Conflict List
Licensing Regulations
In Jakarta

27.03.2017
TEXT & DATA BY JPI TEAM

Rules that
clash
12
Rules that
needs to be clarified

AT LEAST
AVAILABLE

25

Regulations governing
building permit process


MOST regulations that
problematic is at the level of
Governor of DKI Jakarta regulations


IMPACT ON


2012 2016

6.58% 6.17%

Contribution of real estate
on economic growth
DKI Jakarta

MAY BE A RISK
AT

2012 6.53%

2016 5.85%

Growth
DKI Jakarta economy


T here are problems with building licensing regulations that occur in DKI Jakarta will harm many parties. Industry players in the property sector will experience a slowdown in building construction, a slowdown in business licenses, and a decrease in income due to a decrease in building area. from the government side, in this case the One-Stop Investment and Integrated Services Agency (DPMPTSP) will also experience difficulties when executing a building permit. will also experience difficulties when executing a license. In addition, the community as consumers will also experience losses due to delays in enjoying the planned development. There are at least 25 rules governing building licensing in DKI Jakarta. Of the existing rules, there are unclear rules and some conflicting rules that cause uncertainty and legal vacuum. legal vacuum.


Mapping regulations regarding licensing
building licensing in Jakarta

The first way to see the problems of building licensing is through regulatory mapping. Problems that occur not only at one level of licensing, but also at different levels. The most problems are found at the level of the DKI Jakarta Governor Regulation.

Clash

Need to be clarified

Note Tap the colored box to view the details of the rule problem.

24 rules LAW PP Permen Perda Pergub Kepgub Insgub BPTSP Book
LAW
PP
Clash
Clash
Permen
Need to be clarified
Perda
Need to be clarified
Clash
Clash
Pergub
Need to be clarified
Kepgub
Insgub
Need to be clarified
Book BPTSP
SK
Clash
12


Problematic licensing regulations.

PP 15/2010 | Permen PU 26/2008 | Perda 1/2012 | Perda 1/2014 | Perda 1/2015 | Pergub 200/2015 | Pergub 209/2016 | Insgub 68/2015 | PTSP Guidebook | SK Damkar 23/2015 | Permen PUPR 25/2007 | Pergub 210/2016




The most problems were found at the level of
Governor Regulation

There are 12 problems related to building permit regulations in DKI Jakarta. In this diagram, problematic regulations are distinguished by color. Red color indicates conflicting regulations and gray color for regulations that need to be clarified.

Example of conflicting rules:
In problem number 1, where DKI Jakarta Regional Regulation No. 1 of 2014 conflicts with DKI Jakarta Governor Regulation No. 209 of 2016 regarding the definition of space utilization permits.

Examples of rules that need to be clarified:
In DKI Jakarta Regional Regulation No. 1 of 2015 which regulates the amendment of DKI Regional Regulation No. 3 of 2012 regarding Regional Retribution. Local Regulation No. 1 of 2015 removed the regulation on the formulation of sanctions to be given to building owners who conduct building construction before obtaining a Building Construction Permit, which was originally regulated in Local Regulation 3 of 2012.






Regulations in the building licensing stage

The second way to see licensing problems is from each stage of licensing. The stages of the building licensing process are divided into 3, namely the planning, implementation and supervision stages.

Conflicting

Need to be clarified

Note Press the colored box to see the details of the problematic rules.


Some Problems and Obstacles to be Faced at the Planning Stage

Pergub DKI No. 209 Year 2016

SP3L is removed but there is a location permit that is the same as SP3L

SIPPT is only valid for 3 years

Clash of regulations between PP No. 15 of 2010 , Perda 1 of 2012 and Pergub 209 of 2016 regarding the definition of space utilization permit

Clash of regulations between DKI Jakarta Regional Regulation No. 1 of 2014 and BPTSP's Technical Guidebook for Building Layout in City Planning Space Utilization regarding the minimum building height required to provide a refugee floor.

Pergub DKI No. 200 Year 2015
Has its own standards regarding:

  1. Minimum building height to provide a fire elevator

  2. Fire elevator

  3. Width of fire truck access lane

  4. Fire shaft (not in accordance with Permen PU 26 Year 2008)

Minister of Public Works Regulation No. 26 Year 2008
Inconsistency in regulations on the minimum height of buildings that are required to provide a fire elevator

  1. Consensus that dewatering is required but not all buildings have bunkers below the water table

  2. There is no regulation on dewatering permit as a condition of IP foundation

Flood peel recommendation is still required even though the besmen is not below the flood peil

Jakarta Governor Instruction No. 68 Year 2015

There is an obligation to provide gas pipeline utility facilities, but the provision of gas has not been evenly distributed throughout the Jakarta area

Some Problems and Constraints that will be Faced in the Implementation Phase

There must be an extension of the SIPPT even though the structure and designation of the building has not changed.

PUPR Regulation No. 25 Year 2007
Building installation check requires many recommendations from the Manpower Office

PUPR Regulation No. 25 Year 2007
Building installation check requires many recommendations from the Manpower Office

PUPR Regulation No. 25 of 2007
Building installation check requires many recommendations from the Manpower Office

PUPR Regulation No. 25 Year 2007
Building installation check requires many recommendations from the Manpower Office

PUPR Regulation No. 25 Year 2007
Building installation check requires many recommendations from the Manpower Office

PUPR Regulation No. 25 Year 2007
Building installation checks require many recommendations from the Manpower Office

Fire Safety Recommendations
1.Sometimes the first checking recommendation from related parties cannot be used to obtain SLF
2. In some cases, the recommendation is not given even though the building design has been approved during the TABG hearing. This happens because the building design does not comply with fire safety principles, and also the Fire Prevention and Mitigation Office refers to other regulations.

Pergub DKI No 210 Year 2016
Payment of compensation for KLB exceeding in the form of provision of fasos fasum faces many obstacles.

There will be a revision of DKI Governor Regulation No. 129/2012 regarding the validity period of the Preliminary SLF .

Some problems and obstacles that will be faced in the supervision stage

No problem in this stage


Building licensing stage

Problems with building permits can be seen through the detailed stages of obtaining permits. The planning stage will result in a Building Construction Permit (IMB) certificate, the implementation stage results in a Certificate of Good Function (SLF 1) and Building Use Permit (IPB), and the supervision stage results in an SLF extension.


Regulation About
Government Regulation No. 15 Year 2010 Implementation of Spatial Planning
DKI Regional Regulation No. 1 Year 2012 2030 Regional Spatial Plan
Pergub DKI No. 209 Year 2016 Licensing and Recommendations for Space Utilization
PP No. 15 Year 2010 article 163 Perda No 1 Year 2012 article 202 Pergub 209 Year 2016 article 6

Space utilization permits in the form of:
1. Principle permit
2. Location permit
3. Land utilization permit
4. Building construction permit
5. Other permits based on laws and regulations

To obtain a space utilization permit ,
must fulfill 4 conditions, namely:
1. Principle permit
2. Technical permit
3. Location permit
4. Supporting license
For space utilization , permits can be in the form of:
1. Location permit
2. Principle permit for space utilization
3. Space utilization activity permit
4. Space utilization permit
Regulation About
DKI Regional Regulation No. 1 Year 2014 Detailed Spatial Plan and Zoning Regulations and BPTSP Book
BPTSP Book Technical Guidelines for Building Layout in City Space Utilization
Refuge floor DKI Regional Regulation No. 1 Year 2014 BPTSP Book

1. Minimum building height that must provide a refuge floor

Above 24 floors (buildings with 24 floors are not required to provide refuge floor)

24 floors

2. Distance between refuge floors

-

20 floors

Regulation About
Pergub DKI No. 200 Year 2015 Technical Requirements for Fire Fighting Access
PermenPU No. 26 of 2008 Technical Requirements for Fire Protection Systems in Buildings and Environments
Subject Pergub DKI No 200 Year 2015 PermenPU No 26 of 2008
Minimum height of building to provide fire elevator Buildings above 20 m above ground level or besmen with a minimum depth of 10 m must provide fire safes equipped with fire lifts (Article 36) Above 25 m or above 5 floors (but the point of providing fire safes with a floor height of 20 m needs to provide a fire elevator)
Dimensions of fire lifts:
Depth ≥ 2,280mm
Width ≥ 1,600mm
Door height ≥ 2,100mm
Door width ≥ 1,300mm
- For all types of buildings - For class 9a buildings or hospitals
Width of fire truck entrance access lane - At least 4m of pavement
- For residential buildings with a height of more than 10m, an access lane with a minimum width of 6m must be provided.
- For residential buildings with a height of less than 10 m, it is not required to provide an entrance access lane in the form of pavement except for an access lane with a width of not less than 4 m.
- For buildings with a height of more than 10 m, the minimum access width is 4 m.
Provision of fire safes - The number of fire safes must be at least 2 in buildings with a floor area of 900m² or more.
- The additional number of safes is based on a hose reach of no more than 38m.
- The number of fire safes with a building area < 900m² is at least 1, 900-2000m² 2.
- For areas > 2000m², the additional number of safes is based on an increase in area every 1500m².
Regulation About
Pergub DKI No. 200 Year 2015 Technical Requirements for Fire Extinguisher Access
SK Kepala Dinas DKI No 23 Year 2015 Technical Requirements for Fire Protection Systems in Buildings and Environments
Jakarta Governor Regulation No. 200 Year 2015 Decree of the Head of Fire and Rescue Department of DKI No. 23 Year 2015
Fire department operational area of at least 6x15 m in the form of pavement - Fire fighting operational area of at least 10x18 m for buildings more than 20 floors
- Minimum fire fighting operational area of 6x15 m for buildings more than 8 floors

Lack of regulation on administrative sanction in DKI Perda No. 1 Year 2015 on Amendment of DKI Perda No. 3 Year 2012 on Regional Retribution

DKI Perda No. 3 Year 2012 Pergub DKI No. 200 Year 2015
The fine is determined based on the multiplication of work weight (Bbt) with the proportion of implementation (V), integrated index (It), retribution for building administration guidance (RPP) with the formula:

Fine = Bbt x V x It x RPP
The fine calculation formulation is deleted