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Presidential Regulation Number 51 2014

Original Language Title: Peraturan Presiden Nomor 51 Tahun 2014

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 121, 2014 SARBAGITA. Urban area. Layout Room. Change.


THE PRESIDENT OF THE REPUBLIC OF INDONESIA
No. 51 YEAR 2014
ABOUT
CHANGES TO THE PRESIDENTIAL REGULATION NUMBER 45 OF 2011 ON THE URBAN AREA LAYOUT PLAN OF DENPASAR, BADUNG, GIANYAR, AND TABANAN

WITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Weigh: a.  that regard to the development of national strategic policy and internal dynamics in the Urban Areas of Denpasar, Badung, Gianyar and Tabanan, in particular concerning the utilization of space in the Benoa Bay Area, so that it needs to be undertaken revitalization;
B.   that the Benoa Bay Area can be developed as a potential area for the development of economic and social activities of the economic and religious activities, by staying considering the preservation of the Ngurah Rai Forest Park function and the preservation of the ecosystem of the region surrounding, as well as the presence of infrastructure and infrastructure means in the Benoa Bay Area;
c. that under consideration as intended in letter a and letter b need to establish the Presidential Regulation on the Changes to the Presidential Regulation No. 45 of 2011 on the Plan of Tata Space of the Denpasar Urban Area, Badung, Gianyar, And Tabanan;
Remembering: 1.   Article 4 of the paragraph (1) of the Basic Law of the Republic of Indonesia in 1945;
2. Law No. 26 Year 2007 on Alignment Of Spaces (State Sheet Of The Republic Of Indonesia Year 2007 Number 68, Additional Sheet Of State Republic Indonesia Number 4725);
3. Government Regulation No. 26 Year 2008 on the National Area Tata Plan (Sheets Of State Republic Of Indonesia 2008 Number 48, Additional Sheet Republic Of Indonesia Number 4833);
4. Presidential Regulation No. 45 of 2011 on the Tata Room Plan of Denpasar, Badung, Gianyar, and Tabanan;

DECIDED:
SET: THE PRESIDENT ' S REGULATION OF THE CHANGES TO THE PRESIDENTIAL REGULATION NUMBER 45 OF 2011 ON THE PLANS FOR THE URBAN AREAS OF DENPASAR, BADUNG, GIANYAR, AND TABANAN.

Section 1
Some of the provisions in the Presidential Regulation No. 45 of 2011 on the Denpasar, Badung, Gianyar, and Tabanan Area Layout Plans are changed as follows:
1. The provisions of Section 55 paragraph (3) of the letters a and paragraph (5) letter a, letter b, letter c, and the letter d are changed, so that Article 55 reads as follows:

Section 55
(1) The Zone L3 which is the region of natural preservation as referred to in Article 53 of the paragraph (2) letter b with the purpose of research, science, education, support, tourism, and recreation as it is:
a.   region with certain distinctive features, both on the mainland, as well as in the waters; and
B.   Areas that have a central function of the protection of life support systems, preservation of plant and animal diversity, and the sustainable utilization of natural resources and ecosystems.
(2) The L3 zone that is a natural preservation region as referred to in paragraph (1) consists of:
a.   Forest parks include natural preservation areas for the purposes of natural or non-natural plant collections, original types and/or non-native, non-invasive and used for the benefit of research, science, and the natural environment of the natural world. education, support, culture, tourism, and recreation.
B.   Natural tourist parks include a natural conservation area utilized primarily for the benefit of natural and recreational tourism.
(3) The L3 zone that is a natural preservation area in the Sarbagita Urban Area is set at:
a.   Ngurah Rai Forest Park, which is located in parts of South Denpasar District, Denpasar City and parts of Kuta District and South Kuta District, Badung County; and
B.   Sangeh Natural Tourist Park, with an area of 13 (thirteen) hectares, which is in Abiansemal District, Badung County.
(4) The L3 zone which is a conservation area in coastal areas and small islands as referred to in Article 53 of the paragraph (2) of the letter c includes:
a.   areas that have specific characteristics that are protected to realize the management of coastal areas and small islands in a sustainable way; and
B.   Consists of a core zone, a limited utilization zone, and/or other zone in accordance with the region's tail.
(5) The conservation area in the coastal region and the small islands as referred to in paragraph (4) consists of:
a.   Small island conservation areas include parts of Attack Island in South Denpasar District, Denpasar City and Pudut Island, in South Kuta District, Badung Regency;
B.   Water conservation areas in the waters of Sanur Region in South Denpasar, Denpasar, parts of the area of the Attack Area in South Denpasar District, Denpasar, the waters of Nusa Dua in South Kuta District, Badung Regency, and the waters of the Kuta Region in Kuta District, Badung County;
c. The conservation and protection areas of coastal ecosystems in the form of a mangrove or mangrove coastal forest area and the Ngurah Rai Forest Park area in part in South Denpasar District, Denpasar City and partly in South Kuta District, Badung County;
D.   Coastal ecosystem protection and protection areas include coral protection areas, in the Sanur coastal area of South Denpasar District, Denpasar, parts of the Attack Island in South Denpasar District, Denpasar, Nusa Dua in South Kuta District, Badung, Tuban and Kuta districts in Kuta District, Badung Regency;
e.   Maritime conservation area, the fishing area, in the Offensive Area in South Denpasar District, Denpasar;
f.   Jimbaran area and Kedonganan area in South Kuta District, Badung Regency; and
G.   Conservation areas on the coastal areas are utilized for socio-cultural and religious activities throughout the coast where religious ceremonies (melasti) and the surrounding maritime areas are located.
(6) The L3 zone which is the area of the cultural and scientific reserve as referred to in Article 53 of the paragraph (2) of the letter d in order to protect the culture of the nation, and the interests of science among others are historical relics, Archaeological buildings, and monuments.
(7) The L3 zone that is a cultural and cultural reserve area is set to spread in the Sarbagita Urban Area in accordance with the provisions of the laws.
2. The provisions of Article 56 are amended so that Article 56 reads as follows:

Section 56
The power area is grouped into the power zone, consisting of a power zone 1 (Zone B1), power zone 2 (Zone B2), power zone 3 (Zone B3), power zone 4 (Zone B4), power zone 5 (Zone B5), power zone 6 (Zone B6), zone of mind 7 (Zone B7), and buffer zone (Zone P);
3. Between Section 63 and Section 64 of each section of Section 1 (1) Section of Section 63A, which reads as follows:

Section 63A
(1) The P Zone as referred to in Article 56 is a coastal water zone with characteristics of the bay area dealing with the L3 Zone, Zone B1, Zone B2, and Zone B3 in the Benoa Bay Area, which maintains the functions of the L3 Zone, Zone B1, Zone B2, and the zone of the B3 Zone. The B3 zone is a common utilization area for marine activities, fisheries, divinity, transport, tourism, economic development, settlement, cultural social, and religion.
(2) The P Zone as referred to in verse (1) is set in the coastal waters of the Benoa Gulf which is located in parts of South Denpasar, Denpasar city and parts of South Kuta District, Badung Regency.
(3) The zone P which under the terms of the forest is still designated as Ngurah Rai Forest Park, subsequently called L3/P in parts of South Kuta District, Badung Regency, including Pudut Island.
(4) The changes to the region and function of the forest region as referred to in paragraph (3) are executed in accordance with the provisions of the laws.
4. The provisions of Article 81 paragraph (3) are amended so that Article 81 reads as follows:

Section 81
(1) Arahan rules of zoning for space patterns as referred to in Section 70 paragraph (2) the letter c consists of:
a.   Zoning rules directive for protected areas; and
B.   A zoning ordinance for the power area.
(2) Arahan rules zoning for protected areas as referred to in paragraph (1) the letter a consists of:
a.   Zoning rules directive for Zone L2; and
B.   The zoning ordinance directive for Zone L3.
(3) Arahan rules zoning for the power region as referred to in paragraph (1) the letter b consists of:
a.   Zoning ordinance directives for Zone B1;
B.   Zoning rules directive for Zone B2;
C.   Zoning ordinance directive for Zone B3;
D.   Zoning ordinance directive for Zone B4;
e.   Zoning rules directive for Zone B5;
f.   Zoning ordinance directive for Zone B6;
G.   Zoning rules directive for Zone B7; and
h.   Zoning rules directive for Zone P.
5. Between Section 101 and Section 102 is inserted 1 (one) Section of Section 101A which reads as follows:

Section 101A
The zoning rules directive for Zone P as referred to in Article 81 of the paragraph (3) of the letter h consists of:
a.   activities allowed include protection and preservation activities of the Greater Forest Park and mangrove ecosystem, marine, fishery, divinity, transport, tourism, economic development, settlement, cultural social, and religion;
B.   activities allowed under the terms include activities other than as intended on a letter that does not interfere with the function of the P Zone;
c. activities that are not allowed include activities for waste disposal sites and activities that interfere with Zone P functions;
d. The provisions of the provisions in the P Zone include:
1. The activities within the P Zone dealing with the L3 Zone are carried out by keeping the functions of the Ngurah Rai Forest Park and the mangrove ecosystem as well as the dive of certain parts of the Gulf;
2. The provision of accessibility within the bay area, including the availability of cruise flows;
3. The utilization of space by not disrupting the sustainability of the River Stream Area system functions;
4. The utilization of space is at least 100 meters (100) meters from the L3 Zone;
5. Space utilization with regard to the master plan of development of Benoa International Port, Ngurah Rai International Airport, Jalan Freeway-Benoa-Ngurah Rai-Nusa Dua-Tanjung Benoa Airport, and energy network functions;

6. The activities as intended a and b can be performed through revitalization activities including the staging of the most extensive reclamation of 700 (seven hundred) hectares of the Benoa Bay Area; and
7. The utilization of space for disaster mitigation.
e.   activity as the letter d number 6 through the host Reclamation is performed by:
1. The provision of green open space is at least 40% of the total land reclamation result;
2. The application of the layout of the building and the environment covering the provisions of the KDB, KLB, KDH, KTB, building heights, and the GSB against the path according to the rules of the laws of the laws;
3. The development of economic sentra based on the environment and Balinese culture;
4. Set the layout, form, and luasan, determined based on the results of the environmental feasibility study;
5. Accessibility within the bay area, including the availability of shipping grooves and waterflow flows between reclaimed islands with regard to environmental characteristics, at least 2 (two) meters from the lowest receding points;
6. Planning, utilization, and control of space utilization for reclamation activities in the P Zone is conducted in accordance with the provisions of the laws.
6. In between Chapter IX and Chapter X is inserted 1 (one) Chapter, the IXA Chapter, which contains 1 (one) Article between Section 120 and Section 121 of Section 120A which reads as follows:

CHAPTER IXA
OTHER PROVISIONS
Section 120A
(1) In the Zone P can be developed a system of residential central systems and infrastructure systems: transport, energy, telecommunications, water resources, and urban infrastructure to support the development and function of the specified P Zone. the provisions of the laws.
(2) The infrastructure network system: transport, energy, telecom, water resources, and urban infrastructure services can be developed in the Sarbagita Urban Area to support the development and function of the specified P Zone as per the provisions Laws.
(3) The development of the settlement system and the infrastructure system of infrastructure as referred to in paragraph (1) and the development of the paragraph (2) system of infrastructure of the paragraph (2) are coordinated by the Minister.
7. The provisions of Article 122 paragraph (2) are amended so that Article 122 reads as follows:

Section 122
(1) By the enactment of this Presidential Regulation, then:
a.   the use of space utilization in each of the areas that has been issued and has been in accordance with the provisions of this Regulation shall remain in effect according to the expiring;
B.   the utilization permit of the space that has been issued but not in accordance with the provisions of this Presidential Regulation:
1. for the unimplemented construction, the related permit is adjusted to the function of the region in the spatial detailed plan set by the local government under this Presidential Regulation;
2. For the already executed construction, the utilization of space is done until the related permit expires and is made adjustments by applying technical engineering according to the function of the region in the detailed plan of the spatial layout and Zoning regulations are set by the local government under this Presidential Regulation; and
3. for the already implemented construction and not possible to apply technical engineering according to the function of the region in the detailed plan of the spatial layout and zoning regulations set by the local government under the Ordinance This President, for the published permission may be annulled and against the loss arising as a result of cancellation of the permit may be reimbursed in accordance with the provisions of the laws.
c. utilization of space whose permission is expired and not in accordance with the Regulation of this President is made adjustments to the region function in the detailed plan of the spatial and zoning regulations set by the local government under Regulation. This president;
D.   utilization of space in the hosted Sarbagita Urban Area, which is held without permission to be determined as follows:
1. contrary to the provisions of this Presidential Regulation, utilization of the space concerned was crucified and adapted to the function of the region in the detailed plan of the spatial layout and zoning regulations set by the local government based on This President ' s Rule; and
2. Which corresponds to the provisions of this Presidential Regulation, expedited to obtain the required permission.
e.   The people who control the land are based on customary rights and/or rights to the land in accordance with the provisions of the laws, which due to the governance of Sarbagita's Urban Areas layout it is not appropriate anymore, then Completion is set in accordance with the provisions of the laws.
(2) Throughout the regional layout plan and/or the detailed plan of the layout of the following zoning regulations including the zoning ren-cana region of coastal areas and small islands of provinces and counties/towns in the Urban Area of Sarbagita yet set and/or adapted to this Presidential Regulation, used the Sarbagita Urban Area layout plan as a reference to the granting of space utilization permits.
8. Image caption Section, Part Number II-97-2-25-2, and Part Number II-97-2-25-4 Map of the Patterns of the Urban Area of Sarbagita as contained in Appendix II of the Presidential Regulation Number 45 Year 2011, amended so that the Regional Pattern Map of the Area The City of Sarbagita has been the case of Appendix I of this Presidential Regulation which is an inseparable part of the President's Ordinance.
9. Indication of the Major Program of the Five Annual Pilgrimage Utilization of the Urban Area Room as contained in Annex III of Presidential Regulation No. 45 of 2011, amended by adding an indication of the main program, the indication of location, the indication Funding sources, indicative of the executor, and indication of time for execution of the spatial pattern for the P Zone so that the Indication Of The Five-annual Primary Program Directing of the Sarbagita Urban Area Space is becoming as set forth in the Attachment II Rule of this President which is an inseparable part of The President's rules.

Section II
The President's rules are valid from the date of the promulgations.
In order for everyone to know, order an invitation to the Presidential Regulation with its placement in the State Sheet of the Republic of Indonesia.

Set in Jakarta
on May 30, 2014
PRESIDENT OF THE REPUBLIC OF INDONESIA,

-DR. H. SUSILO BAMBANG YUDHOYONO

Promulgated in Jakarta
on June 3, 2014
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN