KABUPATEN BEKASI – Inforayanews.co.id, – Beberapa waktu lalu terkait IMB dan SLF  sempat ramai diperbincangkan oleh beberapa pihak, terkait bangunan pemerintah daerah, termasuk terkait IMB Rumah Sakit Umum Daerah (RSUD) Kabupaten Bekasi Cibitung, sepengetahuan penulis terhadap RSUD Cibitung telah  memiliki Persetujuan Pemenuhan  Komitmen  Izin Mendirikan  Bangunan NO. 503/003/DPMT/SP/ 2021 tanggal 08  Januari 2021 dan kedepannya akan berubah menjadi Persetujuan Bangunan Gedung (PBG) mengikuti ketentuan hukum yang berlaku.

Padahal terkait IMB dan SLF setelah berlakunya  Omnibus law UU Cipta Kerja banyak mengubah sejumlah perizinan, salah satunya  Izin Mendirikan Bangunan (IMB) diganti dengan Persetujuan Bangunan Gedung (PBG).

Berikut ini perbandingan UU Nomor 28 Tahun 2002 tentang Bangunan Gedung dengan UU Cipta Kerja  Nomor 11 tahun 2020, yang penulis kutip dari kedua UU tersebut, sebagai berikut:
UU Bangunan Gedung
Pasal 5

1. Fungsi bangunan gedung meliputi fungsi hunian, keagamaan, usaha, sosial dan budaya, serta fungsi khusus.

2. Bangunan gedung fungsi hunian sebagaimana dimaksud dalam ayat (1) meliputi bangunan untuk rumah tinggal tunggal, rumah tinggal deret, rumah susun, dan rumah tinggal sementara.

3. Bangunan gedung fungsi keagamaan sebagaimana dimaksud dalam ayat (1) meliputi masjid, gereja, pura, wihara, dan kelenteng.

4. Bangunan gedung fungsi usaha sebagaimana dimaksud dalam ayat (1) meliputi bangunan gedung untuk perkantoran, perdagangan, perindustrian, perhotelan, wisata dan rekreasi, terminal, dan penyimpanan.

5. Bangunan gedung fungsi sosial dan budaya sebagaimana dimaksud dalam ayat (1) D

Dalam UU Cipta Kerja
Pasal 5 (diringkas menjadi 2 ayat)
1. Setiap bangunan gedung memiliki fungsi dan klasifikasi bangunan gedung.
2. Ketentuan lebih lanjut mengenai fungsi dan klasifikasi bangunan gedung sebagaimana dimaksud pada ayat (1) diatur dengan Peraturan Pemerintah.

UU Bangunan Gedung
Pasal 6

1. Fungsi bangunan gedung sebagaimana dimaksud dalam Pasal 5 harus sesuai dengan peruntukan lokasi yang diatur dalam Peraturan Daerah tentang Rencana Tata Ruang Wilayah Kabupaten/Kota.

2. Fungsi bangunan gedung sebagaimana dimaksud dalam ayat (1) ditetapkan oleh Pemerintah Daerah dan dicantumkan dalam izin mendirikan bangunan.

3. Perubahan fungsi bangunan gedung yang telah ditetapkan sebagaimana dimaksud dalam ayat (2) harus mendapatkan persetujuan dan penetapan kembali oleh Pemerintah Daerah.

4. Ketentuan mengenai tata cara penetapan dan perubahan fungsi bangunan gedung sebagaimana dimaksud dalam ayat (3) diatur lebih lanjut dengan Peraturan Pemerintah.

Dalam UU Cipta Kerja
Pasal 6 (menghapus IMB dan diganti dengan PBG).

1. Fungsi bangunan gedung sebagaimana dimaksud dalam Pasal 5 harus sesuai dengan peruntukan lokasi yang diatur dalam RDTR (Rencana Detail Tata Ruang).

2. Fungsi bangunan gedung sebagaimana dimaksud pada ayat (1) dicantumkan dalam Persetujuan Bangunan Gedung.

3. Perubahan fungsi bangunan gedung harus mendapatkan persetujuan kembali dari Pemerintah Pusat.

4. Ketentuan lebih lanjut mengenai tata cara memperoleh Persetujuan Bangunan Gedung sebagaimana dimaksud pada ayat (2) dan ayat (3) diatur dengan Peraturan Pemerintah. (Dalam pasal 1 ayat 11 disebutkan, Persetujuan Bangunan Gedung (PBG) adalah perizinan yang diberikan kepada pemilik bangunan gedung untuk membangun baru, mengubah, memperluas, mengurangi, dan/atau merawat bangunan gedung sesuai dengan persyaratan administratif dan persyaratan teknis yang berlaku).

UU Bangunan Gedung
Pasal 7

1. Setiap bangunan gedung harus memenuhi persyaratan administratif dan persyaratan teknis sesuai dengan fungsi bangunan gedung.

2. Persyaratan administratif bangunan gedung sebagaimana dimaksud dalam ayat (1) meliputi persyaratan status hak atas tanah, status kepemilikan bangunan gedung, dan izin mendirikan bangunan.

3. Persyaratan teknis bangunan gedung sebagaimana dimaksud dalam ayat (1) meliputi persyaratan tata bangunan dan persyaratan keandalan bangunan gedung.

4. Penggunaan ruang di atas dan/atau di bawah tanah dan/atau air untuk bangunan gedung harus memiliki izin penggunaan sesuai ketentuan yang berlaku.

5. Persyaratan administratif dan teknis untuk bangunan gedung adat, bangunan gedung
semi permanen, bangunan gedung darurat, dan bangunan gedung yang dibangun pada daerah lokasi bencana ditetapkan oleh Pemerintah Daerah sesuai kondisi sosial dan budaya setempat.

Dalam UU Cipta Kerja
Pasal 7

1. Setiap bangunan gedung harus memenuhi standar teknis bangunan gedung sesuai dengan fungsi dan klasifikasi bangunan gedung.

2. Penggunaan ruang di atas dan/atau di bawah tanah dan/atau air untuk bangunan gedung harus sesuai dengan ketentuan peraturan perundang-undangan.

3. Dalam hal bangunan gedung merupakan bangunan gedung adat dan cagar budaya, bangunan gedung mengikuti ketentuan khusus sesuai dengan ketentuan peraturan perundang-undangan.

4. Ketentuan lebih lanjut mengenai standar teknis sebagaimana dimaksud pada ayat (1) diatur dengan Peraturan Pemerintah.

UU Bangunan Gedung Bagian Kedua
Pasal 8,9,10,11,12,13,14 tentang Persyaratan Administrasi Bangunan Gedung
Dalam UU Cipta Kerja Pasal 8,9,10,11,12,13,14 UU Bangunan Gedung telah dihapus UU Bangunan Gedung
Pasal 16-33 tentang Persyaratan Keandalan Bangunan Gedung, yang berisi Persyaratan Keselamatan, Kesehatan, Kenyamanan, Kemudahan dan Fungsi Khusus Dalam UU Cipta Kerja Pasal 16-33 UU Bangunan Gdihapus

UU Bangunan Gedung
Pasal 36

1. Pengesahan rencana teknis bangunan gedung untuk kepentingan umum ditetapkan oleh Pemerintah Daerah setelah mendapat pertimbangan teknis dari tim ahli.

2. Pengesahan rencana teknis bangunan gedung fungsi khusus ditetapkan oleh pemerintah setelah mendapat pertimbangan teknis tim ahli.

3. Keanggotaan tim ahli bangunan gedung sebagaimana dimaksud dalam ayat (1) dan ayat (2) bersifat ad hoc terdiri atas para ahli yang diperlukan sesuai dengan kompleksitas bangunan gedung.

4. Ketentuan mengenai tata cara pengesahan rencana teknis bangunan gedung sebagaimana dimaksud dalam ayat (1) dan ayat (2) dan keanggotaan tim ahli bangunan gedung sebagaimana dimaksud dalam ayat (3) diatur lebih lanjut dengan Peraturan Pemerintah.

Dalam UU Cipta Kerja
Pasal 36 UU Bangunan Gedung Dihapus
Dalam Pasal 24 angka 3  UU Cipta Kerja

1. Fungsi bangunan gedung sebagaimana dimaksud dalam Pasal 5 harus sesuai dengan peruntukan lokasi yang diatur dalam RDTR (Rencana Detail Tata Ruang).

2. Fungsi bangunan gedung sebagaimana dimaksud pada ayat (1) dicantumkan dalam Persetujuan Bangunan Gedung.

3. Perubahan fungsi bangunan gedung harus mendapatkan persetujuan kembali dari Pemerintah Pusat.

4. Ketentuan lebih lanjut mengenai tata cara memperoleh Persetujuan Bangunan Gedung sebagaimana dimaksud pada ayat (2) dan ayat (3) diatur dengan Peraturan Pemerintah
Merujuk kepada Rencana Peraturan Pemerintah (RPP) tentang Bangunan Gedung yang memberikan kemudahan dan Kepastian hukum bagi masyarakat, persyarataan yang bersifat teknis berubah menjadi standar teknis, proses penerbitan PBG (Pengganti IMB) hanya 2 hari sepanjang  pemohon dapat penuhi standar teknis, dimana dimungkinkan konsultasi terlebih dahulu.

IMB menjadi PBG yang diterbitkan oleh Pemerintah Kabupaten/Kota mengacu norma ,standar, pedoman dan kriteria dari Peraturan Pemerintah.

PBG dan SLF  SBKBG (Surat Bukti Kepemilikan Bangunan Gedung SBKBG) diterbitkan oleh Pemda menggunakan aplikasi SIMBG yang tersambung dengan system OSS  diselenggarakan Pemerintah Pusat, sedangkan untuk fungsi yang bersifat khusus diatur Pemerintah Pusat.
Ditulis oleh:  Ulung Purnama,SH,MH.(R4y-ST)

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