Controlling The Use of Space Through Licensing Instruments

Indonesian Law No. 26 of 2007 Base

Abstract

This research aims to determine the legal concept of controlling the use of space through licensing instruments and to know the concept of licensing as a form of space utilization control instrument. Research results show that the government and regional governments regulate provisions regarding licensing instruments according to their respective authorities in accordance with statutory provisions. Spatial Planning Law Number 26 of 2007 regulates as follows: (a) Spatial use permits that are not in accordance with regional spatial planning plans are canceled by the government and regional governments according to their respective authorities in accordance with the provisions of laws and regulations; (b) Space utilization permits issued and or obtained without going through the correct procedures are null and void by law; (c) Spatial utilization permits obtained through the correct procedures but later proven to be inconsistent with the regional spatial layout plan, are canceled by the government and regional governments in accordance with their authority; (d) For losses incurred as a result of the cancellation of the license as referred to in paragraph (e), an appropriate compensation may be requested from the agency issuing the permit; f) Space utilization permits that are no longer suitable as a result of changes to the regional spatial layout plan can be canceled by the government and regional governments by providing proper compensation; (g) Every government official authorized to issue spatial utilization permits is prohibited from issuing permits that are not in accordance with the spatial layout plan.