Pengaturan Pemanfaatan Ruang di Atas Tanah dalam Penerapan Kadaster 3-Dimens

Abstract. Increasing activity at the infrastructure construction in urban areas causes a revolution in the infrascructure become vertically oriented, means using the space either above or under the land surface. Law Number 16 Year 1985 about Stack Houses have given the arrangement about land registration based on space. This arrangement only to regulate use of space vertically, which the space has land rights and become unseparated part from its building. Therefore, it's necessary to have a regulation about use of the space above the ground which has nothing related with its land rights and basically it's about authorization of space based on volume, therefore it is necessary to apply cadastre 3D concept in its regulation. The study case in this research is Beringhajo Market (Pasar Beringhajo) building which is located on Pabringan Street. The data that are collected consist of physical and juridical data. The 3D cadastre that applied is using Full 3D Cadastre Alternative Combined 2D/3D method as the most accurate method for regulating use of space above the land surface. This method is also used as reference for designing the form of rights and spatial data for use of space above the land surface. The rights form is a product from processing physical and juridical data, while spatial data form is only from physical data processing. From this form designing, a new rights institution which is called rights for using space above the land surface (Hak Guna Ruang di Atas Tanah/HGRAT), and spatial data in volumetric land which is formed in 2.5D registration map and document of measurement certificate, was formed. Keywords : 3D cadastre, use of space above the land surface.

The Study on the Utilisation of Spatial Unit Above and Beneath the Surface in Indonesia based on 3D Cadastre System

The development of vertical constructions in cities in Indonesia has, to some extent, urged the adaptation of its cadastral system to cope with this type of development. As also happened in most mega cities in the world, the intensification of physical development in urban areas urges not only the utilisation of earth’s surface but also the space above and/or beneath it. The development of apartment units on mid 80s was followed by the promulgation of Act no. 16 year 1985 regarding Apartment Unit. Unfortunately, the arising needs of commercial spaces, which have been captured by the development of spaces above and beneath the surface, have not been able to be managed by the recent cadastral system of Indonesia. This paper highlights the measurement on the feasibility of the improvement of cadastral legal framework in Indonesia for providing the security of tenure regarding the employment of the space above and beneath the surface. The applicability of tenureship principles applied in Indonesia, as well as the legal and technical aspect of registration of 3D object in Indonesia, on the improvement of 3D cadastral system in Indonesia was measured by means of all 3D cadastral approaches namely 2D cadastre with 3D tags, hybrid cadastre and full 3D cadastre. Within the studies that are highlighted in this paper, Beringharjo Market in Yogyakarta was employed as the case study on the establishment of tenure for the space above the surface, while Blok M Shopping Centre, which is located beneath Blok M Terminal in Southern Jakarta, was studied for acquiring the insights on the establishment of tenure for the space beneath the surface. Furthermore, the implications on the further improvement of cadastral system of Indonesia are also provided in this paper. Through this paper, the employment of Spatial Unit term for representing any 3D unit is also quickly introduced. The working definition of Spatial Unit is a 3D unit that is wholly enclosed by either physical or imaginary surface(s), which is located partly or completely on, above and beneath the surface of the earth and sea. In fact, this term has been at least partially applied within the existing cadastral concept. Land is a physical thing that encompasses the surface of the earth and all things attached to it both above and beneath. The definition reflects a direct relationship between land and space, even though the space itself is not restricted by its volume. The employment of Spatial Unit in marine and waters cadastre is even more obvious as, in some extent, the 3D representation of rights is enormously important for controlling and regulation marine activities, as well as facilitating ocean governance