Spatial Planning Bill: Several Key Changes to the Implementation of Spatial Planning

Introduction

On 13 August 2026, the Regional Representative Council of the Republic of Indonesia (“DPD RI”) adopted Decision of the Regional Representative Council of the Republic of Indonesia Number 49/DPD RI/V/2025-2026 concerning the Bill on Spatial Planning (the “Spatial Planning Bill”). The decision serves as the basis for submitting the Spatial Planning Bill to the House of Representatives of the Republic of Indonesia (“DPR RI”) as a bill originating from the DPD RI. The Spatial Planning Bill is intended to replace Law Number 26 of 2007 concerning Spatial Planning and to strengthen the implementation of integrated, climate change-adaptive, and digitally based spatial planning.

The Spatial Planning Bill regulates spatial planning to respond to climate change, disaster risks, urbanization, digital transformation, and the need for food, energy, and water security. The Bill is also intended to address disharmony and overlapping norms, strengthen integration between the Central Government and Regional Governments, and ensure legal certainty and protection of community rights, including through strengthened integration of spatial data under the One Map Policy.

Comparison

This Bill will revoke and replace Law Number 26 of 2007 concerning Spatial Planning (State Gazette of the Republic of Indonesia of 2007 Number 68, Supplement to the State Gazette of the Republic of Indonesia Number 4725), as expressly provided in Article 103 of this Bill. The following is a comparison of several key regulatory aspects between the new provisions under the Bill and the provisions to be replaced:

Key Provisions

• Tiered and Integrated Implementation of Spatial Planning

Article 5 provides that Spatial Planning is implemented by the Government and Regional Governments in an integrated, tiered, and coordinated manner. Article 6 grants the Government the authority to establish national policies and the National Spatial Plan (RTRW Nasional), while Articles 7 and 9 regulate the authority of Regional Governments in preparing Provincial and Regency/City Spatial Plans (RTRW).

To support coordination across levels of government and sectors, Article 11 establishes the TKPRN and TKPRD as ad hoc teams. In their implementation, the relationship between the TKPRN/TKPRD and the National Land Agency (BPN) is coordinative and functional, particularly where the issues being addressed relate to land matters. The BPN may be involved in the TKPRN as a member as necessary, while in the TKPRD, the participation of land-related elements is carried out through the relevant regional apparatus. Further provisions concerning the composition, membership, and working mechanisms of the TKPRN/TKPRD will be regulated by Government Regulation (PP). Furthermore, Article 19 regulates tiered spatial planning, commencing with the National Spatial Plan (RTRW Nasional), Island/Archipelagic Spatial Plan, Provincial Spatial Plan (RTRW Provinsi), and Regency/City Spatial Plan (RTRW Kabupaten/Kota), which pursuant to Article 29 must be integrated into a single system covering land, sea and seabed, airspace, and underground space. This integration is reinforced by Article 31, which requires the Government to establish a nationally integrated digital-based Spatial Planning system, including for the collection, processing, presentation, and updating of data.

• Detailed Spatial Plan (RDTR) as the Basis for Certainty in Space Utilization

Article 34 provides that Space Utilization in urban areas shall be carried out based on the Detailed Spatial Plan (RDTR), which provides certainty regarding locations, types of activities, supporting facilities and infrastructure, and the intensity of space utilization. Article 40 establishes the RDTR as the basis for the issuance of a spatial planning conformity confirmation letter, which must be obtained for every business and non-business activity. Furthermore, Articles 35 through 38 permit the preparation of RDTRs through community self-help initiatives or cooperation between the Government and the community, subject to certain requirements, including having legal entity status and holding land rights over a specified area.

• Instruments for Controlling Space Utilization

Article 51 provides for three instruments for Space Utilization Control, namely zoning regulations, the granting of incentives and disincentives, and the imposition of sanctions. Article 55 regulates incentives in the form of fiscal incentives, such as tax relief and subsidies, as well as non-fiscal incentives, such as the provision of infrastructure and additional development rights. Article 56 regulates disincentives in the form of higher taxes, fines, and even moratoria for space utilization that deviates from the applicable provisions. Furthermore, Article 58 regulates administrative sanctions in the form of written warnings, demolition of buildings, and administrative fines for violations that have not resulted in loss of life or permanent damage.

• Dispute Resolution through a Special Institution

Article 60 provides that disputes and conflicts concerning Space, as well as residents’ objections to Space Utilization, shall be resolved through the Spatial Planning Dispute Resolution Institution, which is under the coordination of the Government but is autonomous and independent in carrying out its functions. The institution is authorized to examine and facilitate the resolution of disputes and conflicts concerning Space, follow up on residents’ objections, determine solutions to Space Utilization conflicts, and order the restoration of spatial functions. Article 68 provides that further provisions concerning the institution shall be regulated by Presidential Regulation, while Article 102 requires its establishment no later than 2 (two) years from the promulgation of this Law.

• Real-Time Monitoring-Based Supervision

Article 74 provides that the Government and Regional Governments shall conduct periodic supervision of planning, Space Utilization, and Space Utilization Control through monitoring, evaluation, and reporting. Article 75 divides supervision into internal supervision to ensure compliance and external supervision based on Spatial Planning performance, including conformity of Space Utilization, benefits to the community, and the environmental carrying capacity and assimilative capacity. To support such supervision, Article 76 provides for manual and real-time monitoring covering spatial plan data, spatial planning conformity, and Space Utilization, with the results stored on a nationally integrated digital platform. Where significant deviations are identified, Article 77 provides for a partial evaluation, a comprehensive evaluation every 5 (five) years, or an investigative Spatial Planning audit. The results of such evaluations may serve as the basis for amending or revising spatial plans.

• Community Participation at All Stages

Article 78 affirms that the Community has the right to participate in the implementation of Spatial Planning in order to increase Community support, ensure transparency and accountability, protect Community interests, and realize fairness in Space Utilization. Article 79 regulates the Community’s rights to obtain information on spatial plans, provide input, obtain benefits fairly, submit objections and complaints, and receive protection from the negative impacts of Space Utilization. Article 80 guarantees the confidentiality of parties reporting alleged violations through digital platforms or complaint mechanisms provided by the Government. Furthermore, Articles 81 and 82 provide that participation shall be carried out freely, without intimidation, and from the earliest stage through public consultations, dialogue forums, deliberations, submission of opinions, and other forms of participation. In practice, the Community may participate in planning by providing input and submitting objections, in Space Utilization through management or development in accordance with Spatial Planning and cooperation with the Government or business entities, and in control through supervision, reporting of alleged deviations, and submission of objections.

• Recognition and Protection of the Rights of Indigenous Peoples

As one of the key innovations introduced by this Bill, Articles 83–87 regulate the recognition and protection of the rights of Indigenous Peoples in Spatial Planning, including the right to preserve and manage customary territories, protection of living spaces and cultural identity, and participation in decision-making. Customary territories must be mapped through a participatory process and incorporated into spatial plans, and must be protected from activities that adversely affect the community, environment, and culture. In the event of Space Utilization for national interests, Indigenous Peoples have the right to be heard, to receive fair compensation, and to obtain restoration of their rights in the event of a violation.

• Strengthening of Criminal Provisions, Including Corporate Liability

CHAPTER IX regulates criminal sanctions for various violations of Spatial Planning, including Space Utilization that is inconsistent with spatial plans, unlawful changes to protected areas, issuance of KKPR that is inconsistent with the applicable provisions, falsification of data, and obstruction of supervision. Article 89 provides for imprisonment of up to 5 (five) years, or 8 (eight) years if the violation causes serious impacts such as permanent damage to protected areas or the loss of the living space of Indigenous Peoples. Article 91 also regulates sanctions against officials who issue approvals that are contrary to spatial plans. In addition, Article 95 introduces corporate criminal liability, with sanctions including dissolution of the corporation, while Article 96 permits additional criminal sanctions in the form of compensation, demolition of buildings, and environmental restoration.

Transitional Provisions

As regulated in CHAPTER X, Article 97 provides that existing implementing regulations concerning Spatial Planning shall remain in force insofar as they do not conflict with this Law. Article 98 provides that established RTRWs, RDTRs, and zoning regulations shall remain in force until adjustments are made, subject to a deadline for adjustment of the National Spatial Plan no later than 6 (six) months after the inauguration of the President, the Provincial Spatial Plan no later than 6 (six) months after the inauguration of the Governor, and the Regency/City Spatial Plan no later than 6 (six) months after the Provincial Spatial Plan is established. Article 99 provides that Conformity of Space Utilization Activities, Space Utilization approvals, and business licenses that have been issued shall remain valid until their validity periods expire or adjustments are made. Furthermore, Article 100 provides for the obligation of the Government and Regional Governments to adjust implementing regulations and Spatial Planning documents within no later than 3 (three) years, Article 101 provides for the development and integration of the national digital-based Spatial Planning System within no later than 5 (five) years, and Article 102 provides for the establishment of the Spatial Planning Dispute Resolution Institution within no later than 2 (two) years from the promulgation of this Law.

Closing

The Spatial Planning Bill introduces several important changes to the implementation of Spatial Planning, particularly through the integration of digital-based planning, strengthened supervision and control, and the establishment of a dedicated mechanism for dispute resolution. The Bill also strengthens the role of the Community, including the recognition and protection of the rights of Indigenous Peoples, and reinforces criminal sanctions and corporate liability for violations of Spatial Planning. Through these changes, the Bill is expected to establish a more integrated, transparent, and adaptive system of Spatial Planning, while providing greater certainty and protection for the Community.