An Insight on Perda No 26/2013: RTRW Badung

The title above refers to the new Regional and Spatial Planning of Badung Regency, which hereafter referred to as RTRW or RTRW Badung ratified on December 30, 2013. The title is roughly translated into Regulation No. 26 Year 2013 of Badung Regency on Regional and Spatial Planning (Rencana Tata Ruang dan Wilayah).

Background

This regulation regulates land use across the 6 sub-districts or kecamatan of Badung Regency, namely Petang, Abiansemal, Mengwi, North Kuta, Kuta and South Kuta.

FYI, each RTRW regulation has a legal duration of 20 years, during which, revisions and amendments can be made. The recent RTRW Badung is ratified (kinda ahead of time) to replace the older version ratified back in 1995, and is effective for the period of 2013-2033. As the RTRW was ratified merely two days before 2014, I think a revision is already in place (wink).

The new RTRW, which is 202 pages long (you can download the pdf in the link provided below), regulates many things, from land use and zoning to details on agricultural and road grids. But let’s cut to the chase shall we?

Implications and Consequences

Many will be affected by this regulation due to some changes in land use and zoning. Some residential zoning, either B-2, B-3 or B-4 types have reverted back to agricultural (pertanian) zone (B-5). Meaning: no permanent building allowed.

This is bad news, a total bullcrap, a pinched-nerve kind of pain in the back for villa owners and land leaseholders  in the affected area, especially those who just only recently procure a property or in the middle of building process.

Real estate agencies and construction companies will be affected by this regulations too, more than what they bargain for. Real estate agencies whose listings are  located  in North Kuta needs to sort everything from scratch again, to make sure the available properties comply to the new regulation. This is a process that would deplete their listings in half I suppose.

If you somewhat curious whether or not the RTRW affect your property, you can check with the UPT/BPPT–Integrated License and Permit Office in Mengwi, Badung.

  • Tips:
  • Bring two copies of land certificate and one copy of ID (KTP) of the owner (the hak milik owner if you lease the land) and latest land tax report (SPPT) to the office.
  • File for a new ITR or Spatial Report by submitting the documents and filling a simple form.
  • Depends on the many factors, your report will be done in 2 weeks-3 months (sigh).
  • Can’t wait that long? Use this steps: After submitting the documents above, you will receive a receipt. Take it to the IT department next door. They have the zoning maps there, show them the receipt to take a quick peek. Ask them to show you the zoning map around your property. Use the second copy of land certificate as reference if necessary. You can either print the results or, if they don’t allow it (sometimes they don’t allow it) take the picture of the map shown on the monitor.

What’s Next?

If the results show your property in the clear, congratulations!  Go home and celebrate. If you aren’t so lucky–for example, your previously B-2/B-4 property now suddenly located in a B-5 either partially or as a whole–after do the above, immediately a) ask for the one in charge, b) file an objection to the regulation.

Important Note: Chapter XII, Part I, of RTRW Badung ensures you as the owner/leaseholder to file a complain, both written or directly.

See the following picture:

RTRW Badung 2013-Bab XII
Chapter XII of RTRW Badung

As the basis of your complain/objection you can target the minimum socialization of the RTRW, which resulted in you (the buyer), the seller and the notary public altogether WERE NOT AWARE of such regulation on the day of the signing of the agreement. This is a total violation on their part of the point a in the picture above. Sure, there will always be someone else to blame (klians, lurah or camat), but hey, Badung Officials aren’t record holder for speed and clarity either.

Secondly, in pursuant to point c, you are entitled to receive incentive due to the damage caused by the new zoning. Ask them to elaborate about what kind of incentive that is. If I were you, I’ll pursue the IMB/building permit release (no matter what new zone your property is now located on).

Lastly, as stated in point g, it is within your right to demand to the Regency or the title holder a full compensation of your total investment. I think it’s for everyone’s interest if you could work together with your landlord/hak milik holder/previous owner in pursuing this.

Every denial of service regarding your complain as regulated in Chapter XII is a complete violation of the RTRW itself. In which case, you’re free to pursue lawsuit.

Conclusion

I think no one will disagree that for so many reasons, changes is not only expected but needed as well, especially if it’s for the better. Laws, regulations and customary bylaws are what separate us from total anarchy. It’s both a civic duty and ethical virtue to abide to them.

However, we do have rights that no one should violate. Property ownership is one example. Unfortunately for some, this new regulation, has potential to cause that, moreover,  if it’s not executed properly.

A feedback to the regulators is definitely in order, especially concerning the socialization (or lack thereof) of the RTRW and what is seen as (deliberate?) exclusions of potentially affected stakeholders (land and villa owners, leaseholders etc).

Those who are negatively affected by the regulation should join hand together. If necessary, they can make a petition to amend the regulation in good faith, just to make sure that their rights are covered, devoid of lost investment.

A win-win solution may be hard to reach, and with that not so encouraging note I have to end this post.

Feel free to make this as an open and constructive discussion on the RTRW Badung by commenting in the section below. Tell us your story, it may benefit others.

Terms of Service: The purpose of this post is entirely informational and isn’t meant to be a legal advice. For that, please consult with your trusted lawyers.