Building Safety: Impractical & Exorbitant State Regulations?

Industrial building integrity discourse in Indonesia has been always brought adversarial debates between the proponents and the opponents. The proponents suggest that the existing theoretical framework should be adhered for a reason of, inter alia, workplace safety and rule of law. The opponents, however, claim that in practical reality the state regulations are silent as there is lack of the necessary state instrument to achieve compliance. It leaves the application to private agency (building consultant and testing agency) so that the pursuant of necessary safety certificate is costly. Further, the complexity of regulation structures in Indonesia, of which the state entrust the practical instrument responsibility to regional governments resulting in the absence of technical regulations in the regional level.

There are several regulations of building safety issued by the state. The main regulations on building safety include:

  1. Building Act No. 28 of 2002
  2. Government Regulations No. 36 of 2008 on the Implementation of Building Act No. 28 of 2002
  3. Regulation of the Minister of Public Works No. 25/PRT/M/2007 on Certificate of (Building) Functionality
  4. Regulation of the Minister of Public Works No. 26/PRT/M/2008 on Fire Protection System in Building and Building Environment
  5. Regulation of the Minister of Public Works No. 29/PRT/M/2009 on Guidelines of Building Technical Requirements.

In the nutshell, there are two primary conditions that should be adhered in regard with building safety: administrative and technical. This likely perceived as uncomplicated, easy, and simple requirements. However, it is transpired as a flood of state regulations. Of the above list, for instance, there are numerous other Minister Regulations and Regional Regulations on Building Safety. It is so many; it is likely very complex for one to get a good understanding on building safety regulations, the respective regulatory agency and the regulatory instruments.

In reality, there is no room for waiving building safety regulations. There are already numerous incidents and accidents occurred in the past years due to unsafe building integrity. Building safety is about people lives which are priceless. It is about business responsibility to protect the safety and health of those who work for them. It is about moral values, humanity over money. When people lives are at stakes, would the debates over cost and regulatory effectiveness ebb? Realistically, the answer is NO. The debate would never go away. As much as the moral value could be used to push compliance, it should not be used as the trump card for justifying ineffective state regulations regime.

UU No. 28 Tahun 2002

PP No. 36 tahun 2005 tentang Pelaksanaan UU No. 28 tahun 2000

PermenPUR No. 29_PRT_M_2006

PermenPUR No. 26_PRT_M_2008

PermenPUR No. 25_PRT_M_2007 tentang Sertifikat Laik Fungsi

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