Law Enforcement of Geospatial Information in Indonesia

Law Enforcement of Geospatial Information in Indonesia

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The most important element in any law is the enforcement. Without this key element, any law or other form of legislation product will not be successfully applied. The law Number 4 of 2011 is the milestone in Indonesia’s geospatial information management. Without proper enforcement, this good law will stay remain on paper.

Geospatial information law in Indonesia

Indonesian geospatial information management was quite messy back then. There was no law or regulation that can be referred. Geospatial information and its process were unqualified, likely partial and most of the time, data policies and functions were overlapping among the government agencies. As the consequences, geospatial data information were not fully available, not updated, not integrated and can’t be accessed easily.

In 2011, Indonesia government has taken a giant step in geospatial information management. Law number 4 on Geospatial Information has been implemented.

This comprehensive law is covering most of the aspect in geospatial management in Indonesia. Article 25 of the Law stated that the implementation of law has to be done through these 5 important stages, which is in geospatial data collecting, data and information process, storage and security, data dissemination and data utilization.

When we look back at all of those stages, it can be concluded that the present geospatial information management after Law Number 4 of 2011 is much more organized, better in quality, scalable, and most importantly it have a legal basis so that the Implementation of Geospatial Information can be carried out properly and also help in producing the high quality Geospatial Information that can be used as the basis for policy and decisions making.

Law in Indonesia

The law itself is an official regulations and restrictions that designed to manage a country's society. Law can also be interpreted as the protection instrument to human rights. According to Soeroso, SH 1990, the law is a set of rules made by the authority to govern the social life that has ruling and banning characteristics. Basically, Indonesia laws are based on European legal systems whereby all various provisions of law will be compiled and systematically interpreted by the judges in its application. Besides that, Indonesia also practicing the custom and religious law in its legal system.

In relation to the geospatial information management, the Law Number 4 of 2011 and its derivatives regulation is a legal basis in the implementation of geospatial information management in Indonesia. It will be the basis for determining the legality of a Geospatial Information Implementation in Indonesia.

The most important element in any law is the enforcement. Without this key element, any law or other form of legislation product will not be successfully applied. Sanction, is a penalty or coercive measure that results from failure to comply with a law, rule, or order and also legal instrument in law enforcement. Similarly, this is applied to Law No. 4 of 2011 on Geospatial Information

There are two regimes of sanctions in the Law Number 4 of 2011. The first is administrative sanctions and the second one is the criminal sanction.

Administrative Sanctions

In administrative law, the sanction is a power public law tool that can be used by the government in response to non-compliance with the obligations contained in the administrative law norms. Administrative sanctions in the Law itself can be seen in the Chapter IX of Article 63 and divided into two. Reparatoir sanctions will response to restore the situation back in accordance to the law and whereby the Condemnatoir sanctions is on the punishment. In Article 63 paragraph 2, administration sanctions that will be given for administrative violations are either by a written warning, temporary suspension on part or all activities, fine and licence revocation.

As we can see, the goal of this administrative is to restore the original situation with the element of punishment, and more toward to the actions and not to individual.

Criminal Sanctions

The second regime is a criminal sanction, which essentially be regarded as an affliction (plight) deliberately imposed / inflicted to a person who has been found guilty under the criminal act.

According to Van Hamel, 1984, criminal law is “An affliction of a special characteristics, which has been imposed by the competent authority to the offender on behalf the state in charge of law because the person has violated a rule of law that must be enforced by the state.”

There is criminal provisions in the Law Number 4 of 2011 on Geospatial Information which can be found in the Article 64 through Article 69 against the acts that may be dangerous for human life and property.

These actions can be seen in the table below:

Article

Actions

Article 58

Eliminate, destroy, take, move, or change the physical property which is part of the Geodetic Horizontal Network, Geodetic Vertical Network, Gravity Network and survey instruments that are being used without right and against the law

Article 59 paragraph 1

Change the Base Geospatial Information and disseminate the results without permission from the Geospatial Information Agency

Article 59 paragraph 2

Disseminate the Base Geospatial Information that has been changed without permission from the Geospatial Information Agency.

Article 60 paragraph 1

Change the Thematic Geospatial Information and disseminate the results without permission from its organizer

Article 61

Present the Geospatial Information that not appropriate with the level of accuracy of data sources that make people and / or goods losses

Article 62

Disseminate the Geospatial Information that have not ratified

There are two types of criminal sanctions:

a. Main Penalty such as dead, imprisonment, and fines sentence

b. Additional Penalty such as publication of judicial verdict

For Law Number 4 of 2011 on Geospatial Information, there is only use two types of criminal sanction being imposed, either by prison sentence or fines sentence. The criminal offense against the Law Number 4 of 2011 will be processed, either by inquiry, investigation, prosecution, trial, or resistance according to Indonesia Code of Criminal Procedure (CCP).

The sanction for the criminal act is quite heavy. It could be up to six years in the prison while the fine would be up to one billion two hundred fifty million rupiahs (USD 100,000)

If we look at the two sanctions regimes above, it can be concluded that all violations of all provisions in that law can be punished with a heavy penalty. However, this is done for a good aims, to achieve the peace in the society. Therefore, if we look at from certain angle, the community may take benefit from enforcement of the law. Of course, this law will not be applicable if the efficient enforcement element is not in place. A good law is the law which could become a successful social engineering and social control for the people.

The law Number 4 of 2011 is the milestone for Indonesia’s geospatial information management. The purpose of this law is to be a legal basis for geospatial information management in Indonesia. It will tell us how to deal and manage the geospatial information in Indonesia. The key success for this law is the enforcement. Without proper enforcement, the law will stay remain on paper and our dream to have a good geospatial information management will not become a reality; Indonesia just lost her competitiveness in the global economic challenges.

Akbar Hiznu Mawanda is an in-house lawyer at Geospatial Information Agency of Indonesia (BIG), a government agency which is responsible on Geospatial Information affairs in Indonesia.