Arrangement and Implementation of Pekanbaru City Spatial Control

Dio Praseto Budi

Postgraduate School of Universitas Airlangga, Faculty of Magister Science Law and Development, Surabaya, Indonesia

Keywords: Arrangement, Spatial, Planning.

Abstract: Spatial planning is an attempt to form a legal basis for the government, local government and society in

spatial planning. In Article 1 Sub-article 9 of Law Number 26 Year 2007 about city arrangement, spatial

planning determines that the state retains the spatial planning, the implementation and the authority of

which are carried out by the government and the local government with respect to all human rights. In

Article 1 Number 25, city area is an area with non-agricultural activities and with the classification of

surface function as urban area for residence, concentration of the distribution and the service of social

government and the economic activity of society. In the context of space, the city is a system that does not

stand alone. Internally, the city is an integral functional system of activities, externally influenced by the

environment of the city and this in general city can be said as a place with a denser population concentration

of the surrounding area. However in reality most plans do not work well. Tere are implementations of legal

arrangements for urban structuring that are not in accordance with the applicable law. In this case, the

control use of space in Article 1 Number 15 is the solution to the problems that arise in the city

arrangement, especially in the Pekanbaru city.

1 INTRODUCTION

The space of the territory of the Unitary State of the

Republic of Indonesia, whether as a container

comprising land, sea and air space, including space

in the earth, as well as resources, is a gift of God

Almighty to the Indonesian nation to be grateful,

sustainably managed for the greatest prosperity of

the people in accordance with the mandate contained

in Article 33 paragraph (3) of the 1945 Constitution

of the State of the Republic of Indonesia, as well as

the meaning contained in the philosophy and the

basis of the Pancasila state. In order to realize the

mandate of Article 33 Paragraph (3) of the 1945

Constitution of the State of the Republic of

Indonesia, the Space Spatial Law states that the state

organizes spatial arrangements, which the exercise

of its authority is exercised by the Government and

regional governments while respecting the rights

possessed by each person. In the context of space,

the city is a system that does not stand alone.

Internally, the city is a unified functional system in

it, while externally, the city is influenced by the

surrounding environment. Based on Article 1 point 9

of Law Number 26 Year 2007 on spatial planning, it

is stated that spatial arrangement is an effort to form

legal basis for government, local government, and

society in spatial planning. To create an open-ended

urban spatial plan is a form of planning that

determines the other parts to move spontaneously.

An environment that provides more various levels of

freedom and action will make greater community

engagement and opportunities for active adaptation -

creative and modified. Based on the description on

the background mentioned above, the writer can

draw the formulation of the problem as follows: 1).

How is the control mechanism of spatial city?, 2).

What is the inhibiting factor in the implementation

of urban spatial control ?, 3). What is the effort to

perform the implementation of urban spatial control

in accordance with Law Number 26 Year 2007?.

2 MANUSCRIPT PREPARATION

Spatial utilization control is done so that spatial

utilization can be run in accordance with spatial

plan. In relation to the planning at the district or city

level, Ibrahim (1991) mentioned that there are three

types of violations / changes to the spatial plan

document, namely:

Budi, D.

Arrangement and Implementation of Pekanbaru City Spatial Control.

DOI: 10.5220/0007551808050809

In Proceedings of the 2nd International Conference Postgraduate School (ICPS 2018), pages 805-809

ISBN: 978-989-758-348-3

805

a. Changes in function, i.e. changes that are not in

accordance with the function of land that has

been defined in the plan, namely the functions

specified in the Spatial Plan General.

b. Change of Allotment Block, i.e. utilization that is

not in accordance with the designation directives

that have been determined, namely the change of

Sien Basic Building (KDB), Building Floor

Coefficient (KLB) and Building Border Lines

(GSB) of each block specified in Detail Plan

Room.

c. Changes in Technical Requirements, i.e.

utilization in accordance with the function and

designation, but the technical requirements of the

building are not in accordance with the

provisions in the local building plans and

regulations, namely technical requirements set in

the site plan and the prints concerning the layout

and layout of buildings and environmental

facilities and public utilities.

In reality, most of the plans that are made cannot

be implemented properly, the most prominent reason

is the weakness of the legal power that supports

Spatial Planning.

2.1 City Spatial Control Mechanism

Spatial Use Control, according to Article 35, is done

through the establishment of zoning regulations,

licensing, incentives and disincentives, and the

imposition of sanctions.

2.1.1 Stipulation of Zoning Regulations

In Article 36, it is stated that Zoning Regulations are

prepared as guidelines to control the utilization of

space. Zoning regulations are structured according to

detailed spatial plans for each spatial use zone.

Zone sharing is for land use, roads, public

transport, recreation and conservation, expansion of

publications, utilities, railways, and airports,

government centers, schools and city rejuvenation.

The plan has two functions: determining urban

development standards, population density

standards, circulation system design and the number

and location of open space; and physical facilities

for business and housing activities. Zoning is a

legitimate rule for land use. Zoning distribution is

the application of order maintenance authority for

health protection, welfare and public safety.

2.1.2 Licensing

In Article 37, it is stated that the licensing provisions

are regulated by the government and regional

governments according to their respective authorities

in accordance with the provisions of laws and

regulations. Space utilization permits that are not in

accordance with the spatial plan of the territory shall

be canceled by the government and regional

governments according to their respective authorities

in accordance with the provisions of laws and

regulations.

Permit for utilization of space issued and / or

obtained by not going through the correct procedure,

null and void. Space utilization permits are obtained

through correct procedures but if subsequently

proven to be inconsistent with the spatial plan of the

territory, it shall be canceled by the government and

local governments in accordance with their

respective authorities. Further provisions concerning

the procedure for obtaining appropriate permits and

procedures for reimbursement as referred to in

paragraphs (4) and (5) shall be governed by

government regulations.

a. Enabling License Enforcement

If there are any irregularities in the monitoring

instrument, such License may be subjected to

administrative sanction under Article 63 of Law

Number 26 Year 2007 on Spatial Planning.

b. Measures for Regulating Licensing

The steps undertaken in the process of controlling

are:

1. Warning, what is done is the issuance of an

evaluation sheet containing the difference

between permit and realization, and also

notification of corrective actions that should be

done by the perpetrators of development.

2. Sanctions, in the form of additional charges

imposed within a certain periode until the

perpetrator of the development correct the

irregularities which have occurred.

3. Revocation of License and Legal Process, is

done through a series of previous warning

process. Revocation is done unilaterally, based

on licensing documents and

evaluation/supervision results. The appeals

process is possible for both parties. The

recommendations contained in this report will be

followed by the Head of Spatial Planning. These

recommendations can be further studies that

should be done by a larger team. The head of

ICPS 2018 - 2nd International Conference Postgraduate School

806

Spatial Planning will be the Chair of the

Advanced Evaluation Team.

2.1.3 Incentives and Disincentives

According to Article 38, in the implementation of

space utilization for spatial use in accordance with

the regional spatial planning may be given

incentives and / or disincentives by the government

and local government, in the form of:

a) Tax relief, compensation, cross subsidies,

remuneration, space lease, and stock reductions;

building and infrastructure procurement;

b) The ease of licensing procedures; and / or

c) Awarding the public, private and / or local

governments.

Disincentives are tools to prevent and limit

growth, or reduce activities that are not in line with

the spatial plan, in the form of:

a) High taxation adjusted to the amount of costs

required to overcome the impacts caused by the

utilization of space; and / or

b) Restrictions on the provision of infrastructure,

the imposition of compensation, and penalties.

Incentives and disincentives are given with

respect to the rights of the community. Incentives

and disincentives can be provided by:

a) Government to local government;

b) Local government to other regional

governments; and

c) Government to the public.

Provision of incentives is intended as an effort to

provide rewards for the implementation of activities

in line with the spatial plan, both by the community

and by the local government. The incentives, among

other things, may include tax relief, infrastructure

and infrastructure development, compensation, ease

of licensing procedures, and awards.

Disincentives are intended to prevent and limit

growth, or reduce activities that are inconsistent with

spatial plans, which may include high taxation,

restrictions on the provision of infrastructure and

facilities, and the imposition of compensation and

penalties.

2.1.4 Imposition of Sanctions

Article 39 states that the imposition of sanctions, as

referred to in Article 35, is an act of control which is

carried out on the utilization of space that is

inconsistent with the spatial plan and zoning

regulations. Furthermore, in Article 40, it is stated

that further provisions on the control of the

utilization of space shall be regulated by government

regulations. Article 63 states that administrative

sanctions consist of:

a) Written warning;

b) Temporary suspension of activities;

c) Termination of public services;

d) Location closure;

e) Revocation of permits;

f) Cancellation of permits;

g) Dismantling of buildings;

h) Recovery;

i) Recovery of space functions; and / or

j) Administrative fines

2.2 Factors Inhibiting the

Implementation of Urban Spatial

Control

Some of the inhibiting factors of coaching by the

City Spatial Office Pekanbaru are as follows;

2.2.1 Human resources

In the process of preparation RTRW Pekanbaru need

to pay attention to various potentials and specific

problems that exist, so that the Spatial Plan produced

accommodate the various problems of the city and at

the same time utilize the existing potential to the

maximum.

In this view, the RTRW is a heavy regional

spatial plan. The spatial law (HTR) is also regarded

here as an 'arbitrator' to ensure that all relevant

interests are accommodated in the space usage.

To regulate buildings that violate the rules or do

not have the IMB, the training by the spatial

planners obviously faces some obstacles, due to

limited staffs. Meanwhile, the building community

is sometimes not comperative or they are difficult to

find, which is often only in the field of workmen,

although the authorities have a hard time getting real

data. The inhibiting factors in providing guidance

through the Spatial Planning of Pekanbaru City are

the inadequate human resources who monitor and

supervise buildings which violate the rules of the

Pekanbaru City area; and the rapid development and

number of buildings compared to the officers that

supervise them are clearly inadequate, with a part of

Pekanbaru City. Therefore, the most important

inhibiting factor in performing guidance and

supervision on buildings that violate the rules is the

human resources that exist in the Pekanbaru City

Spatial Planning Office.

Arrangement and Implementation of Pekanbaru City Spatial Control

807

2.2.2 Efforts to Conduct Implementation of

Urban Spatial Control in accordance

with Law Number 26 Year 2007

Furthermore, the management of space usage is

charged with administrative sanctions and civil

sanctions, and if it is included as the criminal matter

then it is charged with criminal sanctions. Other

efforts that can be done with the role of the

community in urban space utilization activities are:

1. Submitting suggestions, suggestions or objections

to the government through mass media, professional

associations, NGOs, and formal institutions of

society.

2. Implement development according to the plan of

urban space utilization that has been set.

3. To actively participate in supervisory activities in

order to avoid the implementation of development

deviating from established procedures / criteria.

4. In preparing the Government Evaluation Team

will involve the community as team members, at

least from the reporting community.

3 TABLE OF CONSTRUCTION,

SUPERVISION, PURPOSE

The other table is about the awareness of factors

inhibiting the guidance and supervision. The

importance of building in accordance with

government regulations also does not escape from

the public awareness of Pekanbaru city, therefore we

can see the level of awareness of the community in

accordance with government regulations.

Table 1: Information about RTT (place of residence).

Year

Building

type

With

respondent

age

Without

respondent

age

2015

RTT

(Boarding

House)

223

RTT

(Enterprise)

RTT

(Store)

RTT

134

101

2016

RTT

(Boarding

House)

219

119

RTT

(Enterprise)

RTT

(Store)

RTT

274

187

2017

RTT

(Boarding

House)

245

131

RTT

(Enterprise)

RTT

(Store)

RTT

373

233

Score

1473

941

Data source: IMB 2015-2017

The table above illustrates two types buildings:

ones that violate the rules and others that do not

violate the rules, in which buildings that violate the

rules are 1473 temporary buildings, and buildings

that do not violate the rules are 941 buildings, which

indicate the level of awareness of the people of

Pekanaburu city on government regulations related

to the construction of buildings is low.

4 CONCLUSIONS

Whereas in this case, the conclusions are given to

provide supervision, control and regulate the

implementation of spatial arrangement of the city in

Pekanbaru.

1. Spatial utilization control is done so that spatial

utilization can be run in accordance with the

spatial plan. This regulation is the basis of the

changes provided by the City Spatial Office of

Pekanbaru in terms of arrangement and guidance

is done by the Office of Spatial City Pekanbaru,

as mentioned in Pekanbaru City Local

Regulation No. 7 of 2012 about Retribution

License to Establish Buildings, in relation with

the planning at district/city level. Therefore, with

the above violations, the first step is to review

the legislation detailing the officers’

responsibilities to the implementation and the

scope of work to be performed. Spatial Use

Control, according to Article 35, is the control of

spatial usage which is done through the

establishment of zoning regulations, licensing,

incentives and disincentives, and the imposition

of sanctions. If there are any irregularities in the

ICPS 2018 - 2nd International Conference Postgraduate School

808

monitoring instrument, such license may be

subjected to administrative sanction under

Article 63 of Law Number 26 Year 2007 on

Spatial Planning.

2. Inhibiting factors in providing guidance by

Spatial Planning of Pekanbaru City are the

inadequate human resources who conduct

supervision and guidance to the buildings that

violate the rules of Pekanbaru City area; and the

rapid logging and the number of buildings

compared to officers who conduct supervision

and guidance are clearly not adequate, with the

area of Pekanbaru City.

3. The control of Spatial Planning should conform

the provisions of the legislation, so there will be

space usage control which consists of reports of

changes, monitoring deviations of spatial

planning and evaluation of spatial plan. Further,

pengertiban penyfaatn space is done through the

imposition of administrative sanctions, civil

sanctions and if it involves in criminal domain

then it is charged with criminal sanctions.

In the conclusion of the three points above, there

is still a lot of urban spatial planning itself,

especially in the city of Pekanbaru, which has to be

solved because of the constantly changing policies,

and this is the obstacle for all sectors, both

institutions and monitoring and reporting systems,

also monitoring and evaluation of spatial planning in

the city of Pekanbaru.

REFERENCES

Abdul Wahab Solichin, 2008, Analisis Kebijaksanaan Dari

Formulasi Ke Implementasi Kebijaksanaan, Negara,

Jakarta: PT. Bumi Aksara

Arba, 2017, HUKUM TATA RUANG DAN GUNA

TANAH, “Prinsip-Prinsip Hukum Perancangan

Penataan Ruang dan Penataan Tanah”, Jakarta: Sinar

Grafika.

Budi Setiyono, 2012, Birokrasi dalam Perspektif Politik &

Administrasi, Bandung: Nuansa

Winarno Budi, 2007, Kebijakan Publik; Teori Dan Proses,

Bandung: PT. Buku Kita

Yunus Wahid, 2016, Pengantar Hukum Tata Ruang,

Jakarta: PRENADAMEDIA GROUP

GOVERNMENT REGULATIONS

1945 Constitution

Law Number 32 Year 2004 regarding Regional

Government

Law Number 28 Year 2002 about Building

Buildings

Regional Regulation of Pekanbaru City No. 7 of

2001 on the Amendment of Regional Regulation of

Pekanbaru City No. 4 of 2001 concerning the

establishment of organizational structure and

working procedures of the offices of Pekanabru

Municipal Government

Regional Regulation of Pekanbaru City No. 7 of

2012 on Retribution And Permit Establish Building

Law Number 26 Year 2007 About Spatial Planning.

Arrangement and Implementation of Pekanbaru City Spatial Control

809