The Indonesian government has issued the implementation regulation for Article 216 and Article 260 (4) of Law Number1 of 2009 regarding Aviation (the Aviation Law). This implementation regulation is issued as Government Regulation No. 40/2012 Airport Construction and Environment Preservation (“Government Regulation”).
The provisions of note are:
The location for the construction of a new airport is determined the Minister of Transportation by considering:
- the airport national master plan;
- aviation safety and security;
- the local culture and other activities within the airport location;
- the economic, financial, social, developmental, technical, operational, and environmental suitability.
The determination of the location of a new airport is valid for 5 years;
The airport master plan must cover a 20 year period and the plan must include: an estimate of the passenger and cargo services; facility requirements; facility layout; building phases; land utilization requirements; work environment areas; environmental interest areas; flight operation safety areas; and noise area limits;
The construction of an airport requires a construction permit that is issued by the Minister. In reviewing the application for the permit the Minister must ensure that all of the requirements including the environment preservation requirements are complied with, and must consider the technical guidance provided by the Minister of Public Works;
The procedure for the application for the airport construction permit will be issued in a separate Minister regulation.
Airports which do not have an airport master plan as meant in the Aviation Law and this Government Regulation are given three years to comply with that requirement.
The penultimate provision of this Government Regulation stipulates that the Minister Regulation regarding the exact subject matter of this Government Regulation remains valid as long as it is not in contradiction with this Government Regulation or as long as it has not been replaced by a new regulation pursuant to this Government Regulation.