Planning Regulations, Urban
Development and Land for
Housing Provision
Prof. Haryo Winarso
Urban Planning and Design Research Group
School of Architecture Planning and Policy Development Institute Technology Bandung
Outline
• Introduction
• Competing ideological perspectives in planning regulations
• Planning restricts the use of land for urban development
• Land for housing: Jabodetabek case
• Land Banking for housing development
Introduction
• Not a law expert
• Looking at laws for urban Development from planners point of view
Competing ideological perspectives
• M Auslan’s, over 35 years ago, identified three distinct and
competing ideological perspectives in UK planning law:
• a) that the law should be used to protect private property;
• b) that the law should advance the public interest; and
Competing ideological perspectives
• Law no 5 of 1960 on Basic Agrarian Principles
• Has those three ideologies at the same time.
• It protects the private property: chapter II article 16 on the right on land
• It advances public interest:
• Article 6: All land rights have a social function.
• Article 7: To prevent the public interest from being harmed, excessive land ownership and possession is forbidden.
• Arti le 8 : On the asis of the State’s right of ontrol referred to in Article 2, the acquisition of the natural resources which are contained in the earth, water, and airspace is to be regulated.
• Article 18: In the interests of the public as well as of the nation and of the state and in the collective interests of the people, land rights can be revoked by providing appropriate compensation and in accordance with the
procedure which is to be stipulated by way of an Act. (Law no 2 of 2012)
• It also advance public participation
• Article 12:
• (1) All joint enterprises in the area of agrarian affairs are to be based on the common interest within the framework of the national interest and are to be undertaken in the form of cooperatives or other methods of gotong royong (mutual help).
Competing ideological perspectives
• Law no 26 of 2007 on Spatial Management
• It protects the private property: i.eArticle 60 regarding the right of every person
• It advances public interest: Basically this law is stressing the use of land for public interest ,more than protecting private property: i.e environment protection. i.e Article 7: State caries out spatial
management for the greatest benefit of the people
•
Planning regulations with those three
• Planning regulations, as widely accepted, will
1. Limits and geographic preferences on the density and intensity of development.
2. Design and performance standards for lots and buildings.
3. Cost shifting from the locality to the developer.
4. Withdrawal of land from developable supplies.
5. Direct and indirect controls on growth, applied against buildings and population.
(Deakin. 1989)
Planning restricts the use of land for urban
development
• Planning Regulation for example, RTRW/RDTR, Zoning Regulation,
environmental protection, and process requirements will cause delay and increasing cost to housing production:
1. Limits the supply of housing units and land usable for housing purposes, 2. cost increases, and
3. Delay due to the permit process.
Land for Housing: Jabodetabek Area
• Land for housing is limited due to the planning regulation while the
demand for housing is increases causing the soaring land price
Land for housing: Jabodetabek case
• Land price
Land for housing: Jabodetabek case
• There is a possibility of oligopolistic market due to the
interconnection among developers in Jabodetabek
• This type of market has made the price of land in the formal housing
development dictated by the developers.
• Land become commodity and source of income: Investment in land is
Kenaikan pertahun
2010-2014 2013-2014
Harga Lahan Jakarta (1) 18.72%
Harga Lahan Jakarta dan sekitarnya (2) 24.54%
Harga lahan di 11 proyek residensial di Jabodetabek (3)
34.83%
PDB (% yoy) 5.84% 5.0%
Inflasi (% yoy) 4.69% 8,36%
BI rate (% rata-rata periode) 6.57% 7.54%
BI rate (% akhir tahun) 6.70% 7.75%
Suku bunga deposito 12 bulan bank umum (%) 7.04% 8.24%
Harga emas (% akhir tahun) 8.19% -1.17%
IDR/USD (rata-rata periode) 7.14% 13.64%
IDR/USD (akhir tahun) 8.90% 2.06%
UMR/UMK 22.61 14%
Indeks Harga Perdagangan Besar Bahan Bangunan 4.13% 6.49%
TABEL 2
KOMPARASI KENAIKAN HARGA LAHAN DENGAN BERAGAM INDIKATOR
Sumber: (1) Properti Indonesia, (Nopember 2015), (2) Tim Peneliti Bank Indonesia (2015),
Kawasan Luas Kawasan (ha) Jumlah Proyek Luas Proyek (ha) Persentase
a b c d (d/b)
DKI Jakarta 66.233 48 2913,72 4,40% Kab. Bogor
Kota Bogor 242.045 86 9650,4 3,99% Kota Depok 20.029 104 1298,46 6,48%
Kab.Tangerang Kota Tangerang Kota Tangerang Selatan
126.072 80 14.491,42 11,49%
Kab. Bekasi
Kota Bekasi 148.439 89 15.793,24 10,64% Total 602.818 407 44147.24 7,32%
Kenaikan harga lahan di Jabodetabek 2010 2014
Wilayah
Persentase Kenaikan Harga Lahan
Rata-Rata (2010- 2011) (2011-2012) (2012-2013) (2013-2014)
DKI Jakarta
18,21% 21,01% 14,65% 10,85% 16,18% Kota Tangerang
28,57% 22,22% 63,64% 27,78% 35,55% Kota Tangerang
Selatan
16,38% 18,52% 25,00% 22,00% 20,47%
Kota Bekasi
28,57% 23,33% 49,10% 19,34% 30,08% Kota Depok
32,00% 51,52% 25,00% 40,00% 37,13%
Rata-rata Kenaikan Harga Lahan 2010-2014 24,54%
TABEL 4
JUMLAH DAN LUASAN PROYEK RESIDENSIAL DI JABODETABEK
Kategori Jumlah Persentase
Jumlah Luas (ha)
• One of the challenge for public housing development is the availability of land.
Land Banking for Housing Development
• Land banking can be
Land Banking for Housing Development
• BENEFITS: The following are some of the benefits attributable to a land bank:
1. TAX REVENUE: Since land banks can speed up the process for converting vacant,
abandoned, and foreclosed properties to productive use, the local government will experience an increase in property tax revenue generated by those parcels.
2. COST SAVING: Local governments are able to reduce costs associated with added police
services, emergency protection, inspections,
3. MAINTENANCE: Provides maintenance services for vacant lots and abandoned properties.
4. DEMOLITION: Able to undertake selective demolition of structures that are in serious
disrepair..
5. PARCEL ASSEMBLY: The land bank can assemble and hold parcels that are in close
proximity to one another for future transfer to a developer for housing, retail, and other purposes.
6. AFFORDABLE HOUSING: Affordable housing opportunities can be created through the
Luas lahan yang dikuasai pengembang swasta 2015
Sumber: Kartiwa , 2016
Land Banking for Housing Development
•
Land banking can be used to
•
Direct urban development
•
Ensure the availability of land for housing and
infrastructure
Summary
• Planning regulations restrict the use of land
• Planning regulations contribute to the increasing land price
• Land banking can be used as public instrument to provide land for
