Under Article 32 paragraph (2) Law Number 26 of 2007 on Spatial Planning, underground utilization can be conducted either vertical or underground (“Underground Utilization”). Underground utilization is various forms of underground utilization, which is below the ground surface for a variety of human activities. This underground utilization can be used as a solution to some issues and needs for the utilization of space on the earth surface, among others is to prevent a clash of underground utilization, so that certain activities can be conducted and placed underground. In addition to positive impact of such solutions, underground utilization may also cause a negative impact. Therefore, underground utilization requires reference in its implementation so it can be conducted optimally and negative impact as well as risk that may occur can be minimalized. Regulation of the Minister of Public Works Number 02/PRT/M/2014 on Guideline of Utilization of Underground Space (“Permen PU No.02/2014”) is effective on the date of its promulgation, which is 24 February 2014.

The issuance of this Permen PU No.02/2014 is mandatory under Law Number 26 of 2007 on Spatial Planning and intended as a reference for Government, provincial government, regency/city government, and other stakeholders in conducting the underground utilization.

The scope of this Permen PU No.02/2014 includes:

  1. general provisions;
  2. technical provisions;
  3. plan of underground utilization.

General Provisions of Utilization of Underground Space

The underground utilization is conducted by considering as follows:

  1. basic needs of underground utilization conducted on the basis of:
  2. overcoming the limitation of land in the earth surface;
  3. actualizing the integration activities;
  4. maintaining and improving the quality of space;
  5. The principle of underground utilization, which consists of the principle of: harmony and alignment, sustainability, effectiveness, transparency and solidarity, legal certainty and fairness, security, safety, and comfort;
  6. Classification of underground utilization, which includes: underground utilization according to the type of facility and the scale of its services;
  7. Underground utilization study, such as: geological, disaster, environmental, and social and economic feasibility studies; and
  8. General rules of underground utilization, namely rules that shall be referred in the implementation of underground utilization.

Technical Provision of Utilization of Underground Space

Type of activities and its position are set by considering the depth level of underground utilization, which consists of shallow and deep space on earth.

The shallow underground utilization is prioritized for activities as follows:

  1. which existence is near to or blend with adjacent spaces or activities on the surface;
  2. that require an access from and to shallow space on earth;
  3. which resources are located in the shallow space on earth;
  4. based on the study result and/or certain reason can or shall be placed on shallow space on earth and/or cannot be placed on deep space on earth.

The deep underground utilization is prioritized for activities as follows:

  1. that connect between activities, regional, and/or main network;
  2. that require a high standard of safety;
  3. the resources are located in the deep space on earth; and
  4. based on the study result and/or certain reason can or shall be placed on deep space on earth and/or cannot be placed on shallow space on earth.

Underground utilization for public and private interest shall obtain a technical recommendation. Particularly for the underground utilization for private interest is required a permit.

Plan of Underground Utilization

The underground utilization is conducted based on the plan of underground utilization which consists of:

  1. conformity of underground utilization with the structure and pattern on the surface of the earth;
  2. direction of underground utilization; and
  3. requirements of underground utilization.

The plan of underground utilization is the result of study, used as one of the prerequisites in order to conduct underground utilization. The composition of this plan is conducted by the implementer of underground utilization by referring to Permen PU No.02/2014.

The stages of underground utilization plan are as follows:

  1. determination on the requirement of underground utilization;
  2. determination on the type classification of underground utilization;
  3. analysis and study; and
  4. plan formulation of underground utilization.

If it is required, regional government may compile an implementing guidelines and/or technical guidelines to implement this Permen PU No.02/2014.

Deby Selina Panjaitan