Transcript LAW ENFORCEMENT OF GEOSPATIAL INFORMATION IN INDONESIA ASIA GEOSPATIAL FORUM 2013 KUALA LUMPUR, MALAYSIA By : AKBAR HIZNU MAWANDA, S.H., M.H. Legal Consultant, Legal Drafter, In-House Lawyer of.

LAW ENFORCEMENT OF
GEOSPATIAL INFORMATION IN
INDONESIA
ASIA GEOSPATIAL FORUM 2013
KUALA LUMPUR, MALAYSIA
By :
AKBAR HIZNU MAWANDA, S.H., M.H.
Legal Consultant, Legal Drafter,
In-House Lawyer of Geospatial Information Agency
- [email protected] - +628563221482 -
METHODOLOGY
O Statute Approach
O Conceptual Approach
GEOSPATIAL INFORMATION
MANAGEMENT
O Before The Law Number 4 of 2011
on Geospatial Information existed
O After The Law Number 4 of 2011
on Geospatial Information existed
BEFORE
O Geospatial information is not fully available
and up to date yet.
O Geospatial information is not nationally
integrated.
O Geospatial information can not be accessed
easily.
AFTER
O Article 25  more comprehensive !!!!
O Geospatial data Collecting;
O Processing geospatial data and geospatial
information;
O Geospatial data and information storage and
security;
O Dissemination of geospatial data and
geospatial information, and
O Geospatial information utilizing.
HOW ABOUT LAW
ENFORCEMENT???
O What did its sanctions regime???
O How was its law enforcement??
O Why so important??
THE SANCTIONS REGIME??
O Geospatial Information Law have
two sanction regimes
O Administrative sanctions
O Penal sanctions
ADMINISTRATIVE
SANCTIONS
O Administrative sanctions are sanctions that arise from the
relationship between citizen and government-held without a thirdparty intermediaries (judicial power), but it can be directly
implemented by the administration itself (JJ Oosternbrink)
O Charateristics
O Reparatoir  has purpose to restore a condition into the
original one
O Condemnatoir  give punishment
O Type
O
O
O
O
A written warning;
Temporary suspension of part or all of the activities;
Administrative fines, and / or
License revocation
O The purpose of this sanctions more toward to the action and
not the person
PENAL SANCTIONS
O criminal law itself is the law that arrange violations and
crimes against the law and public interest, which is
affliction punishable
O Purpose :
1. Deterrence - to prevent crimes
2. Retribution - to punish them for what they did
3. Rehabilitation - to get them whipped back into shape
4. Safety - to protect the public from dangerous criminals
O Type of Penal Sanction
O Imprisonment
O Fine sentence
O It was alternatives :
O The judge must choose between Imprisonment or Fine
Sentence
The Prohibited Action
O
O
O
O
O
O
O
eliminate, destroy, take, move, or change the physical property which is
part of the Geodetic Horizontal Network, Geodetic Vertical Network,
Gravity Network and survey instruments that are being used without
right and against the law (Article 58).
Change the Base Geospatial Information and disseminate the results
without permission from the Geospatial Information Agency. (Article 59
paragraph (1)
disseminate the Base Geospatial Information that has been changed
without permission from the Geospatial Information Agency. (Article 59
paragraph (2)
Change the Thematic Geospatial Information and disseminate the
results without permission from its organizer.( Article 60 paragraph (1)
disseminate the Thematic Geospatial Information that has been
changed without permission from its organizer. Article 60 paragraph (1)
make Geospatial Information Presentment that not appropriate with the
level of accuracy of data sources that make people and / or goods
losses. (Article 61)
disseminate the Geospatial Information that have not ratified (Article
62)
How was its law
enforcement??
O The factors:
O The substance of the legislation
O Law enforcer
O Facilities to support law enforcer
O Community factors
Why so important??
O Law as a tool of
O Social engineering
O Social control
O No enforcement = Law disfunction =
Indonesia Geospatial Information
Management failed
CONCLUSION
O The dissemination of Law No. of 2011 and its
regulations needs disseminate effectively and
efficiently to all of stakeholders, society, and law
enforcer.
O The Geospatial Information Law enforcement
has its own peculiarities in comparison with law
enforcement in other areas. Law enforcement
will not necessarily related to law enforcement,
but also must be supported by all stakeholders
related geospatial information.
THANK YOU
AKBAR HIZNU MAWANDA, S.H., M.H.
Geospatial Information Agency
- [email protected] - 08563221482 -