PENYUSUNAN RDTR SESUAI PERMEN ATR BPN NO 11/2021 (V. PENYUSUNAN, PEMBAHASAN DAN PENETAPAN RAPERKADA)

Summary

This video covers the process of drafting and finalizing the Regional Spatial Planning (RDTR) in Indonesia. It explains the steps involved, from academic drafting and the creation of a legal framework to the involvement of stakeholders in the discussion and approval process. Key topics include the structure of the academic manuscript, the drafting of regulations, and the importance of public consultation and cross-sectoral coordination. The video emphasizes legal and procedural requirements, including necessary documentation and timelines for finalizing RDTR regulations. The process culminates with the official approval and publication of the regulations in the local government records.

Takeaways

• 😀 The process of preparing and finalizing RDTR (Spatial Planning Regulations) is a multi-step procedure, including data collection, formulation, and legal finalization.
• 😀 The first step in RDTR formulation is the preparation of an academic manuscript, which includes policy studies and regulatory analysis.
• 😀 Key legal references for RDTR formulation include laws like the 1945 Constitution, Law No. 15 of 2011, and ATR BPN Ministerial Regulations (2021).
• 😀 The academic manuscript for RDTR includes six main chapters: Introduction, Theoretical and Practical Studies, Evaluation and Analysis of Related Regulations, Philosophical, Sociological, and Legal Bases, Scope and Objectives, and Conclusions and Recommendations.
• 😀 One of the critical aspects of RDTR formulation is ensuring the document's format is in compliance with technical standards, including map presentations and spatial data accuracy.
• 😀 RDTR draft law (Raperda) must undergo thorough evaluation, including harmonization with local and national laws, and considerations of horizontal and vertical regulations.
• 😀 In drafting RDTR, planners need to ensure clarity of purpose, legitimacy of legal authorities, and the feasibility of implementation for effective governance.
• 😀 The draft regulations (Raperda) should address issues like land use zoning, structure planning, and the technical rules governing spatial planning within a specific region.
• 😀 Public consultations play a crucial role in RDTR discussions, allowing stakeholders and communities to propose suggestions or objections to the draft law.
• 😀 After final approval from local authorities and the provincial government, the RDTR draft law is submitted to the local legislature (DPRD) for review and adoption, followed by formal ratification by the regional head (Governor or Mayor).

Q & A

What is the primary focus of the video script?

The primary focus of the video script is on the process of developing the Regional Spatial Plan (RDTR) in Indonesia, specifically its finalization, conversion into legal products, and the procedures involved in drafting and approving the regulation at the local level.

What are the key steps involved in finalizing the RDTR into a legal product?

The key steps include drafting the academic manuscript (Naskah Akademik), preparing the draft regional regulation (Raperda), discussing the regulation with stakeholders, and obtaining final approval from the local government and the provincial government, culminating in its official enactment.

What documents are included in the RDTR process?

The RDTR process includes the academic manuscript, the draft regulation (Raperda), various reports such as consultation meeting minutes, public participation documents, and a series of maps, tables, and technical analysis.

What legal frameworks are used to guide the RDTR process?

The RDTR process is guided by several laws and regulations, including the 1945 Constitution, Law No. 15 of 1991, Law No. 87 of 2014, Minister of Home Affairs Regulation No. 120 of 2018, and Minister of ATR/BPN Regulations Nos. 11 and 14 of 2021.

What are the key components of the academic manuscript (Naskah Akademik)?

The academic manuscript consists of six main chapters: 1) Introduction, 2) Theoretical and empirical studies, 3) Evaluation and legal analysis, 4) Philosophical, sociological, and legal foundations, 5) Scope and guidelines for regulation, and 6) Conclusions and recommendations.

How is the draft regional regulation (Raperda) formatted?

The draft regulation (Raperda) is formatted with technical content that includes books of analysis, planning maps in A4 format, and an album of maps in A1 format, as well as tables of program indications and land use regulations.

What are the essential principles for creating effective regulations?

The key principles for effective regulation include clarity of purpose, appropriate institutional authority, alignment between legal frameworks and content, feasibility and effectiveness, clear drafting, and transparency.

What does the process of public consultation entail during the RDTR discussion?

Public consultation allows the community to provide feedback, objections, or suggestions on the draft regulation. It is conducted through media outlets, official government websites, open letters, discussion groups, and direct community engagement.

What is the role of the provincial government in the RDTR approval process?

The provincial government participates by evaluating and providing recommendations on the draft regulation. It is involved in coordination and consultation forums to ensure that the RDTR is aligned with broader regional and national planning frameworks.

How is the RDTR regulation finalized and enacted?

Once the RDTR regulation is approved by the local government and the DPRD, it is submitted to the Governor for registration. The Governor's approval then allows the local head (Mayor or Regent) to sign and formally enact the regulation, which is then published in the official local government gazette.