Central Government Regulation Number 34 Year 2009
Concerning
Guidance on Urban Area Management
IN THE MERCY OF GREAT UNITY OF GOD
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Considering: in order to provide guidelines
for local government in developing
local regulations regarding provisions
referred to in Article 199
item (2), item (3),
item (4), item
(5), and item
(6) of the Law Number 32 Year 2004 concerning Local Government, it is necessary to stipulate Government Regulation concerning Guidance on
Urban Area Management;
In Viewing of: 1. Article 5 item (2)
of the Constitution of the Republic
Indonesia 1945;
2. Law No. 32 Year 2004 concerning
Local Government
(State Gazette Indonesia Year 2004 Number 125,
Supplement The Republic of Indonesia Number 4437) as
has been amended by
Law Law Number 12 Year 2008
concerning the Second to Law
No. 32 of 2004
on Local Government (State
Gazette of Republic of Indonesia Year
2008 Number 59, Supplement to
State Gazette of Republic of Indonesia Number
4844);
3. Law No. 26 Year 2007 concerning
Spatial Planning (State Gazette of the Republic of
Indonesia Year 2007 Number 68,
Supplement to State Gazette of Republic of Indonesia Number 4725);
HAS DECIDED:
Enacting: GOVERNMENT REGULATION CONCERNING
GUIDANCE ON URBAN AREA MANAGEMENT
CHAPTER I
GENERAL PROVISIONS
Article 1
Terms used in this Government Regulation has the following meaning:
1. Urban Area Management is a set of activities ranging from planning, implementation, and control in achieving goal to develop Urban Area in efficient and effective manners.
2. Area is any region that has the primary function protection or cultivation.
1. Urban Area Management is a set of activities ranging from planning, implementation, and control in achieving goal to develop Urban Area in efficient and effective manners.
2. Area is any region that has the primary function protection or cultivation.
3. Urban
Area is any region that has main function
as non-agricultural activities, with formation function as a place of urban settlements, concentration
and distribution of government services, social services, and economic
activities.
4. New Urban Area is any rural area planned to be developed into functioning urban area.
5. Planning is a process to determine appropriate future actions, by order of preference, taking into account available resources.
6. Urban Area Spatial Plan is the result of a process to determine the structure of space and spatial patterns which include the preparation and determination of spatial planning in the Urban Area.
4. New Urban Area is any rural area planned to be developed into functioning urban area.
5. Planning is a process to determine appropriate future actions, by order of preference, taking into account available resources.
6. Urban Area Spatial Plan is the result of a process to determine the structure of space and spatial patterns which include the preparation and determination of spatial planning in the Urban Area.
7. Control
is a set of management activities in relation to develop Urban Area, which is intended to
ensure that the program / activity development and Urban Area management implemented
accordance with issued plan as well as to realizing orderly spatial Urban Area.
8. Urban Area Management Board will hereinafter called Management Board is the institution formed by local regulation for optimizing the resources owned by business sectors and communities in developing area Urban.
9. New Urban Area Management Institute will hereinafter called Management Institute is an institute established by the regent (bupati) regulation to plan and implement of development New Urban Area.
10.Society is individual, group of people including tribal law communities, or legal entity residing in the Urban Area.
11. Minister means a minister who is responsible to take care governmental domestic affairs.
8. Urban Area Management Board will hereinafter called Management Board is the institution formed by local regulation for optimizing the resources owned by business sectors and communities in developing area Urban.
9. New Urban Area Management Institute will hereinafter called Management Institute is an institute established by the regent (bupati) regulation to plan and implement of development New Urban Area.
10.Society is individual, group of people including tribal law communities, or legal entity residing in the Urban Area.
11. Minister means a minister who is responsible to take care governmental domestic affairs.
CHAPTER II
FORMS OF URBAN AREAS
Article 2
An urban area may take form, such as:
a. city as an autonomous region;
b. part of the district which has
urban character;
c. part of two or more adjacent areas directly
and has urban character
Article 3
(1) The establishment of the city as referred to in Article 2 letter a is set by law.
(2) The
establishment of Urban Area as referred to in Article
2 paragraph b is set by district regulations.
(3) The
establishment of Urban Area as referred to in Article 2 letter c
is set by local regulation
of each
district.
Article 4
(1) Urban Area which is part of the two
or more areas
directly adjacent district (kabupaten)
in a specified province by:
a. deal with inter
local governments kabupaten level;
b. approval of the governor; and
c. approval of the Minister.
(2) Urban Area which is part of the two
or more areas directly adjacent district (kabupaten) Interprovincial determined
by:
a. deal with inter
local governments kabupaten level;
b. approval of the governor; and
c. approval of the minister.
Article 5
Local regulations referred to in Article 3 paragraph
(2) and paragraph
(3) shall contain at least the name, boundaries, broad,
function, and management
of the Area.
Article 6
Boundary, extent, and
the area function are determined by:
a. long-term regional development plan of the district;
b. district spatial plans;
c. result of the spatial needs
assessment for the development
of activities and urban services; and
d. the area boundaries using the village or other so called boundaries.
CHAPTER III
MANAGEMENT OF URBAN AREAS
MANAGEMENT OF URBAN AREAS
Part One
GENERAL
Article 7
(1) Urban Area which is an
autonomous region managed by the
city government.
(2) Urban Area which is part of
the area the district is managed by a local
government or
Institution established and responsible business
accountable to the government district.
(3) Urban Area which is part of the two
or more areas
immediately adjacent managed
linked together by
the district government and coordinated by the
provincial government.
Part Two
Management Institute
Article 8
(1) Management Institute referred to in
Article 7 paragraph (2) is set by local
regulation.
(2) institution have the
task of managing Urban
area and optimize
the role of the Community as well as private business entities.
(3) In the performance of duties referred to in paragraph (2) Management Institute has functions, such as:
a. seek and utilization of resources
from private enterprises and community;
b. pick community aspirations up and business
entities private enterprises within Urban Area, as well;
c. develop database of Urban
Area;
d. giving consideration to the regent
(bupati) in operational policy, policy implementation, and community empowerment;
and
e. formulate and provide recommendations on planning, implementation, and control development, as well as strategic issues on Urban Area.
Article 9
(1) Management Institution has member totaling at least
5 (five) persons
and totaling at
most seven (7)
people.
(2) Members of the institution
will consist of:
a. specialists / experts in the field of management of the urban; and / or
b. community elements as Urban Area observer.
(3) Membership of the Institute referred in
paragraph (2) does not use civil servants, members
of the Indonesian National Police / Army, and political party members.
(4) The term of members of
the Institute for 5 (five) years and
may be re-elected for one (1) period
tenure.
Article 10
(1) Management Institute
in the execution of its duties is
assisted by secretariat,
which is established by regent (bupati) of the urban area.
(2) The Secretariat
of Management Institute has function, such as:
a. to do secretarial administration of the Institute; and
b. to do financial administration of the Institute.
(3) The Secretariat headed by Secretary of the
Management Institute.
(4) Technically operational, the Secretary is subordinate and
accountable to Management Institute’s leader,
and administratively responsible to the secretary of local
government (kabupaten) through assistant in charge of economy and
development.
(5) organizational
structure and eselonering of
the secretariat are determined by the Minister with the approval of minister in charge of utilization of state apparatus affairs.
Article 11
Funding to Management Institute comes from
the State Revenue and Expenditure and other sources of funding
allowed by law.
Article 12
(1) The local government
carry out development and control the execution of tasks and functions
of Management Institution.
(2) In exercising control as referred to
in paragraph (1), Management
Institute submit quarterly
and annual reports
or other reports
to the regent (bupati).
Article 13
Efforts to make further provision regarding job description, work procedures, and the financial right of the institution are
regulated by the regent regulation.
Part Three
Joint Management
Article 14
(1)
Urban Area as defined in Article 7 paragraph (3) in terms of spatial planning
and the provision of
certain
public service facilities are managed jointly by related local governments
within the areas.
(2)
The provision of certain public service facilities referred to in paragraph (1)
includes public services facilities, which are local government affairs.
(3)
Selection of particular provision of public services facilities jointly managed
by the related local government shall consider the effectiveness, efficiency,
synergy, and mutual benefit.
(4)
Institutional format, arrangement, position, and main assignment on joint management
based on the laws and regulations.
Part Four
Urban Area Development Planning
Article 15
(1)
Urban Area development planning based on condition, potency, area
characteristics, and relationship with the surrounding area.
(2)
Relationship on Urban Area development as referred to in paragraph (1) shall
consider:
a.
integration of development among Urban Area Urban Area with others; and
b.
optimizing the role and function of each Urban Area.
Article 16
Substances
of Urban Area development plan are written in these document:
a.
long-term development plan for districts / municipalities;
b.
spatial planning of Urban Area;
c.
medium-term development plan for the district / municipality; and
d.
work plan of district / municipal development.
Article 17
(1)
Scope of Planning for Urban Area includes development, renovation,
construction, or coast or swamp reclamation, and / or changes in land use.
(2)
Plan as described in paragraph (1) based on the laws and regulations.
Part Five
Implementation of Urban Area Development Planning
Article 18
Urban
Area Developments are conducted by Government, provincial governments, and
district / city governments in Urban Area according to the affairs of the government’s
authorities.
Article 19
Urban area development controls are exercised over:
a. development plans; and
b. implementation of development plans.
Article 20
Controls
over development plans are carried out through monitoring and evaluation on planning
documents in accordance with the laws and regulations
Article 21
Controls
over the implementation of the development plans are treated through licensing,
supervision, and / or corrective action.
Article 22
(1)
Control of Urban Area which is part of a regency (kabupaten) conducted by the
regent.
(2)
Control of Urban Area which is part of two or more regencies conducted by the
governor.
(3) Control of Urban Area which is part of two or more regencies within interprovincial made by the Minister
CHAPTER IV
NEW URBAN AREAS
(2) The proposal referred to in paragraph (1) shall be submitted to the regent.
(3) The proposal referred to in paragraph (2) is equipped with:
a. the results of the feasibility study;
b. new urban development master plan; and
c. land acquisition plan.
(4) Regents review the proposed location of the filing of a New Urban Area plan based on the criteria referred to in Article 24.
(5) Establishment of locations for a New Urban Area must be approved by the governor.
(3) Regent regulation as referred to in paragraph (2) shall contain at least the composition, position, job description, work procedures, and funding for the Management Institute
(2) After the expiry of the period referred to in paragraph (1) Management Institute for Urban Area Development assigns management rights and its assets to regent.
(3) Further provisions concerning the Management Institute are set by Minister Regulation.
a. Provincial / District Budget of Income and Expenditure;
b. State Budget of Income and Expenditure; and / or
c. Other legal funding sources.
(3) Control of Urban Area which is part of two or more regencies within interprovincial made by the Minister
CHAPTER IV
NEW URBAN AREAS
Part One
DEVELOPMENT OF NEW URBAN AREAS
Article 23
(1) Proposed location of planned New Urban Area may be brought by private parties and / or elements of local government.
(1) Rural areas can be planned to be New Urban Areas.
(2) Planning of a New Urban Area is prioritized for:
a. provide residential space;
b. provide a new space for the needs of industry, commerce, and services;
c. provide space for government services; and / or
d. provide space for the development of a strategic activity centers, for national, provincial, and/ or district levels.
Article 24
Planned Rural areas as referred to in Article 23 paragraph (1) shall at least meet the following criteria:
a. in accordance with the long-term development plan district;
b. in accordance with the spatial plan of the district;
c. has a carrying capacity of the environment that allows for the development of urban functions;
d. not a technical irrigated areas and planned technical irrigation; and
e. not a protected area.
Article 25
(2) The proposal referred to in paragraph (1) shall be submitted to the regent.
(3) The proposal referred to in paragraph (2) is equipped with:
a. the results of the feasibility study;
b. new urban development master plan; and
c. land acquisition plan.
(4) Regents review the proposed location of the filing of a New Urban Area plan based on the criteria referred to in Article 24.
(5) Establishment of locations for a New Urban Area must be approved by the governor.
Part Two
MANAGEMENT INSTITUTE
Article 26
(2) Establishment of the Management Institute set by regent regulation.
(1) In the case of the New Urban Area development carried out by the local government, the local government may establish Management Institute, which has the tasks including: planning and implementation of development New Urban Area.
(3) Regent regulation as referred to in paragraph (2) shall contain at least the composition, position, job description, work procedures, and funding for the Management Institute
Article 27
(1) Management Institute referred to in Article 26 is formed for a period up to the completion of the construction of the New Urban Area.(2) After the expiry of the period referred to in paragraph (1) Management Institute for Urban Area Development assigns management rights and its assets to regent.
(3) Further provisions concerning the Management Institute are set by Minister Regulation.
Part Three
FUNDING
Article 28
Sources of funding for Management Institute of New Urban Development Area can be derived from:a. Provincial / District Budget of Income and Expenditure;
b. State Budget of Income and Expenditure; and / or
c. Other legal funding sources.
CHAPTER V
OTHER PROVISIONS
Article 29
Local Government engage with the communities in the planning, development implementation, and management of Urban Area, as efforts to empower communities.
Article 30
Provincial and local governments to establish identification of Urban Area in its territory not later than three (3) years after the promulgation of this Government Regulation.
CHAPTER VI
OTHER PROVISIONS
Article 31
This Government Regulation shall become effective as of the stipulation date.
For public cognizance, it is instructed to promulgate this Government Regulation by inserting the same in the State Gazette of the Republic of Indonesia.
Stipulated in: Jakarta
Dated April 22, 2009
PRESIDENT OF THE REPUBLIC OF INDONESIA
DR. H. SUSILO BAMBANG YUDHOYONO
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