Regulation of the Minster of Home Affairs No. 1/2007 on arrangement of green open spaces in the cities

2A ARRANGEMENT OF GREEN OPEN SPACES IN THE CITIES (Regulation of the Minister of Home Affairs No. 1/2007 dated January 11, 2007) WITH THE BLESSINGS OF THE ONEALMIGHTY GOD THE MINISTEROF HOMEAFFAIRS, Considering: a. that, development and growth of cities accompanied by rapid changes of function of land has caused environmental damages that may lessen supportiveness of land In supporting the lives of people in the cities so it is necessary to attempt to maintain and enhance quality of environment by making available sufficient green open spaces; b. that, based on the considerations as meant In para graph a, it is necessary to stipulate Regulation of the Minister of Home Affairs on Arrangement of Green open spaces in the Cities; In view of: 1. Law No. 5/1990 on Conservation of BiolOgical Natu ral Resources and their Ecosystem (Statute Book of 1990 No. 49, SupplcmcnttoStatute Book No. 3419); 2. Law No. 5/1992 on Cultural Preserve Articles (Stat ute Bookof1992 No. 27, Supplementto Statute Book No. 3470); 3. Law No. 24/1992 on Spatial Arrangement (Statute Book of 1992 No. 115, Supplement to Statute Book No. 3501); 4. Law No. 23/1997 on Environmental Treatment (Stat ute Bookof 1997 No. 68. Supplement to Statute Book No. 3699); 5. Law No. 41/1999 on Forestry ,Statute Book of 1999 No. 167, Supplement to Statute. Book No. 3888) as already amended by Law No. 19/2004 on Stipulation of Government Regulation in lieu of Law No. 41/1999 on Forestry to Become Law (Statute Book of 2004 No. 67, Supplement to Statute Book No. 4401); 6. Law No. 32/2004 on Reqional Administration (Stat ute Book of 2004 No. 125, Supplement to Statute Book No. 4437) as already amended by Law No. 8/ 2005 on Stipulation of Government Regulation in lieu of Law No. 3/2005 on Amendment to Law No. 32/ 2004 on Regional Administration to become Law (Statute Book of 2004 No. 108, Supplement to Stat ute Book No. 4548); 7. Government Regulation No. 69/199.6on Performance of Rights and Obligations and Form and Procedure of Participation of Society in Spatial Arrangement (Statute Book of 1996 No. 104, Supplement to Stat ut.. Book No. 3660); 8. Government Regulation No. 47/1997 on National Spatial Arrangement Plan (Statute Book of 1997 No, 96, Supplement to Statute Book No. 3721); 9. Government Regulation No. 63/2002 on City Forest (Statute Book of 2002 No. 119, Supplement to Stat ute Book No. 4242); 10.Government Regulation No. 79/2005 on Guidelines to Development and superviaon of Operation of Regional Administration (Statute Book of 2005 No. 165, Supplement to Statute Book No. 4593); l1.Presidential Decree No. 32/1990 on Management of Protected Areas: 12.Regulation of the Minister of Home Affairs No. 2/ 1987 on Guidelines to Arrangement of City Plan; 13.Regulation of the Minister of Home Affairs No. 4/ 1996 on GUidelines to Change of Utilization of Land in the Cities; 14.Decree of the Minister ofHome Affairs No. 147/2004 on Guidelines to Coordination for Regional Special Arrangement; BusinessNews 7527-7528/6-27-2007 DECIDES • I ••• DECIDES: To stipulate: REGULATION OFrHE MINISTER OFHOME AFFAIRS ON ARRANGEMENT OF GREEN OPEN SPACES IN THE CITIES. CHAPTER I GENERAL P~OVISIONS Article 1 In this Regulation: 1. Open.Space.refers.to spaces in the cttles or in larger areas, whether. in form of areas or in form of areas that stretch along/lanes which are open and are basically without buildings. 2. Green Open Space in the City, which is hereinafter celled RTHKP, refers to port of open space in a city grown by plants to support ecological, social, cultural, economic benefits, and for esthetics. 3. City Area refers to an area where the main activity is non-aqrlcultural with structure of function as resi dential area,centre and distribution of government services, social services, and economic activities. 4;. Arrangement of RTHKP refers to processes of plan ning, Utilization, and control of ~THKP. 5.Vegetation refers to all plants that cover land $urfece. 6. SpecificPlant of Region refers to types of plants that specifically grow and become identity of a region. 7. Active Recreation refers to a hobby dominated by physical activities and direct parnctpanon in the activities, such as sports and other games that require physical movements. 8. Passive Recreation refers to a hobby which is more oriented toward calmness and relaxation for mental and emotional stimulation, and not dominated by physical movement or direct'participation in games or sports. Business News 7527-752B/6-27-2007 3A 9. Ecosystem Function is process, transfer, and distri bution of energy and material among components of ecosystem (communities of plants, animals,and other organisms) and functional interaction among them and, with the environment, whether in form of land ecosystem, water ecosystem, transitory ecosystem, or natural and artificial ecosystem. lO.Germ Plasma refers to substance contained in living creatures, and is the source of gcnerativc characteristics that could be benefited and deve loped to create types of plants or animalsand micro organisms. 1l.Micro Climate refers to the existence of the local ecosystem that affects local humidity and rainfall so temperature becomes controllable, including sun radiation and wind speed. 12.Bio-geography refers to a condition of layer of earth surface or relief of earth surface In form of material characteristics of earth surface, whether rocks/land or its structured, geomorphic processes and spatial arranoements and the living aspects inside. 3.Structure of City Space refers to structures of residential centres of system of network of infrastruc ture and facilities in the Cities to support social economic activities of the SOCiety, which hierarchi cally has functional relationship. 14.Ecology refers to reciprocal relationship between group of organisms and its environment. lS.Coast/River Line refers to a certain area along the coast or on the left right side of the river that has important benefit to maintain conservation of func tions of coast/river. 16.RoadMedianrefers to a spaceprovided on the middle part of the road to divide road by direction In order to protect free space beside the traffic lane. 17.Pedestrian refers to an area intended for pedes trians. 18. Local 18.Local Tradition refers to traditional intelligence, creativity, innovation, and knowledge of the local community in form of ecological characteristics in treating and conserving ecosystem/resources of the surrounding natural environment or in form of social characteristics in form of social arrangement that creates harmonious and dynamic lives of the society that has been handed down from generations and has shown benefits acceptable by tne society in building civilization. 19.Public RTHKP refers to RTHKP where the procure mentand maintenance thereof are the responsibility of the Regental/Municipal Government. 20.Private RTHKP refers to RTHKP where the procure ment and maintenance thereof are the responsibility of private party/institution, individual person, and society, controlled by license for utilization of space issued by Regental/Municipal Government, and by Provincial Government for DKI Jakarta Province. 21.Incentive refers to reward given to government institutions, social organizations, non-governmental institutions, private parties/institutions, or individual persons for successtul achievement In arrangement of RTHKP. CHAPTER II PURPOSES, FUNCTIONS, ANDBENEFITS Article 2 Purposes of arrangement of RTHKP: a. To maintain harmony and balance of ecosystem in the Cities; b. To create balance between natural environment and artificial environment in the cities; and c. To lmprovequallty of pnvironment in the cities to be in healthy, beautiful, clean, and comfortable condi tion. Article 3 Functions of RTHKP: a. Protecting existence of protected areas in the cities; Business News 7527-7528/6-27-2007 4A b. Controlling pollution and damages of soil, water, and air; c. Place of protection of germ plasma and biological resources: d. Controlling water arrangement; and e. Esthetic aspects of the cities. Article 4 Benefits of RTHKP; a. As a means to reflect regional identity; b. As a means of research, education, and elucidation; c. As a means for active and passive recreations and social interactions; d. To improve economic value of land in the cities; e. To develop price and to Improve regional prestige; f. As a means of social activities fo~ children, teenagers, adults, and old people; g. As a space of evacuation in emergency situations; h. To improve micro climate; and l, To increase oxygen reserve in the cities. CHAPTER III ESTABLISHMENT AND TYPE OFRTHKP Article 5 (l)Establishment of RTHKP is adapted to landscape based on bio-geographical aspect and structure of spaces in the cities and for esthetics. (2)Establishmerit of RTHKP as meant in paragraph (1) reflects local natural and/or cultural characteristics that have ecological, historical, panoramic values which are specific with level of technology applica tion. Article 6 RTHKP comprises of: a. City garden; b. Natural tourist garden; c. Recreation garden; d. Garden in housing and residential areas; e. Garden in office and commercial building areas; f. Botanical forest garden; g. City forest; h. Protected forest; i. Landscape . i. Landscapeareas such as mountains, hills, mountain slopes, and valleys; [, Natural preserve; k, Botanical garden; I. ZOOs: m Public cemetery; n. S~orl" fielll; o, Areas for holding ceremonies; p, Open parking space; q. Agrlculturill areas in t~ r. Areas under high voltage (SUTT and SUTET); s, Areas along the river, coast, building, lakes, and swamps; t. Road protecting lane, road median, railway tracks, Or:lS pipe~, and rprlp~tr;r1n IAnp!i; u. Green areas and lanes; v. Buffer zones in airports; and w. Roof garden. CHAPTER IV ARRANGEMENT OF RTHKP Part One Arrangement Article 7 Arrangement of RTHKP includes planning, utilization, and control of RTHKP. Part Two Planning Article 8 (l)RTHKP is part inseparable from provincial and regental/municipal spatial arrangement plan. (2)RTHKP is contained In Detailed Spatial Arrangement Planof City Areas based on a scale of et least 1:5000. Article 9 (1)Ideal size of RT1-fKP is at least 20% of total size of the city. (2)The size of RTHKPas meant in paragraph (1) com prises of public and private RTHKP. (3)The size ofPublic RTHKP as meant In paragraph (1) the procurement of which is the responsibility of the Business News 7527-7528/6-27-2007 5A regental/municipal government carried out qraduallv in accordance with capability of each region. (4)Privato; RTHKP as meant in paragraph (2) the pro curement of which is the responsibility of private party/institution, person, and socletv controlled by license for utilization of spaces. issued by Regental! MunicipalGovernment, and by ProvincialGovernment for DKl Jakarta Province. Article 10 (l)planning of development of RTHKP as meant in Article 9 paragraphs (3) and (4) involves develop ment operators. (2)planning of development of RTHKP includes type, location, size, target of achievement of size, finances needed, target of time of operation, and technical design. Article 11 (1) Planning of development of RTHKP as meant in Article 10 is further described in plan of develop ment of RTHKP and stipulated by Regental/Munici pal Regulation, and by Provmctal Regulation for DK! Jakarta Province, and by Qanun Aceh for Aceh Administration, and by Regental/Municipal Qanun for Aceh Reaencv/Municioalitv. (2)Planning of development of RTHKP as meant in para graph (1) is contained in Long-Term Regional DevelOpment Plan (RPDPD), Medium-Term Regional Development Plan (RPJMD), and Regional Govern ment Operational Plan (RKPD). Part Three Utilization Article 12 (1) Utilization of RTHKP comprises of new development activities, maintenance, and protection of green open spaces. (2)Utlllzation of public RTHKP Is managed by Regional Government With the involvement of development operators. (3) The ... ,. (3)The function of public RTHKP may not be changed. (4)Utilization of Public RTHKP as meant in paragraph (J) can be cooperated with third party or between reqlonal oovernrnents. (5) Utilization of private RTHKP is managed by indivIdual person or corporate body/institution in accordance with the laws. (6)Utiiization of RTHKP is enhanced by introducing local tradition in arrangement of spaces and construction of garden that reflects local culture. Article 13 (1) Utilization of RTHKP as meant in Article 12 paragraphs (2) and (5) Is developed by planting kinds of vegeta tion adapted to the ecosystem and specific plants of the region. (2)Vegetation as meant in paragraph-ell is adapted to form and characteristic and purposes, namely: a. Botanical, which is a mixture of small-sized trees, medium-sized trees, large-sized trees, half-tree clumps, clumps, bushes, and plants that cover soil/land surface; b. Architectural, which is heterogeneity of forms of round branches,spreading branches, triangle-form branches, column-form 'branches, pillar-form branches, umbrella-form and twisting branches, and branches havlnq exotic value based on color of flowers, color of leaves, fruits, stem texture, branch structure; and C. Plants that are developed and do not harm human beings and in accordance with esthetic values. Part Four Control Article 14 (l)Scope of control of RTHKP: a. Target of achievement of minimum size; b. Function and benefit; c. Size and locanon: and 6A d. 5uitability of specification of construction to technical design. (2) Control of RTHKP as meant in paragraph (1) is carried out by licensing, monitoring, reporting, and publishing. (3)Tree cutting in publit RTHKP area is strictly restricted and must be with license of the Regional Head. CHAPTER V PARTICIPATION OF SOCIETY Article 15 (I)Arrangement of RTHKP involves participation of society, private, corporate body/institution, and/or individual person. (2)participation of society as meant in paragraph (1) begins from development of vision and mission, plan ning, utilization, and control. (3)Participation of society as meant in paragraph (1) may be done in process at making at dectsion regarding arrangement of RTHKP, partnership in management, contribution of opinion, financing, or manpower for operation of work. CHAPTER VI REPORTING Article 16 (1)The Regent/Mayor reports arrangement ot IUHKI-' to the Governor at least once in a year and any time if necessary. (2)The Governor reports the arrangement of RTHKP as meant in paraqraph (1) to the Minister of Home Affairs at least once in a year and any time if neces sary. CHAPTER VII DEVELOPMENT AND SUPER\f.rSION Article 17 (I)The Regent/Mayor performs development and supervision of arrangement of RTHKf'. Business News 7527-7528/6-27-2007 (2) The •• , • I 7A (7)Thp Gnvprnnr mnrninatp< dpvelormpnt and ~"Dervi~ion of arrangement of Regental/Municipal RTHKP. (3)The Governor of DKI Jakarta performs development and supervision of arrangement of .RTHKP. Article 18 The Minister of Home Affairs coordinates development and supervision of arrangement of RTHKP nationally. Article 19 (lHhe Governor may qlve incentive to the Reqental/Municipal Government who has successfully arranqed RTHKP. (2)The Regent/Mayor may give incentive to arranger of private RTHKP who has successfully improved quality and quantity in accordance with purposes of RTHKP. (3)The Governor of DKI Jakarta may give incentive to operator of private RTHKP who has successfully improved quality and quantity in accordance with purposes of RTHKP. (4) Mechanism, criteria, form, type, and procedure of giving of incentive as meant in paragraphs (2) and (3) are further stipulated by Regional Head. CHAPTER VITT FUNDING Article 20 (l)Finances for arrangement of Provincial RTHKP come from Regional Revenue and Expenditure Budget of Province, participation of non-governmental society and/or private and other valid sources and non-binding sources offund. (2)Finances for arrangement of Regental/Municipal RTHKP come from Regional Revenue and Expenditure Budget of Reqencv/Nunicipalltv, participation of non-governmental society and/or private and other valid and non-binding sources of funa. CHAPTER XI CL05ING PROVISIONS Article 21 On the date this Regulation comes into force, Instruction of the Minister of Home Affairs No. 14/1988 on Arrangement of Open Green spaces in the Cities and the attachments are revoked and declared Inapplicable. Article 22 This Regulation comes into force as from the date it is stipulated. C;tirlJI"ted in Jakarta OnJanuary 11, 2007 THE MINISTER OF HOME AFFAIRS Sgd H. MOH. MA'RUF,SE ~===(E)=== BUSiness News 7527-7528/6-27-2007