Government Regulation on land use management

LAND USE MANAGEMENT (Government Regulation No. 16/2004 dated May 10, 2004) THE PRESIDENT OF THE RFPUBUC OF INDONESIA, Considering: that to implement provisions in Article 16 para~ grilph (2) of Law No.24/19'J2 on Spatial Management, it is necessary to stipulate a Government Regulation on Land Use Management; In view of: 1. Article 5 paragraph (2) and Article 33 paragraph (3) of the 1945 Constitution; 2. Law No. 5/1960 on the Basic Regulation of Agrarian Principles (Statute Book of 1960 No.'! 04, Supplement to Statute Book No. 2043); 3. Law No. 21/ 1992 on Spatial Managemt:!lIt (Statute Book of 1992 No:115, Supplement to Statute Book No.3501); 4. Law No. 22/1999 on Regional Goyernment (Statute Book of 1999 No. 60, Supplement t6,Statute Book No. 3839); S. Government Regulation No. 69/1996 on the Exercise of Rights and Obligations, and the Model and Proce· dure of Public PartiCipation in Spatial Management (Statute Book of 1996 NO.104, Suppiement to Statute Book No.3660); 6. Governmen~ Kegulation No. 36/1998 on the Control and Efficient Use of Idle Land (Statute Book of 1998 No. 5i, Supplement to Statute Book No. 3745).; I. Government Regulation No. 25/1000 on the Authority of the Central Government and the AuU10rity of Pro v . . . in~es as Autonomous Regions (Statute Dook of 2000 No. 54, Supplement to Statute Book No. 3952); 8. Government Regulation No. 20/2001 on tile Guidance and Control of the Running of Regional Governments (Statute Book of 2001 No.4l, Supplement to Statute Book No.40'30); DECIDES: To stipulate: GOVERNMENT REGUlATION ON LAND USE MANAGEMENT CHAPTER I GENERAl. PROVISIONS Article] HelCinClfter referred to .. as: 1. Land use managernent is the sdrlle as land use man .. agement pattern covering the control, use and utiliza tion of land in the form of consolidated utilization of land through institutional control related to the use of land as a. unit of systems to serve the public Interests in a fairly way; 2. Control of land is legal relations between an mdividual, a group of individuals, or a corporate body and land set forth ill Law No.S/1960 on the BaSIC Regulation of Agrarian' Principles; 3. Use of land is the form of land surface cover, either natural'or man-made: 4. Utilization of land is the act of obtaining added value without altering the phySical form of lan'd use; S. Land title is the title specified in Law NO.S/1960 on the Basic Regulation of Agrarian Principles; 6. Regional spatial fayout plan is the result of spatial lay· out planning based on the administrative (lspect andj or specificied functional aspec;;ts; 7. Government is the' apparatuses of the Unitary Republic of Indonesia conSisting of the president and ministers. 8. Regental/municipal government is the head of region and other apparatuses of autonomous region as the regional executive body. CHAPTER II PRINCIPLES AND AIMS Article 2 Land use management shall be based on .the prin ciples of integrity, efficient and effective use, compatibility, harmony, sustamability, transparency, similarity, justice and legal protection. Article 3 Land use management shall be aimed at: a. regulating the control, use and utilization of land for various development activities in accordance with the regional spatial layout plan; b. making the control, use and utilization of land match the directives on the spatial function set forth in the regional spatial layout plan; c. creating land discipline covering the control, use and utilization of land including the maintenance of land and . the control of land use; d. ensuring legal certainty to control, use and utilize land among the public who have legal relations with land in accordance with the specified regional spatial layout plan. CHAPTER III PRINCIPLES OF LAND USE MANAGEMENT Article 4 (1) In utilizing land, land use management called land use management pattern shall be developed. (2)The land use management referred to in paragraph (1) shall constitute agricultural activities either in protected areas or in cultivation land. (3)The land use management referred to in paragraph (1) shall be carried out based on the regental/municipal spatial layout plan. (4) The land use management referred to in paragraph (1) shall be carried out according to the period of time speci fied in the regental/municipal spatial layout plan. Article 5 The land use management referred to in Article 4 paragraph (2) shall be carried out through the policy on land use management and the implementation of land use management. CHAPTER IV POLlCY ON LAND USE MANAGEI\1ENT Business News 7111-7112/15-9-2004 Part One General Article 6 The policy on land use management shall apply to a. the plots of land equipped with land titles, either those that have been registered or those that have not been registered; b. state land; c. communal reserved land owned by the customary com munity in accordance with law in force. Article 7 (1) The use and utilization of the types of land referred to in Article 6 shall accord with the regional spatial layout plan. (2)The appropriateness of the use and utilization of land to the regional spatial layout plan referred to in para graph (1) shall be based on the technical guidelines, standards and criteria set by the Government. (3) The technical guidelines, standards and criteria referred to in paragraph (2) shall be further stipulated by the regental/municipal governments according to the con· dition of their respective regions. (4) The use of .Iand referred to in paragraph (1) which does not accord with the regional spatial layout plan cannot be expanded or developed. (5)The utilization of land referred to in paragraph (1) which does not accord with the regional spatial layout plan cannot be increased. Article 8 The holders of land titles shall use and may uti· lize land according to the regional spatial layout plan, maintain land and prevent land from destruction. Part Two Control of Land Article 9 (l)The establishment of a regional spatial layout plan shall not affect the status of legal relations with land. (2)The establishment of a regional spatial layout plan shall not affect the status of legal relations with land re ferred to In Article 6 where space is used above or below the land. Article 10 (1) The administrative settlement of land referred to in Article 6, after the establishment of the regional spa tial layout plan, shall be. carried out if the holder of land title or the proxy meets requirements to use and utilize the land in accordance with the regional spatial layout plan. (2)If the requirements to use and utilize the land referred to in paragraph (1) are not met, the holder of li'lnd title or the proxy shall be subject to sanction in accordance with law in force. Article 11 (1) Plots of land in protected areil? .yvhich have not been equipped with land tiles may be given land titles, ex cept those located in fofests .. (2) Plots of lana In culturill p:reserv~s.wnt~h have not been equipped with .Iand tiU~smaybegiven certain land titles in accordance witt-flaw in'ford~, except those lo cated in archeological sites. Article i2 Plots of land originating from emerging land or the reclamation of coasts, high and low tidal areas, swamps, lakes and rivers shall be directly controlled by the State. Part,Three .'.:";." Use and Util\zationot La,od Arti,cfe 13 (1) The use and utilization :pfland in protected areas or cultivation areas shall a¢cord With.the spatial function specified in the regiona/:,·spatial layout plan. (2)The use and utilization o(lancj in ,protected areas re ferred to in paragraph (i) shall not disturb the nature nor change the landscape and ecosystem. (3)The use of land in CUltivation areas referred to in para graph (1) shall not be left neglected but shall be main tatned to prevent the land from destruction. Business News 7111-7112/15-9-2004 (4)The use of land in cultivation areas referred to in para graph (1) shall contradict nor disturb one another but shall give added value to the land use. . (S)Provisions on the use and utilization of land referred to in paragraph (1), paragraph (2), paragraph (3) and .paragraph (4) shall be laid down in technical guide lines on the use of land, which serve as a prerequisite for the use and utilization of land referred to in Article 10 paragraph (1). Article 14 When using and utilizing land, the holders of land titles shall abide by the requirements set forthifl -laW in force. Article 15 The use and utilization of land on islets and plots of land bordering on coasts, lakes, dams and/or rivers shall observe: a. public interests; b. supporting capacity, sustainable development, ecosys' tem linkage, biodiversity and environmental conserva tion. Article 16 lfl case of a change in the regional spatial layout plan, the use and utilization of lan~:f referred to in Article 13 shall follow the latest regional spatial layout plan. Article 1, (1) The utilization of land may be inc .. fea~ed if it does not alter the use of land. (2)The utilization Qfland referred to(0)~ragraph (1) shall . ,; . .";'. ':. I observe land titles and public int~res~s. Article 18 The utilizc;tbon of land in prot¢ctt~ areas may be ~no~~~::~ r:s::~;;f~:s~:::I;:~~a:~~:~tt~~i:i:ca~~~~i~~" if it does not disturb the protected area$ Article 19 (l)The activity of using space above and b~neath the land that is not related to the control of lan~ referred to in Article 9 paragraph (2) mOlY be allowed if It does not disturb trle use and utilization of U,c reievant land. (2) The activity of using space referred to in paragraph (1) which disturbs the utilization of land shall secure ap proval from the holder ·of land title. (3) rhe activity of using space referred to in paragraph (1) shall be carried out in accordance with law In force. Article 20 The control, use and utilization of land which does not accord with the regional spatial layout plan shall be adjusted through the implementation of land use manage ment. CHAPTER V THE IMPLEMENTATION Of LAND USE MANAGeMENT Part One General Article 21 The implementation of land use management shall apply to the kinds of land referred to in Article 6. Part Two Implementation Article 22 (1) In implementing the land use management referred to in Article 23, the following activities shall be carried out: a. inventorying the control, use and utilization of land; b. observing balance between supply and demand in the control, use and utiiization of land according to the spatial function; c. establishmg a pattern to adjust the control, use and utilization of land to the regional spatial layout plan. (2) The land use management referred to in paragraph (1) shall be presented in a map which has larger scale than that of the map used in the regional spatial layout plan, Article 23 (1) The act of inventorying the, control, use and utilization of land referred to in Article 22 paragra ph (1) letter a shall cover: a. collecting and processing data on the control, use and utilization of land, the capacity of land, the evalu ation of land, and supportmg data; Business News 7111-7112/15-9-2004 b. presentiny data III the form of map and information on the controi, use and utilizaUon of land, Ule ca· pacity of land, the evaluation 'of land, and SUP~()l't­ ing data; c. providing data III the form of map and infmmation on the control, use and utilization of land, the ca .. pacity of land, the evaluatlo/"l of land, and support ing data. (2) The data and mformation referred to In parograph (J) letter b constitute inputs in drawll19 up and reVising the regional spatial layout plan. (3)The act of establishing the balance between supply and demand in the control, use and utilizabon of land ac cordll1g to the spatial function referred to In Article 22 paragraph (1) letter b shall cover: a. presenting a revised balance sheet on the US!? and utilization of land in the regional spatial layout plan; b. prescntll1g an adjusted balance sheet on the USC! and utilization of land in the regional spatIal layout plan; c. presenting and establishing pri(J)rities in the prolll sion of land in the regIonal spatial layout plan. (4) The act of adjusting the control, use and utilization of land to the regional spatial layout plan referred to In Article 22 paragraph (1) letter c shall be carried out through: a. remanagement; b. partnership; c. delivery and release of land titles to the State or other parties through compensation 111 acCordance with law in force. (S)The adjustment referred to' in para!l)raph (4) shall .be made by taking into account: a. the policy on land use management; b. the rights of land owners; c. investments in the development of facilities and infrastructures; d. the evaluation of larid. (6 )The adjustment referred to in paragraph (4) shall be made by involving public partiCipation in accordance with law In force. (7) The procedure for carrying out the activities referred to in paragraph (1), paragraph (3) and paragraph (4) shall be laid down In various technical guidelines, stan dards and criteria set by the Government. (8) The technical guidelines, standards and criteria for car rying out activities related to the land use management referred to in paragraph (7) shall be further stipulated by regental/municipal governments. Article 24 (1) In adjusting the control, use and utilization of land, the regental/municipal governments shall issue technical guidelines. (2) The procedure for issuing the technical guidelines re ferred to in paragraph (1) shall be made in accordance with law in force. CHAPTER VI DEVELOPMENT AND CONTROL Article 25 (1) To develop and control the implementation of land use management, the Government shall monitor the con trol. use and utilization of land. (2)The monitoring referred to in paragraph (1) shall be made through a land use management information sys tem. Article 26 (l)The Government shall develop the implementation of land use management. (2)The development referred to in paragraph (1) shall cover the development of guidance, counselling, training and directives. Article 27 (1) The act of controling the implementation of land use management shall cover supervision and discipline. (2) The government shall conduct the supervision referred to in paragraph (1) through supervision and reporting. (3) The regental/municipal governments shall take the dis cipline referred to in paragraph (1) in accordance with law in force. Article 28 (1) The act of developing and cont~oling the holders of land titles in the frame of land u$e management shall be accompanied by incentives anti disincentives. (2)The incentives referred to in pa~agraph (1) shall be given to the holders of land titles Who have voluntarily adjusted the use of land. (3) The disincentives referred to in palragraph (1) shall be imposed on the holders of land titles who have not adjusted the use of land. (4) The modelS of incentives and diQincentives shall be stipulated in accordance with law in force. Article 29 The Government shall rearra~ge the holders of land titles and groups of financially w~ak people. CHAPTER VII TRANSITIONAL PROVISIONS Article 30 At the time when this Government Regulation takes effect, all regulations related to land 'use manage· ment shall remain valid, provided they! do not contradict this Government Regulation. CHAPTER VIII CONCLUSION Article 31 This Government Regulation shall come into force as from the date of promulgation. For public cognizance, this Go~ernment Regula tion shall be promulgated by placing it in i the Statute Book of the Republic of Indonesia. Stipulated in Jakarta on May 10, 2004 THE PRESIDENT OF THE REPUBLIC OW INDONESIA, sgd. MEGAWATI SOEKARNOPUT\U Promulgated in Jakarta on May 10, 2004 THE STATE SECRETARY, sgd. BAM BANG KESOWO STATUTE BOOK OF THE REPUBLIC OF INDONESIA OF 2004 NUMBER 45 ELUCIDATION OF GOVERNMENT REGULATION NO. 16/2004 ON LAND USE MANAGEMENT LGENERAL God Almighty has granted the Indonesian nation land which is controlled by the State for the benefit of the people at large. The land is either the land that has been controlled or owned by individuals, groups of individuals, including customary community and/or corporate bodies or the land that has not been provided for in the legisla tion in terms of legal relations. Various kinds of legal rela tions in the form of land titles give their holders the au thority to use land according to the characteristics and aim of their titles based on the availability, appropriation, use and maintenance of land. Land is the strategic element of space. The use of land is closely related to the regional spatial layout man agement which contains commitment to consistently ap ply a spatial layout plan within the frame of land policy in accordance with Law No.5/1960 on the Basic Regulation of Agrarian Principles. In this connection and with regard to the mandate of Article 16 of Law No.24/1992 on Spatial Layout Management, to utilize space, it necessary to de velop land use management also called the pattern of the control, use and utilization of land. According to the elucidation of Article 30 of Law No.24/1992 on Spatial Layout, Article 14, Article .15 arid Article 52 of law No.5/1960 on the Basic Regulation of Agrarian Principles, and in line with provisions in Law No.24/1992 on Spatial Layout, with guidelines for imple menting the laws contained therein, it is necessary to stipu late a Government Regulation on Land Use Management as a spatial layout subsystem. This Government Regulation on Land Use Man agement covers policies on land use management and the implementation of land use management. The policies on land use management cover the control, use and utili zation of land in protected areas and cultivation areas as general guidelines for land use management in regions. Activities in the land sector constitute an integral part of agrarian cycle, covenng the tegulation, control and I ownership of land, the management of land use, the can· trol of land titles, and the registratilon of land. The implementation of lan.H use management in regencies/municipalities cover: a. the establishment of activities related to land use management; b. the implementation of land use management. In establishing the activitie$ related to land use management, efforts are made to iiwentory the control, use and utilization of land; establisH! a balance sheet on the control, use and utilization of land; adopt the pattern of adjusting the control, use and utilization of land to the regional spatial layout plan, and the results of a study on the regional physical conditions. BeSides being the main materials for drafting the pattern of the control, use and utilization of land, the results of inventory presented in a map whose level of accuracy is higher than that of the map used in the regional spatial layol\lt plan are managed in a land management information s,(stem among others through a land use management information system. The control, use and utilization of land can be adjusted through rearrangement, partr!lership, delivery and release of land titles in accordance with ,law in force. Development and control are lIleeded in the imple mentation of land use management Development is made throuQh the prOVision of guidelines" COUnselling, training and directives, while con trol is done through supervision in the form of supervi sion, reporting and discipline. The land use management re~ers to the existing regental/municipal spatial layout plans, In the regencies/ municipalities Which have not adopted ~egjonal spatial lay out plans, land use management refers to the other spa tial layout plans endorsed by law for the relevant regen cies/municipalities. II. ARTICLE BY ARTICLE Article 1 Sufficiently clear Article 2 Referred to as integrity means that land use man agement is made to harmonize the contrOl, use and utili zation of land. Referred to as efficient and eff~ctive use means that land use management must be able to increase the value of land according to the spatial function. Referred to as compatibility, harmony and balance means that the land use management must ensure the creation of compatibility, harmony, and balance between the rights and obligations of each holder of land titre or the proxy, thereby reducing conflicts of interests among land users. Referred to as sustainability means that the land use management must ensure the conservation of the land for the benefit of future generations. Referred to as transparency means that the land use management must be made known to all layers in the community. Referred to as similarity, justice and legal protec tion means that the land use management must not dis criminate against land owners so all of them are protected by law in using and utilizing the land. Article 3 Sufficiently clear Article 4 Paragraph (1) Sufficiently clear Paragraph (2) Protected areas and cultivation areas referred to herein are the same as those specified in Government Regulation on National Spatial Layout Plan. Protected areas include areas that protect subor dinate areas covering protected forests, peat land, water catchment areas; local protected areas covering areas bor dering on coasts, rivers, lakes/dams, water sources, green belt areas including city forests; wildlife reserves covering nature preserve and fauna; nature conservation areas cov ering national parks, botanical garden, nature tourism parks; culture preserves; natural disaster-prone areas cov ering volcanic eruption-, earthquake-, landslide-, high tide , and flood-prone areas; other protected areas covering hunting grounds, biosfir preserves, germ plasm protec tion areas, and mangroves. Cultivation areas include production forests cov . ering limited production forests, fixed production forests, convertible forests; smallholder forests; agricultural farm covering wet farm land, dry farm land, annual food crop areas/plantat/ons, husbandry areas, fishery areas; mining concessions covering strategic minerals, vital minerals or minerals that do not belong to the two kinds of minerals; industrial estates; tourist resorts, and residential areas. For protected areas and cultivation areas border ing on neighboring countries, the land use management must consider land and security aspects in accordance with law in force. Paragraph (3) Regental/municipal spatial layout plans serve as guidelines for the regional governments to establish the locations of development activities in utilizing space and drafting development programs related to the utilization of space in the said regions, and lay a basis for the issu ance of recommendations on the utilization of space. As such, the utilization of space in implementing develop ment programs will always agree with the existing regental/ municipal spatial layout plans. Paragraph (4) Referred to as a period of time herein is the same as that specified in Article 22 of Law No.24/i 992 on Spa tial Layout. . Land use management is conducted .in stages through the adjustment of the control of land, the use of land and the utilization of land by the Government, re gental/municipal agencies in charges of agriculture and the community, either jointly or indllddually, in accordance with a period of time specified in the regional spatial lay out plans. Article S Article 6 Letter a Letter b Sufficiently clear Sufficiently clear State land /s land directly controlled by the State other than communal land. Letter c SuffiCiently clear Article 7 Paragraph (1) up to Paragraph (3) Sufficiently clear Paragraph (4) Referred to as cannot be expanded or developed means that the form of the existing activity, natural or man-made, does not agree with the appropriation of land, for instance, the expansion of an industrial estate in wet (Irrigated) agricultural land. Paragraph (5) Referred to as cannot be increased means that the added value of an activity cannot be increased, for Instance, the upgrading of housing complex into trade center in a residential area. Article 8 Referred to as shall use land means that the holder of land title must abide by the specified requirements to use and utilize land. Referred to as may utilize land means that the .holder of la'nd title may increase the added value of land by ca.rrying out other activities that may not dis turb the use of land, for ihstance, utilizing paddy field for both .rice plant and fish pond. Maintaining land means an effort ro protect the (unction of land, for instance, the capacity of land against ;an .~lter~Uo~preS~~fe and/or a negative impact ci;lused . by 'a~ ac~ivity, th~rebyenabHng the land to support the !ite.of·m~nkilJd a~dother creatures, for instance, an ef fort to:re!1<ibil.itatedama~ed land,an effort to conserve agr'icuituralland, arid an effort to rehabilitate former min ing sites, etc. Damaged land is the state of land whi.ch can no longer be utilized according to the spatial function due to an activity which has directly or indirectly altered its phYSi cal characteristics and/or biological resources. Article 9 Paragraph (1) The establishment of a regional spatial layout plan does not influence the legal relations with land already equipped with land titles, be it has been registered or not, state land, and communal land owned by the customary community according to law in force, before the regional spatial layout plan is endorsed. Paragraph (2) The utilization of space above or beneath land does not influence legal relations with the land the use and utilization of which is not related to the utilization of space above or beneath the land, on condition that the use and utilization of space must agree with the regional spatial layout plan and must nOli disturb the utilization of space above and/or below the lalnd. The use of land title mU$t agree with the charac teristics and aims of the land title, and must not contradict the regulation on the utililation of space above or be neath the land. The utilization of space albove land is among otl1 ers electrical energy transmisslo:n through high volt age networks, and the utilization of' space beneath land IS among others subway. Article 10 Paragraph (1) The requirements to USCI and utilize land are in the form of technical guidelines 0("\ land use management which are an integral part of administrative settlement to land problems, Including the transfer of land titles, the upgrading of land titles, and the fusion and separation of land titles: Paragraph (2) Sufficiently clear. Article 11 Paragraph (1) Forest ··areas are ·certain areas designed and/or decfared by the Government as permanent forests. Titles to land in .forest are/ls are set forth in law. Paragraph (2) Certain land titles are land titles covering· aeer tain 'period of time and bearing certain requirements. One of. the certain requirements is the IProvisions set forth In the law on archeological artefacts. Article 12 Emerging land is land, either naturally formed or man-made, due to sedimentation prqcesses in rivers, lakes, coasts and/or emerging islets. Thle! land is controlled by the State. Reclamation is the process) of filling waters With soil to expand land space. The use land utilization of land must agree with the regional spat;,,'1 lilyout plan. Article 13 Paragraph (1) Sufficiently clear Paragraph (2) Referred to as without altering landscape means not conducting cut and fill, not covering rivers and not diverting river flows, among others. Paragraph (3) and Paragraph (4) Sufficiently clear Paragraph (5) The technical guidelines on land use management are aimed at allowing the use and utilization of land in a sustainable, optimum, compatible and balanced way in ru ral areas and in a peaceful, orderly, smooth and healthy way in urban areas, which serve as a prerequisite for ad ministrative settlement to land problems referred to in Ar ticle 10 paragraph (1). Article 14 The requirements referred to herein include tech nical guidelmes on land use management, requirements for constructing buildings, requirements for utilizing build Ings, requirements for environmental impact analysis, busi ness requirements and other provisions set forth in law in force. Article 15 Islets are those whose size and population are specified in law in force. In principle, islets and coastal areas, particularly those related to the control, use and utilization of plots of land located alorig beaches have spe cial uniqueness from the standpoint of social and economic activities, the environment and other natural resources. Article 16 Sufficiently clear Article 17 Paragraph (1) and Paragraph (2) SuffiCiently clear Article 18 Referred to as in the interests of education, sci entific and technological research and development means that the land may be used for the purposes of natural laboratory, energy transmission and telecommunication, among others. Referred to as ecotourism means that the land may be used for the purposes of natural tourism and cul tural tourism, among others. Article 19 Paragraph (1) Referred to as disturb means the same as that specified in the environmental impact analysis study. Paragraph (2) Referred to as approval, from the holder of land title means that the holder of land title has no objection to the utilization of space above Or beneath the land be cause the holder of land title has interest in the utilization of the space. Paragraph (3) Referred to as law in force means laws on mining and flats, among others. Article 20 Adjustment means the activity carried out by the holder of land title or the proxy to make adjustments, ei ther on a self-financing basis or through cooperation with and/or the transfer of land title to other party, so that the use and utilization of plots of land' agree with the regional spatial layout plan. Article 21 The implementation of land .use management cov ers the establishment of business plan and the implemen tation of land use management.' Article 22 Paragraph (1~ Letter a Sufficiently clear Letter b The balance between supply and demand in re gard to the control, use and utilization of land according to the spatial function is drawn up in the form of balance sheet for land use management. Letter c The pattern of adjustment referred to herein con tains directives for the holder of land title and the proxy to carry out activities and take necessary steps in using and utilizing land in accordance with the regional spatial layout plan. Paragraph (2) Referred to as a map which has larger scale is the same as that specified in the regulation on the accuracy of map for spatial management. Article 23 Paragraph (1) letter a Collecting and processing data referred to herein is making a working map, conducting a survey, installing a computerized system, and conducting an analysis. The capacity of land covers physical elements of land including land slope, land depth, land texture, drain age, erosion and other land boundary factors. The evaluation of land is the evaluation of physi cal and environmental characteristics of land in connec tion with a plan for the use and utilization of land, includ ing the evaluation of suitable farm, hOUsing, and industry to adjust the use and utilization of land to the regional spatial layout plan. Supporting data include topography, population, labour. force, and per capita income. letter b Sufficiently clear letter c Data and information services include cata/ogs/ mdexes and service procedures referred to ;n Government Regulation No.46/2002 on Tariffs of Non Tax State Rev enues Applicable to the National land Agency. Paragraph (2) Sufficiently clear Paragraph (3) letter a and letter b Sufficiently clear Letter c The availability of land means the balance between the use and utilization of land as well as the control of land in a certain area which gives a picture of opportuni ties and obstacles in the implementation of development by the government and the community. Paragraph (4) Letter a Rearrangement includes land consolidation, relo cation, swap and city rejuvenation. Letter b Partnership is the effort made by the land own ers, either on a self-financing basis or through coopera tion with other party, to achieve common goals with the rights and obligations jOintly stipulated by both sides. letter c The delivery and release of land titles includes grant, sales, swap and the like in accordance with law in force. Paragraph (5) letter a The policies on land use management are the same as those speCified in Chapter IV of this Government Regu lation and the national land policies. letter b SuffiCiently clear letter c Investments in the development of urban and ru· ral facilities and infrastructures include investments in roads and irrigation networks. Letter d SuffiCiently clear Paragraph (6) Public partiCipation is the same as that specified in laws on the fulfilment of obligations .and rights as well as on the moC!el and procedures of pwblic participation in the spatial management. Paragraph (7) and Paragraph (8) Sufficiently clear Article 24 Paragraph (1) and Paragraph (2) Sufficiently clear Article 25 Paragraph (1) Sufficiently clear Paragraph (2) The land use management information system is the standardization of data, system, infrastructure, data conirnunlcatlon or data exchange between the central gov . ernment, provincial governments and regental/municipal governments. Article 26 Paragraph (1) The government referred to herein is the same as that specified in law on regional government. Paragraph (2) Guidance, counselling, training and directives are the same as those specified in law on regional government, and law on the development and control of the running of regional governments. Article 27 f)aragraph (1) Sufficiently clear Paragraph (2) Supervision and reporting are the same as those specified in law on regional government and law on the development and control of the running of regional gov ernments. Paragraph (3) Discipline means the effort to take administrative sanction so that the control, use and utilization of land ac cord with the regional spatial layout plan. Article 28 Paragraph (1) Incentives are aimed at encouraging the public to carry out activities in accordance with the aim of land use management. Disincentives are aimed at restricting or reducing activities which do not agree with the aim of land use man agement, for instance, a review of land titles and the impo sition of higher taxes. The review of land titles is based on the prOvisions in the government regulation on the control and efficient use of idle land. Paragraph (2) and Paragraph (3) Sufficiently clear Paragraph (4) The models of incentives ,and disincentives must not reduce the rights of citizens to get equal dignity, obtain and defend their livehood. Article 29 The rearrangement referred to herein is the same as that specified in Article 23 paragrraph (4) letter a. Article 30 and Article 31 Sufficiently clear SUPPLEMENT TO STATUTE BOOK OF THE REPUBLIC OF INDONESIA N0.4385 ===( S )===