A Building is a physical result of construction work that is attached to its location, partially or entirely located above and/or underground and/or under water, which serves as a place for people to carry out their activities, both as residence or places to live, to conduct religious business, or social, cultural and other specific activities.
Indonesia has enacted several regulations concerning Buildings. Since 2002, the Government has enacted Law Number 28 of 2002 concerning Buildings (“Law 28/2002”). Further, in 2020, Law Number 11 of 2020 concerning Job Creation, also known as Omnibus Law (“Law 11/2020”), was enacted to amend several articles in Law 28/2002. To implement such regulations, the Government also enacted Government Regulation Number 16 of 2021 concerning the Enforcement of Law Number 28 of 2002 on Buildings (“GR 16/2021”).
The law provides that the implementation of building construction shall be conducted based on the principles of utility, safety, balance, and the compatibility between the building and the environment. The safety principle is used as the basis to ensure that the buildings have fulfilled the building requirements, i.e., technical reliability requirements to guarantee the safety of the building owners and the building users, as well as the community and the environment, in addition to the administrative requirements.
Moreover, building safety requirements encompasses 3 (three) aspects, i.e., (i) the payload ability, (ii) the ability to prevent and control fire hazards, and (iii) the ability to prevent lightning and electricity-related damage.
In the event the building owner and/or users do not fulfill their obligation concerning the function fulfillment, and/or building requirements, and/or building management, as regulated under the laws and regulations, the Law imposes administrative sanctions and/or criminal sanctions. Article 45, 46, and 47 of Law Number 11 of 2020 further stipulates the imposition of administrative sanctions and/or criminal sanctions.
The regulations on building safety as stated above can ensure the safety and security of buildings as residences or places to live and also as places to conduct religious, business, social, cultural, and other specific activities. (ALH)