Urban green open space in developing countries: Indonesia regulations, problems and alternative solutions
| Date | 15 May 2024 |
| Pages | 134-151 |
| DOI | https://doi.org/10.1108/JPPEL-01-2024-0002 |
| Published date | 15 May 2024 |
| Subject Matter | Property management & built environment,Building & construction,Building & construction law,Real estate & property,Property law |
| Author | Maret Priyanta,Cut Sabina Anasya Zulkarnain |
Urban green open space in
developing countries: Indonesia
regulations, problems and
alternative solutions
Maret Priyanta
Environmental. Spatial and Agrarian Law –Faculty of Law,
Universitas Padjadjaran, Sumedang, Indonesia, and
Cut Sabina Anasya Zulkarnain
Faculty of Law, Universitas Padjadjaran, Sumedang, Indonesia
Abstract
Purpose –This paper aimsto work toward a new approach in providing green openspaces in the middle of
urban land in Indonesia that has been densely built up and on it has attached land rights. An approach is
needed through a specific spatial policy that contains zoning regulations for the provision of public green
open spaceson top of residential houses built on the green zoning plans.
Design/methodology/approach –This approach considers an interconnected ecological holistic
approach, as previously existing regulations have not normatively identified the green open space as an
ecologicallandscape consisting of blue open spacesand several objects that function as green openspaces.
Findings –Indonesiain terms of green open spacefor local climate instrumentis still identified as one of the
three lowest countries in Southeast Asia in the number of green open space areas. We found that the
regulating process of development rights and property rights, in the construction of Indonesian law, still
requires many alternative effortsto this day in providing urban green open spaces. The delivery of desired
outcomes depends on the alternative policy as a form of legal politics in compensating planning and
communityinterests through developing green openspaces in an ecoregion approach.
Originality/value –This writing was shaped by the understandings of the author with regards to the
development of urbangreen open space regulating issues in Indonesia as oneof the emerging country group
in Asia and Jakarta as the second-most populous urbanarea in the world. This paper aims to work toward
providing green urban open spaces in Indonesiathat has been densely built up and on it has attached land
rights, througha specific spatial policy that contains zoning regulationsfor the provision of public green open
spaces on top of residentialhouses built on the green zoning plans.
Keywords Green open space, Planning, Spatial, Law, Urban
Paper type Research paper
Introduction
The world is currently facing global problems with the increasingly tangible impacts of
climate change on the environment due to various human activities in using natural
resources. The smallest act and role of the statein reducing the effects of climate change has
a significant impact on the sustainabilityof humanity. The commitment of several countries
in 1992 from the Earth Summit became the basis of the climate change mitigation and
adaptation efforts through variousforms of active roles, multiple policies and activities that
reflect a shared commitmentto protect the Earth, which is only one and irreplaceable.
JPPEL
16,2
134
Received16 January 2024
Revised23 March 2024
Accepted16 April 2024
Journalof Property, Planning and
EnvironmentalLaw
Vol.16 No. 2, 2024
pp. 134-151
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-01-2024-0002
The current issue and full text archive of this journal is available on Emerald Insight at:
https://www.emerald.com/insight/2514-9407.htm
Mitigation of climate change by encouraging various policies to place aspects of natural
resources continues to be carried out. Collaboration and cooperation between countries are
essential factors considering the potential of different resources in different parts of the
continents. Differences in development patterns caused by various environmental characteristics
result in different roles and responsibilities of countries in the world in line with the principle of
common but differentiated responsibilities agreed upon at the United Nations Framework
Convention on Climate Change (UNFCCC). In line with the development of various climate
change mitigation schemes, various climate change ada ptation schemes have been developed by
several countries in response to the current world situation and conditions.
The global policyin the 1997 Kyoto Protocol places developedcountries as countries that
are obliged to reduce greenhouse gas emissions to slow the impact of climate change. The
condition indicates that developing countries,especially those that still ownand protect their
natural environment, certainly have a different role. Community welfare that developing
countriescontinue to strive for is a logicalreason for the direction of international community
policies to encourage cooperationbetween developed and developing countrieswith different
rolesbutthesamegoal.
As one of the currently developing countries, Indonesia is currently developing its
physical infrastructures but is not required to reduce its emissions based on the Kyoto
Protocol of 1997. However, they took the policy agenda to contribute more actively than
other countries. The policy agenda is done by developing a scheme in the action plan for
reducing greenhouse gas emissions as a reflection of its “free and active foreign policy.”
Based on the identification of resources in Indonesia, the forestry sector is the main sector
that needs to maintain its function by promoting policies to prevent deforestation and
degradation of the forestareas. This policy is based on the fact that, technically, forests have
a carbon absorptionfunction to reduce the impact of global climate change.
The fact that Indonesia as a developing country encourages the development of urban
areas, which have nonagricultural main activities, with the area function as a place for
urban settlements, centralization and distribution of government services, social services
and economic activities. In this scheme, in urban areas, physical development will be
dominant, compared to activities based on the protection of natural resources which
support the realization of a comfortable environment and clean air. Even though urban
areas were currently encouraging eco-living policies through the development of public
transportation, the local climate protection function of the urban regions cannot be
replaced.
Green open space for localclimate instrument, has significant impact in urban areas such
as Jakarta due to seasonal flooding and rising air pollution, yet still identified as one of the
three lowest countries in South East Asia in the number of green open spaceareas (Aldous,
2011). In 2007, the spatial planning regulations in Indonesia required the provision of 30%
green open spaces in urbanareas. Spatial plans that have a time interval of 20 yearsfor their
realization encourage the governmentto realize the provision of adequate green open spaces
as local climate controllers in urban areas in Indonesia. This provision is a formal
requirement when the government determines the spatial plan in the form of regulations.
The challenge of providing 30% green open space is not only regarding the availability of
land, but also in ensuring that the land delivers the protective function that essentially
protects humans.
In cities in the tropics, urban open green spacesare of particular importance as they offer
shading and cooling to mitigate the urban heat island effect and air pollution (Gago et al.,
2013). However, developing countries face higher levels of impact in various urban green
open spaces implementationchallenges, including high land prices inurban areas, where the
Urban green
open space
135
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