. Nevertheless, the existence of a relatively comprehensive regulatory framework does not necessarily mean that the RTH provision target has been achieved in practice.

  • Bandung
    According to the Green Open Space Division of the Bandung City Housing, Settlement Areas, Land, and Landscaping Agency (DPKP3), Bandung has approximately 1,700 hectares of RTH. Ideally, however, a city with a total area of 16,729.65 hectares should have at least 6,000 hectares of RTH. Data from the Environmental Impact Management Agency indicate that RTH in Bandung currently accounts for only 8.76% of the city’s total area.
  • Semarang
    The Semarang City Environmental Agency (DLH) has continued to strengthen its commitment to the provision of RTH. As of 2025, the proportion of public RTH in Semarang had reached 29.90%, bringing the city close to meeting the minimum target established under the prevailing regulatory framework.
  • Pangkal Pinang
    In 2022, Pangkal Pinang achieved a public RTH proportion of 21.22% within its urban area. The city had consistently exceeded the minimum 20% public RTH requirement between 2018 and 2022.

These figures demonstrate that the level of RTH compliance varies considerably across regions. Metropolitan cities such as Jakarta and Bandung remain significantly below the requirement that at least 30% of a city’s total area be allocated to RTH. In contrast, cities such as Semarang and Pangkal Pinang have shown stronger performance in the provision of public RTH. These disparities suggest that the effectiveness of RTH implementation is heavily influenced by factors such as the degree of urbanization, the availability of land, the fiscal capacity of regional governments, and the consistency of spatial planning policies within each region.

It should be noted that the data presented above are derived from various regional government sources, and accordingly, the methodologies used to calculate and classify RTH may differ from one region to another. Therefore, these figures are intended solely to illustrate the varying levels of RTH compliance and should not be regarded as a fully equivalent basis for comparison across regions.

Jakarta Green Open Space

Jakarta as an Example Demonstrating that a Comprehensive Regulatory Framework Does Not Guarantee the Fulfillment of the 30% Green Open Space Requirement

Jakarta provides an interesting example because it has one of the relatively comprehensive RTH regulatory frameworks in Indonesia. In particular, Jakarta Governor Reg. No. 9/2022 and Jakarta Governor Reg. No.  31/2022, the governance of RTH has been regulated in greater detail. For example, Jakarta Governor Reg. No. 9/2022 expressly defines and comprehensively regulates the RTH masterplan, whereas comparable regional regulations in other jurisdictions, such as Bandung, generally do not provide such detailed provisions. Despite this more comprehensive regulatory framework, Jakarta is still considered one of the lowest RTH areas compared to other large cities in Indonesia.

Furthermore, Jakarta’s current RTH coverage remains well below the statutory target of at least 20% public RTH and 10% private RTH, amounting to a total of 30% of the city’s area. A city may be considered better prepared to optimize the implementation of its policies if it already has an RDTR or zoning regulations. Jakarta, in particular, has already established such regulations.

As an example, PR No. 60/2020 integrates the provision of RTH into the spatial planning framework for the Jakarta, Bogor, Depok, Tangerang, Bekasi, Puncak, and Cianjur (“Jabodetabek-Punjur”) metropolitan area, while Jakarta Governor Reg. No. 31/2022 regulates the spatial structure and zoning provisions that serve as the basis for controlling spatial utilization. In addition, Jakarta Governor Reg. No. 9/2022 specifically regulates the management, strategic policies, and supervision of RTH in Jakarta. Nevertheless, data from 2026 indicates that Jakarta’s RTH area only accounts for 5.59% of the city’s total area.

Read More: Can the Space be Owned?

This condition demonstrates that the main challenges in providing RTH do not always arise from the absence of regulations, but rather from limited land availability, high levels of urbanization, and the complexity of controlling spatial utilization within metropolitan areas.

In addition to land constraints, the complexity of spatial utilization control also affects the effectiveness of RTH provision. The designation of an area as RTH in spatial planning documents does not automatically guarantee that the function of such area can be maintained in the long term. Therefore, achieving the 30% RTH target requires not only the establishment of regulations but also consistent implementation, effective supervision, and proper control over spatial utilization.

Accordingly, Jakarta’s experience demonstrates the existence of an implementation gap in the enforcement of RTH obligations in Indonesia. A comprehensive regulatory framework serves as an essential foundation for RTH provision; however, its effectiveness ultimately depends on the ability of local governments to translate legal provisions into concrete policies and practical actions.

Indonesia Spatial Planning Law

Conclusion

The discussion in Part II demonstrates that Indonesia has established a relatively comprehensive regulatory framework governing the obligation to provide a minimum of 30% RTH, namely 20% for public RTH and 10% for private RTH. The framework not only sets the RTH target but also regulates the allocation of responsibilities among governments, communities, and business actors, while providing mechanisms to assist regional governments in achieving such target.

Nevertheless, the existence of those regulations does not automatically guarantee the achievement of the RTH target in practice. The level of RTH fulfillment varies across Indonesian cities and is influenced by factors such as land availability, urbanization, regional government capacity, and the effectiveness of spatial utilization control.

Jakarta’s experience demonstrates an implementation gap between legal obligations and their practical implementation. Despite having various regulatory instruments governing the provision and management of RTH, Jakarta remains significantly below the 30% RTH target. This indicates that the main challenge in RTH provision does not merely concern the establishment of regulations, but also the effectiveness of policy implementation and spatial planning supervision.

Accordingly, achieving the 30% RTH target requires more than the existence of legal norms; it requires consistent implementation of spatial planning policies by regional governments. The gap between normative obligations and practical implementation raises further questions regarding the legal consequences of non-compliance with RTH obligations, which will be further examined in Part III of this article series.


Author

Aji Kadhasnah Putera

Aji joined Leks&Co as an Associate in 2026, having previously interned at the firm and later pursuing his master’s degree at Queen Mary University of London, United Kingdom, specializing in Commercial and Corporate Law. He began his career as a legal intern at PT Timah Tbk and expanded his experience in the United Kingdom as a Project Policies Analyst at qLegal. He has also previously worked at several law firms, contributing to general commercial and corporate matters, commercial dispute resolution, bankruptcy and restructuring, and legal due diligence.


Editor

Dr. Eddy Marek Leks

Dr Eddy Marek Leks, FCIArb, FSIArb, is the founder and managing partner of Leks&Co. He has obtained his doctorate degree in philosophy (Jurisprudence) and has been practising law for more than 20 years and is a registered arbitrator of  BANI Arbitration Centre, Singapore Institute of Arbitrators, and APIAC. Aside to his practice, the author and editor of several legal books. He led the contribution on the ICLG Construction and Engineering Law 2023 and ICLG International Arbitration 2024 as well as Construction Arbitration by Global Arbitration Review. He was requested as a legal expert on contract/commercial law and real estate law before the court.


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