JAKARTA - The Regional Regulation Formation Agency (Bapemperda) of the DKI Jakarta DPRD is questioning the issuance of Governor Regulation Number 31 of 2022 concerning Detailed Spatial Planning (RDTR-WP) before Regional Regulation Number 1 of 2014 concerning RDTR and Zoning Regulations are revoked.
The Head of the DKI Jakarta Cipta Karya, Spatial Planning, and Land Office, Heru Hermawanto, explained the reason why DKI Jakarta Governor Anies Baswedan issued the gubernatorial regulation without involving the DPRD which would revoke the Regional Regulation on RDTR.
Heru said that the DKI Provincial Government only has one month to issue the Pergub RDTR after the drafting of the substance of the Pergub has been approved by the Ministry of ATR/BPN since May 27, 2022. So, Anies has to stipulate the Pergub by June 27, 2022.
"It is our job to submit it to the ATR ministry for approval of the substance. After the substance is submitted, there is a time limit that the regional head regulation (pergub) must be stipulated a maximum of one month after the approval of the substance," said Heru after a meeting with the DKI DPRD Bapemperda, Wednesday, August 10.
In normative terms, Heru said that the DKI Provincial Government does not need to involve DPRD in the process of drafting the Pergub RDTR before it is ratified.
"In terms of authority, the governor's pergub is the authority of the governor, it doesn't need to be submitted to the council," said Heru.
It's just that, considering the Pergub RDTR which regulates zoning for all land areas in Jakarta, the DKI Provincial Government will finally convey the details of the Pergub material to Bapemperda in the next meeting.
"We have good intentions, because this (RDTR) has something to do with the community. Finally, we convey it to our friends in the council for consideration on next Monday," said Heru.
"If it (the Pergub RDTR) needs to be revised, what kind of mechanism is there. But, because it is through substance approval, it must go to the ministry again," he continued.
Today, the Regional Regulation Formation Agency (Bapemperda) of the DKI Jakarta DPRD summoned the ranks of the DKI Provincial Government to question the issuance of Governor Regulation (Pergub) Number 31 of 2022 which regulates the renewal of detailed spatial plans (RDTR) and zoning regulations (PZ).
In this case, the preparation of a regional head regulation (perkada) in the form of a gubernatorial regulation is a substitute for Regional Regulation (Perda) Number 1 of 2014 concerning RDTR and Zoning Regulations.
This refers to the new provisions contained in the Job Creation Act. Where, arrangements regarding RDTR and zoning no longer need to use local regulations and only local regulations.
The DKI Bapemperda has no problem with Anies issuing the governor's regulation on RDTR. However, the question is that the governor's regulation on RDTR was issued before the DKI DPRD revoked the Regional Regulation on RDTR.
"What is a problem for us is how come this Pergub has been issued. Do you dare to implement a Perkada (Pergub) even though there is still Perda RDTR Number 1 of 2014 which has not been revoked? (Perda), what do you want?" said Bapemperda member of the DKI Jakarta DPRD, Ferrial Sofyan.
Ferrial emphasized that the DKI Jakarta DPRD did not want to revoke the Regional Regulation on RDTR before knowing the contents of the newly issued Pergub.
Because, Ferrial is worried that there are provisions regarding zoning provisions in Jakarta in the governor's regulation that are not in accordance with the recommendations of council members, even though Anies had previously submitted the draft Pergub RDTR to the Ministry of ATR/BPN.
"The good thing is, before the governor's regulation is enacted, tell us, this is a concept that has been approved by the ministry," said Ferrial.
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