Implementation of Permission Use of Space as an Instrument of

Controlling the Space Utilization of High Control Zone of East Java

Festiaty Karismandani, Suparto Wijoyo and Agus Sekarmadji

Magister sains of Law and Development, Universitas Airlangga

Keywords: Spatial Permission, Spatial Planning, East Java.

Abstract: Increased investment in East Java have boosted the intensification of utilization of space, to control the high

rate of space intensification of utilization by local government officials. Specifically, they put control to it

by using space Permit Spatial usage permit which further abbreviated as IPR is the permission required in

the use of space activities in accordance with the provisions of the legislation. IPR which become the

authority of East Java province is a Region of Space Utilization Permits of High Control Zone of a Regional

Scale. During IPR process in the beginning of 2010, both the process of issuing of the permit and post

publication of IPR, there are several obstacles that occur, among other administrative barriers or technical

constraints that cause IPR cannot published even revoked the validity period. This research was a form of

socio-legal research legal analyze of IPR implementation. Based on the results of the analysis existence of

synchronization rules in this National Spatial Plan, provinces and district / city, as well as the importance of

monitoring and evaluation of the institutional role of the IPR has been published in order to keep the

consistency with the physical condition of the field.

1. INTRODUCTION

Based on Indonesia regulation Number 23/2014 about

local governance, public works Affairs and Spatial

Planning is included in one of the Concurrent Affairs. The

Sub-Division of Spatial Planning is divided into the

Affairs of the Central Government, the province and

distric or city. It provides changes to the Division of the

authority conducting spatial and sectoral policy

implementation against implicates in the area.

Since the enactment of the Law of the Republic of

Indonesia Number about Spatial Planning, districs and

cities in East Java simultaneously carryout the mandate to

draw up the Urban Land Use Plan.

However, it has not been executed directly in term of

areal development. Development should be in accordance

with what had been planned on Urban Land Use Plan, but

many investors still do development in regions that do not

fit the allocation included in the province of East Java. As

an example the case of the construction of the warehouse

which is located in the village of Driyorejo Sub-district

Cangkir of Gresik district. The location of the

development happens to be (the furthest) 35m from

Brantas River bank. That case has been currently the

administrative sanctions Act has been made by the

Government of Gresik Distric.

Based on that, to control the high rate of

intensification of utilization of space of the Government of

East Java implement control efforts through the use of

space Permits the utilization of space. Permit use of space

which further abbreviated as IPR is the permission

required in the use of space activities in accordance with

the provisions of the legislation. The increasing of IPR

application have an impact on control activities of the use

of space is crucial, given the province of East Java have

been Region Regulation Numbe 5/2012 About Spatial

Land Use Plan of East Java province as well as the

Governor's Regulation Number 80 / 2014 About

utilization of space on High Control Zone of

Regional-scale Area in East Java province.

During the IPR process on the early f 2010, issuing

permit and posting publication has encountered several

problems. It is either practically about administrative

barrier or technical constraint resulting late

publication of IPR or even revoked validity period.

Table 1. The number of IPR and the IPR Application has

been published by Technical service unit Integrated

Licensing Services capital investment and Licensing of

Integrated Office of East Java Province

No.

Year

Application for

permission of use

of space

The publish

permissions

2010

Karismandani, F., Wijoyo, S. and Sekarmadji, A.

Implementation of Permission Use of Space as an Instrument of Controlling the Space Utilization of High Control Zone of East Java.

DOI: 10.5220/0007552808530858

In Proceedings of the 2nd International Conference Postgraduate School (ICPS 2018), pages 853-858

ISBN: 978-989-758-348-3

853

No.

Year

Application for

permission of use

of space

The publish

permissions

2011

2012

2013

2014

2015

2016

2017

Based on the table above, there is a gap between

the number of application for permission of use of

space and permits issued. The gap started in 2013 in

which IPR publication conducted by UPT P2T. It is

assisted by the team assisting the publication process

through coordination meetings in advance. Thus

there is some IPR application that was denied at the

time coordination meeting about Assisting Team

members due to not having alignment with Spatial

Plan. Meetings in the IPR recommendations Team

Assisting because of the constrained alignment with

the Spatial Plan.

Reflecting to that, there must be a

synchronization of Spatial Land Use Plan, between

national committee and cities/districts. It also

somehow demands consistency of sector policy,

ranging from the central government and local

government.

2 REVIEW OF LITERATURE

2.1 Previous Research

Shelly (2017) in her writings titled Controlling

utilization of space in the South Lampung District

explains about the mechanisms Permit utilization of

the space scale of the district. IPR that has district

impact got approval from the head of the district,

after obtaining input/recommendations from the

team of regional Spatial Coordination Board

districts. Further granting of permit utilization of

space done according to the procedures or

mechanisms is in accordance with the provisions of

the legislation. The permission procedure is the first

step to control the use of space. Other than that,

licensing performance on an area is crucial factor to

either attract or discourage investment. Conducting

an effective permission will facilitate the control and

the guidance of violation spatial plan. When the

permission mechanism is not organized properly, it

will be the space utilization of irregularities occurred

legally.

Yulinda Adharani, R. Adi Nurzaman (2017) in

their writings titled Permit Function in Spatial Use

Control in North Bandung Area found a Framework

Of Sustainable Development. From the results of

this research, it was concluded that most apartment

and hotel in the area of the North Bandung, have

permit but they do not have Government’s

recommendation. It should be a concern to the giver

of the permission as stated on the applicable

Regional Regulation of West Java Province number 2

/2016 about Guidelines for controlling the area of

the North Bandung. It is explained that Government

recommendation is needed as permission. This

becomes input for policy makers in the spatial

planning and environmental law since they need to

be cautious in issuing permit that deals with

sustainable development. The big step which should

be taken by the local authorities in make it happen is

to build awareness of the whole government staff,

especially stakeholders/decision makers. It is wise to

consider long term consequence of granting

permission to the environment, especially when the

proposed consent breaking the Spatial Plan of the

region.

2.2 Spatial Plan

Spatial Plan in gneral is a combination between the

natural formed and artificial creations land use,

either planned or unplanned. According to

Hermanis-lamet, that nature's creations are treated

by space, resources and as a locus of objects and

activities in advance of this earth

(hermanislamet,1989)

According to D.A. Tisnaadmidjaja, space is

defined as "a physical manifestation of the

geographical and geometrical dimensions which is a

container for human beings in carrying out activities

of his life in a decent quality of life." Spatial Plan is

the form of the structure of space and land use space.

The structure of the space is the order of settlement

centers and network infrastructure systems and

facilities that serve as supporting socio-economic

activities of the community that are hierarchical

functional relationship.

The goal is to create spatial plans is matching

between the various activities in the territories in

order to created a harmonious relationship and

harmonious, so will accelerate the process to achieve

the prosperity and provided the environmental

sustainability life (Tarigan, 2004).

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Based on law of the Republic of Indonesia

Number 26/2007, the efforts of the achievement of

the goals through the implementation of spatial

planning which include: spatial planning, spatial

Utilization and control of utilization of space.

2.3 Control of Utilization of Space

Control of the use of space is the final stage of the

implementation of the spatial planning, consists of

four (4) instruments of regulation; zoning, licensing,

incentives and disincentives, as well as sanctions.

Zoning regulations are drafted as guidelines for

controlling utilization of space. Zoning regulations

are drawn up on the basis of detailed spatial plan for

each zone the utilization of space.

Permissions are set by the Government and local

governments according to their respective authority

in accordance with the provisions of the legislation.

Permit use of space that is not in accordance with the

Spatial land use plan is canceled by the Government

and local governments according to their respective

authority in accordance with the provisions of the

legislation.

The space utilization permits issued and/or

obtained not through the correct procedure is

annulled by law. It is obtained through the correct

procedure but later proved to be incompatible with

the spatial plan of the region is cancelled by the

Government and local authorities in accordance with

those powers.

Against losses incurred due to the cancellation of

permits as requested above can be a viable

replacement to the instances of the giver of the

consent. Permits that are no longer appropriate due to

change of spatial plan area can be canceled by the

Government and local governments. Technically, it is

by providing decent damages as well as any

government officials who authorized the publishing

permission use of space. Thus, it is prohibited to

publish permission that is not in accordance with the

spatial plan.

In the implementation of the use of space in order

to make use of space in accordance with the plan of

spatial locality can be given incentives and/or

disincentives by the Government and local

authorities. The incentives referred to above, which is

a device or an effort to give the reward against the

implementation of the activities in line with the

spatial plans, such as tax relief, the granting of

compensation, cross-subsidies, in return, rental

space, and additional stock.

While the disincentive is the device for

preventing, limiting or reducing growth, activities not

in line with the spatial plans such as restrictions on

the provisionof infrastructure, the imposition of a

penalty, and compensation.

The imposition of sanctions is disciplining action

committed against the use of space that is not in

accordance with the spatial plans and zoning

regulations.

2.4 Permit Use of Space

Permit Use of Space is one of the instruments for

controlling use of space which aims to make use of

space run in accordance with the functions of the

space specified in the spatial plan which has been

agreed by the Government and the society. The

operational use of space policy is related to the

determination of the location, the quality of the

space and layout of the buildings in accordance with

the legislation, customary law and custom. It

technically was held by the Governor on the

provincial level and the mayor of districts/cities.

2.5 Utilization of Space on High

Control Zone of Regional Scale

Areas of East Java

According to governor regulation of East Java

Province the number 80/2014 About utilization of

space on High Control Zone of Regional-scale Area

in East Java province, High Control Zone is an area

that requires special surveillance and limited its

utility to maintain power support, preventing the

negative impact, and ensure a sustainable

development process.

2.6 The Guidance, Monitoring and

Evaluation

In carrying out the process of issuing of Space Use

Permit in order to be right on target is required the

existence of a guidance , monitoring and evaluation.

The Guidance of spatial planing is an attempt to

improve the use of space-related control of the use

of space on the tight control of the area.

Monitoring activities are conducted to monitor

the implementation of the use of space activities to

conform with the obligations of the holder of the

permit required in IPR document. Related to

monitoring activities, the holder of the IPR are

required to report data permissions required prior to

carrying out physical activities to service

administrator permissions.

Implementation of Permission Use of Space as an Instrument of Controlling the Space Utilization of High Control Zone of East Java

855

Evaluation activities conducted to assess the

implementation of the activities of the appropriate

allocation of the planned time and conditions of

minimal activities must be carried out in accordance

with a proposal for a provisional permit.

3 RESEARCH METHODS

Research methods used in this study was a research

method socio-legal which used normative approach

of the law and using field approach that is reviewing

the legal issues by conducting research the field.

Data collection was carried out by means of field

studies and library studies. The data obtained from

the library of the College Library in the field of

related, included on the agencies or research

institutions, and State institutions related to research

material. Collection of information was done using

the method of interview with speaker which is

stakeholder related Permission Use Of Space As An

Instrument Of Controlling The Space Utilization Of

High Control Zone Of East Java.

The interviews carried out with the use of

directional guidance interviews have been compiled

as his coaching. The truth of this research is

supported also by the author who is one of the

assisting team members provide recommendation for

IPR publication .

4 RESULT AND DISCUSSION

Permit use of space is closely associated with the

growth of investment in East Java. It is because

many of his investors who infuse capital in the

sectors of industry and warehousing through land

use. East Java province is the first rank.

In terms of ease of doing business (Ease of

Doing Business), according to Asia Competitive

Institute (ACI) – research conducted in April –

September 2017 Survey involving businessmen 925.

The ease of investment in East Java Province,

encouraging the government to increase economic

growth but with due attention to the availability of

space in accordance with its allocation. It should be

based on East Java Province spatial planning

mission ,to realize the ease for the development of

regional investment and enhancement of regional

cooperation.

Availability of investment space has been

arranged in Regional Regulation of East Java

Province number 5/2012 about Spatial Planning of

East Java Province Year 2011-2031 It is mentioned in

clause 3 (point e) that namely the function of Spatial

Planning of East Java Province one of them as a

guideline of location determination and space

functions for investment. In addition, the ease of

regional investment is also a spatial planning mission

in East Java

Licensing is one of the spatial control guidance

that has been arranged in RTRW planning documents

of East Java Province. The licensing regulated in the

RTRW of East Java Province is intended for

licensing related to space utilization permit.

According to the provisions of legislation, it must be

owned prior to the implementation of space

utilization. As for the utilization of space the license

is issued prior to the spatial plan determination and

can be proven that the permit obtained in accordance

with the correct procedure, given the appropriate

replacement to the permit holder

In Government Regulation number 26/2008

regarding RTRWN mentioned that the permit of

space utilization is given by authorized officer in

accordance with its authority. The granting of space

utilization permit is done according to the procedure

related to the provisions of the provisions of the

legislation. In addition, the granted of space

utilization permit with major and significant impacts

are coordinated by the Minister

Space utilization permits is granted to the

applicant taking into consideration the compatibility

with the Spatial Plan, compatibility with the Zoning

Regulation, compatibility with other technical field

regulations, and the feasibility of the design and

location of the land

4.1 Institutional License of Space

Utilization for Area of Strict

Control with Regional Scale of East

Java Province

The publication of IPR is through several stages of

the process and licensing procedures. Each licensing

process and procedure has been regulated and has

been set as operating procedures in the Office of UPT

P2T Investment Service and PSTSP of East Java

Province. In the process of issuing IPR, UPT P2T of

the Capital Investment Office and PSTSP East Java

Province assisted by the Assistance Team. In the

process of publishing IPR, UPT P2T of the Capital

Investment Office and PSTSP East Java Province is

assisted by the Assistance Team.

The Assistance Team is a team assigned to

provide recommendations and / or technical

considerations to the Governor on the application of

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space utilization in the Strict Control Area. The

recommendation is generally refer to the criteria

which support environmental carrying capacity,

prevent negative impacts, and ensure sustainable

development based on Spatial Plan and technical

provisions.

Based on Governor Regulation No. 80 of 2014 on

Spatial Use in Regional Strict Control Area Scale in

East Java Province, it describeds the stages of IPR

process and procedure submission. Starting from the

applicant to apply, through the administrative

process, followed by coordination meeting with the

Assistance Team which ended with the publication of

IPR.

4.1.1 Constraints in the Implementation of

Space Use Permit

Since the year 2010,, the implementation of IPR that

took place in East Java Province still has some

obstacles. The obstacles in the implementation of IPR

include administrative constraints to technical

constraints.

Based on the description of the licensing section

UPT P2T East Java province, constraints of the

administrative aspects often occur at the initial stage

of submission before entering the discussion phase by

the Assistance Team. In fulfillment of administrative

requirements some applicants still have to return

several times to UPT P2T to meet the administrative

requirements. The frequently missed administrative

requirements are Maps accompanied by geographical

coordinates and location photographs (hardcopy and

softcopy) and IPR presentation materials (hardcopy

and softcopy) for indirect permission types.

While the constraints of a technical point that is

related to a lack of understanding of society the

importance of spatial plans, making space is often

considered less important in investment activities. In

addition space is still hindering investment. Many

people still find use of space on the tight control area

has woken up but don't yet have the IPR. Lack of

understanding spatial related is related to the

importance of related mechanism of

incomprehension Permits the utilization of space.

Space Utilization Permit is a principle permit that

is often overlooked because it is considered not too

influential on the type of activity proposed

permission. Party of the district/city Licensing Office

is also still less understand related terms of Governor

Regulation No. 80 of 2014 on Spatial Use in Regional

Strict Control Area Scale in East Java Province. It

remains happen despite a few times of

socialization. This is because participants are present

in different socialization of local regency leader’s

regulation with officers who process the permission.

Besides, the problem of overlapping authority

becomes a different problem. It is related to the

existence of several districts and cities requiring IPR.

So the licensing officers in the Regency / City do not

lead to take care of IPR at the level of East Java

Province. This is what makes the number of buildings

that enter the criteria of strict regional control area of

East Java province does not have IPR.

Another constraint is that at the time of issuance

of IPR, the license holder is given 2 (two) years

period of monitoring and evaluation. Within that

period, the permit holder is expected to be able to

complete the activities in accordance with the time

allocation in the proposal for the permit application.

In fact, many permit holders have not been able to

complete their activities. Thus, they are given extra

time, in accordance with the provisions in Governor

Regulation No. 80 of 2014. Some permit holders do

not provide activity step reports and do not apply for

extension, then IPR has been either revoked or not

renewed.

Based on the interviews with the Head of Control

and Evaluation Section, Department of Housing,

Settlement and Cipta Karya of East Java Province, as

a member of the Assistance Team and Working

Group on the control of space utilization, the

constraints the constraints experienced by IPR

holders are to meet the 2 year period, in land tenure

and licensing fulfillment.

5 CONCLUSION

The License of Space of Strict Control in East Java

Province is one of the controlling instruments, and is

the implementation of Regional Regulation of East

Java Province number 5/2012 on Spatial Planning of

East Java Province as well as Governor Regulation

Number 80/2014 on Area Space Utilization Control

Strict Scale Regional of East Java Province.

Institution in the process of publishing IPR East

Java Province comes from the unit of regional

governmental staff unit who are in charge of spatial

arrangement and other technical service related to the

applicant activity.. Considering UPT P2T, the

Investment Service and PTSP East Java Province

only administrative, it is necessary to enter the

technical spatial so that the IPR issued does not

violate the applicable Regional Spatial Plan

In the implementation of IPR in East Java

province there are some obstacles, namely from the

aspect of administration to technical constraints. The

Implementation of Permission Use of Space as an Instrument of Controlling the Space Utilization of High Control Zone of East Java

857

obstacles are related to the lack of understanding

about the importance of spatial and overlapping

authority.

SUGGESTIONS

As an effort to minimize any obstacles in the

implementation of IPR, there needs to be periodical

guidance from the government of East Java Province

to government officials who handle licensing issues

in the Regency / City and investors related to the

importance of spatial planning.

Besides, the control team is necessary to

monitor and evaluate periodically to know the

condition in of the permit holders difficulties in

meeting the requirements of the licensing process

and mastery.

Aside from that, they are needed for special

attention to control of the team to carry out

monitoring and evaluation activities on buildings

around the High Control Zone that area which do not

have IPR yet. It is required the existence of a strict

penalty on parties that have been building around the

area of the High control zone but do not have IPR

yet.

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