Introduction

Spatial planning is conducted to establish sustainable national space. One of the essential elements in the entire spatial planning system is spatial planning (alongside space utilization and space utilization control).

Within the framework of Indonesian socialism, Article 14 of Law No. 5 of 1960 on Basic Agrarian Principles Regulations (“Basic Agrarian Law”) mandates the government to carry out spatial planning by making a “general plan” that outlines the supply, allocation and utilization of space. In Law No. 26 of 2006 on Spatial Planning as amended by Law No. 6 of 2023 on Job Creation (“Spatial Planning Law”), that “general plan” is known as Spatial Plan. The Spatial Plan that has been determined serves as a basis and guidelines for space utilization.

The Spatial Planning consists of (i) Regional Spatial Plan (“RTRW”), which is the Spatial Planning for provincial and district/city areas as stipulated by a Regional Regulation (“Perda”) on RTRW and (ii) Spatial Detail Plan (“RDTR”), which is a detailed spatial plan for the district/city area as stipulated by a regional head regulation (“Perkada”) on RDTR (regent’s regulations or mayor’s regulations). The Spatial Planning Law strictly mandates that the determination of RTRW and RDTR requires prior Substantial Approval from the central government on the draft of Regional Regulation on RTRW and Regional Head Regulation on RDTR, which will be elaborated upon in the following sections of this article.

Discussion

Overview of Substantial Approval

Substantial Approval is approval granted by the Minister of Agrarian and Spatial Planning  Affairs (“Minister of ATR”). This approval validates that the content contained in the draft of Perda or Perkada RDTR has complied with the statutory regulations in the field of spatial planning, national policies, and spatial planning hierarchically.1

Sources  Draft of Omnibus Law Bill and its Impact on Spatial Planning Regulation

The Procedure for the Issuance of Substantial Approval

  1. The Issuance of Substantial Approval
    1. Submission of Application for Substantial Approval for Perda RTRW
      Substantial Approval for the draft of Perda RTRW is submitted to the Minister of ATR through the Director of Regional Spatial Planning and Space Utilization (“Director”) by attaching the following required documents:

      1. Academic paper of draft of Perda RTRW;
      2. Draft of Perda RTRW and its attachments;
      3. RTRW technical materials;
      4. Independent assesment table signed by the regional head;
      5. Minutes of the substantive agreement between the regional head and the regional house of representatives;
      6. Recommendations for the basic map by the Geospatial Information Agency (“GIA”);
      7. Validation of strategic environmental assessment documents;
      8. Statement of substance suitability;
      9. Minutes of discussions with the Provincial Regional Government (specifically for district/city RTRW);
      10. Technical material for coastal waters (specifically for Provincial RTRW);
      11. Technical approval from the Minister of Maritime and Fisheries Affairs (specifically for Provincial RTRW);
      12. Minutes of discussions on the integration of marine space into the Provincial RTRW (specifically for Provincial RTRW).
    2. Submission of Application for Substantial Approval for Perkada RDTR
      Substantial Approval for the draft of Perkada RDTR is submitted to the Minister of ATR through the Director by attaching the following required documents:

      1. Policy review of draft of Perkada RDTR;
      2. Draft of Perkada RDTR and its attachments;
      3. RDTR technical materials;
      4. Independent assesment table signed by the regional head;
      5. Recommendations for the basic map by the Geospatial Information Agency (“GIA”);
      6. Validation of strategic environmental assessment documents.
  1. The Issuance of Substantial Approval
    If the required documents are suitable, the Substantial Approval issuance process continues with intersectoral discussions regarding the draft of Perda RTRW or Perkada RDTR. Intersectoral discussions begin with a one-day meeting involving ministries/institutions, relevant regional governments, the regional house of representatives, and all stakeholders, including the community. This discussion aims to integrate sector programs/activities, national strategic activities, regional borders, and forest areas.2Meetings related to intersectoral discussions conclude with minutes of the intersectoral meeting, which then serve as a basis for enhancements and adjustments to the draft of Perda RTRW or Perkada RDTR. The regional government is required to complete these enhancements and adjustments within a maximum of 10 days from the meeting related to cross-sector discussions.
  1. The Issuance of Substantial Approval
    Substantial Approval will be issued when the proposed enhancements and adjustments to the Perda RTRW or Perkada RDTR specified in the minutes of the intersectoral meeting have been fulfilled.
Sources  Principles of Agrarian Law

Closing

Substantial Approval is an approval granted by the Minister of ATR as a preliminary requirement that must be obtained by regional governments to determine the draft of Perda RTRW or Perkada RDTR. Substantial Approval plays a role in ensuring that RTRW and RDTR are in line with and do not conflict with laws and regulations on spatial planning, national policies, and hierarchical Spatial Planning.

Avaya Ruzha Avicenna

Sources

  1. Article 1 Point 16 Minister of Agrarian and Spatial Planning Affairs Regulation No. 11 Tahun 2021 on the Procedure for Arrangement, Review, Revision and the Issuance of Substantial Approval (“MoA Regulation 11/2021”)
  2. Article 42 MoA Regulation 11/2021