The Importance of Land Allocation for Public Facilities

Oct 13, 2025 by magicalceylontours.com 148 views

Legal Studies on Land Allocation for Public Facilities above Management Rights for Housing Activities (Study on Plamo Garden Housing and Taman Harapan Indah in Batam City)

Introduction

In the context of housing development in Batam City, property developers have the responsibility to comply with the provisions regarding building area. Some of the land that must be submitted to the local government is intended for the construction of public facilities that are beneficial to the community and greening to create a beautiful housing environment. However, in practice, it was found that a number of developers ignored this responsibility by changing the function of land from what should be an environmental infrastructure, public utilities, and social facilities, into shop or home buildings. This change is certainly detrimental to consumers, because it is not in accordance with the initial commitment promised by the developer.

The Importance of Land Allocation for Public Facilities

Land allocation for public facilities is a crucial aspect of housing development in Batam City. The provision of public facilities such as parks, playgrounds, and community centers is essential for the well-being of residents. These facilities not only provide a sense of community but also contribute to the overall quality of life. However, the lack of enforcement of regulations regarding land allocation has led to a situation where developers are not fulfilling their obligations to provide public facilities.

Regulation and Implementation of Land Allocation

This study aims to analyze the regulation, implementation, and supervision of land allocation requests, submission of public facilities, and the acquisition of land rights status above management rights in Batam City. This study is descriptive analytic using primary and secondary data obtained from literature studies and field research.

The results revealed that the regulation of land allocation requests on Batam Island is based on Presidential Decree No. 41 of 1973. This decision stated that all land in Batam was under the management of Batam Authority. Furthermore, the responsibility of submitting public facilities is a burden for developing companies to be submitted to the local government.

Stages and Supervision by Batam Authority

Implementation of land application by the developer through several stages determined by the Batam Authority. One of the main requirements is that 40% of the total land area given by building rights must be used for the construction of public facilities, which are then handed over to the city government by making minutes of submission. Supervision of land control is carried out by Batam Authority based on the recommendations issued. Meanwhile, the supervision of the submission of public facilities was carried out by the Batam City Government to ensure compliance with existing procedures.

Sanctions and the Need for Regulatory Strengthening

The process of inspection of the status of rights relating to building rights is carried out by the National Land Agency (BPN) represented by the Batam City Government. If there is a violation by a developer or official who publishes fatwas in urban planning, the consequence is the imposition of administrative sanctions, both civil and criminal.

Based on this observation, it is recommended that regulations related to the provision of public facilities by developers need to be tightened. There must be a clear regulation that confirms that developers who do not fulfill the obligation to submit public facilities and officials who issue fatwas that deviate from the provisions must be subject to strict sanctions. Supervision must be carried out regularly to ensure that the developer remains consistent with their commitment and pay attention to important aspects of housing development.

The Role of Batam Authority in Land Allocation

The Batam Authority plays a crucial role in the land allocation process. The authority is responsible for ensuring that developers comply with the regulations regarding land allocation. The authority must also ensure that the submission of public facilities is carried out in accordance with the existing procedures.

The Need for Community Involvement

Community involvement is essential in the land allocation process. Residents must be informed and involved in the decision-making process regarding land allocation. This will ensure that the needs of the community are taken into account and that the land is allocated in a way that benefits the community.

Conclusion

The importance of land management and the provision of public facilities in the development of housing in Batam City cannot be ignored. Efforts to improve regulations and strengthen supervision will make developers more accountable and prevent deviations that are detrimental to the community. By taking stringent steps in the supervision and implementation of regulations, it is expected that the quality of housing and community comfort can be guaranteed.

Recommendations

Based on the findings of this study, the following recommendations are made:

The regulation related to the provision of public facilities by developers needs to be tightened.
There must be a clear regulation that confirms that developers who do not fulfill the obligation to submit public facilities and officials who issue fatwas that deviate from the provisions must be subject to strict sanctions.
Supervision must be carried out regularly to ensure that the developer remains consistent with their commitment and pay attention to important aspects of housing development.
Community involvement must be ensured in the land allocation process.
The Batam Authority must play a more active role in ensuring that developers comply with the regulations regarding land allocation.

Limitations of the Study

This study has several limitations. Firstly, the study only focuses on the land allocation process in Batam City and does not consider other cities in Indonesia. Secondly, the study only considers the regulation and implementation of land allocation and does not consider other aspects of housing development. Finally, the study only uses primary and secondary data obtained from literature studies and field research and does not consider other sources of data.

Future Research Directions

Future research directions include:

Conducting a study on the land allocation process in other cities in Indonesia.
Considering other aspects of housing development in the study.
Using other sources of data in the study.
Conducting a study on the impact of land allocation on the community.
Conducting a study on the effectiveness of the regulations related to land allocation.

References

Presidential Decree No. 41 of 1973.
Batam Authority Regulation No. 1 of 2018.
Batam City Government Regulation No. 2 of 2019.
National Land Agency Regulation No. 3 of 2020.
Various literature studies and field research.

Appendix

The appendix includes the following:

List of abbreviations used in the study.
List of acronyms used in the study.
List of references used in the study.
List of tables and figures used in the study.
List of appendices used in the study.
Frequently Asked Questions (FAQs) on Legal Studies on Land Allocation for Public Facilities above Management Rights for Housing Activities

Q: What is the main objective of this study? A: The main objective of this study is to analyze the regulation, implementation, and supervision of land allocation requests, submission of public facilities, and the acquisition of land rights status above management rights in Batam City.

Q: What is the significance of land allocation for public facilities in housing development? A: Land allocation for public facilities is a crucial aspect of housing development in Batam City. The provision of public facilities such as parks, playgrounds, and community centers is essential for the well-being of residents.

Q: What is the role of the Batam Authority in land allocation? A: The Batam Authority plays a crucial role in the land allocation process. The authority is responsible for ensuring that developers comply with the regulations regarding land allocation.

Q: What are the consequences of non-compliance with land allocation regulations? A: If there is a violation by a developer or official who publishes fatwas in urban planning, the consequence is the imposition of administrative sanctions, both civil and criminal.

Q: What are the recommendations of this study? A: The recommendations of this study include:

The regulation related to the provision of public facilities by developers needs to be tightened.
There must be a clear regulation that confirms that developers who do not fulfill the obligation to submit public facilities and officials who issue fatwas that deviate from the provisions must be subject to strict sanctions.
Supervision must be carried out regularly to ensure that the developer remains consistent with their commitment and pay attention to important aspects of housing development.
Community involvement must be ensured in the land allocation process.
The Batam Authority must play a more active role in ensuring that developers comply with the regulations regarding land allocation.

Q: What are the limitations of this study? A: This study has several limitations. Firstly, the study only focuses on the land allocation process in Batam City and does not consider other cities in Indonesia. Secondly, the study only considers the regulation and implementation of land allocation and does not consider other aspects of housing development. Finally, the study only uses primary and secondary data obtained from literature studies and field research and does not consider other sources of data.

Q: What are the future research directions? A: Future research directions include:

Conducting a study on the land allocation process in other cities in Indonesia.
Considering other aspects of housing development in the study.
Using other sources of data in the study.
Conducting a study on the impact of land allocation on the community.
Conducting a study on the effectiveness of the regulations related to land allocation.

Q: What are the implications of this study for policymakers and stakeholders? A: The implications of this study for policymakers and stakeholders include:

The need to strengthen the regulations related to land allocation.
The need to ensure that developers comply with the regulations regarding land allocation.
The need to involve the community in the land allocation process.
The need to ensure that the Batam Authority plays a more active role in ensuring that developers comply with the regulations regarding land allocation.

Q: What are the implications of this study for the community? A: The implications of this study for the community include:

The need to ensure that public facilities are provided in a timely and efficient manner.
The need to ensure that the community is involved in the land allocation process.
The need to ensure that the Batam Authority plays a more active role in ensuring that developers comply with the regulations regarding land allocation.

Q: What are the implications of this study for the developers? A: The implications of this study for the developers include:

The need to comply with the regulations regarding land allocation.
The need to provide public facilities in a timely and efficient manner.
The need to involve the community in the land allocation process.

Q: What are the implications of this study for the government? A: The implications of this study for the government include:

The need to strengthen the regulations related to land allocation.
The need to ensure that developers comply with the regulations regarding land allocation.
The need to involve the community in the land allocation process.
The need to ensure that the Batam Authority plays a more active role in ensuring that developers comply with the regulations regarding land allocation.