Jakarta, April 9 (Antara) - After three years of construction, the North Jakarta coastal reclamation, where 17 islands and a waterfront city will be reclaimed and built, still faces legal constraints.
The multi-trillion rupiah project which will increase the capital city's area by 2,700 hectares still needs the passage of Jakarta draft bylaws.
Therefore, a political party leader has called for the stoppage of the reclamation project until all of its legal and environmental aspects are settled.
"The reclamation process could be continued if its environmental impact analysis and legal aspects are settled," Mardani Ali Sera, deputy secretary general of the Executive Board of the Prosperous Justice Party, noted in a written statement Wednesday (April 6).
The issue of the legal aspect of the ambitious project once again came to the surface in recent days after the Corruption Eradication Commission (KPK) disclosed an alleged corruption scandal linked to the deliberations of a Jakarta bylaw that governs the project.
On Friday (April 1) the KPK announced it had named as a suspect, Mohamad Sanusi, chairman of the Gerindra Party faction in the Jakarta Legislative Assembly (DPRD), for allegedly receiving a bribe in connection with the drafting of the bylaws.
The KPK also named the President Director of PT Agung Podomoro (one of the project developers), Ariesman Widjaja, who allegedly has paid Rp2 billion in bribes to Mohamad Sanusi, in connection with deliberation of draft bylaws on a zoning plan for Jakarta's coastal area and small isles from 2015 to 2035, and on a spatial plan for the strategic North Jakarta coastal area.
Therefore, the North Jakarta coastal reclamation project needs to be halted and re-discussed from the perspective of ensuring the prosperity of Jakarta's residents, according to Mardani. It could be continued after its environmental impact analysis and legal aspects are addressed.
However, one of the project developers, PT Muara Wisesa Samudra which is a subsidiary of Agung Podomoro, said it will continue the project. "PT Muara Wisesa Samudera will continue the reclamation if the Jakarta governor does not stop it through a governor decree because we build the project based on a Jakarta governor decree," lawyer of PT Muara Wisesa Samudra, Ibnu Akhyat, said Thursday.
The company claimed its side had met all regulations and the Environmental Impact Analysis (AMDAL).
Jakarta Governor Basuki Tjahaja Purnama or Ahok said the 17 (islands) reclamation projects in the Jakarta Bay (North Jakarta coast) can be continued despite the fact that the Jakarta Legislative Council (DPRD) has refused to continue deliberations on the draft bylaw on the zoning plan for Jakarta's coastal area and small isles. The Jakarta regional government (Pemda DKI) and the DPRD have not yet reached an agreement on the draft bylaws.
However, if developers cannot fulfill requirements, the permits can be revoked, he said. After all, the developers cannot construct buildings on the reclaimed islands pending the passage of the drafts into bylaws.
"To construct buildings on the reclaimed islands they have to await the passage of the draft into a bylaw. If that has not been passed the developers cannot set up buildings on the reclaimed islands," the governor said.
The Jakarta regional government (Pemda DKI) and the Jakarta Regional Legislative Assembly (DPRD) had been deliberating two bylaws on a zoning plan for Jakarta's coastal areas and small isles from 2015 to 2035, and on spatial plan for North Jakarta's strategic coastal area.
In the deliberations of the draft bylaws, which also covered the North Jakarta reclamation project, the Pemda DKI proposed obligations and a contribution the developers have to pay, plus an additional contribution of 15 percent of the NJOP (taxable values of property) multiplied by the saleable area of the reclaimed islands.
The Pemda DKI wanted to use the 15 percent additional contribution as a cross subsidy to revitalize the Jakarta onshore area, maintain its environment and empower coastal residents. However, the DPRD wanted the percentage on the additional contribution to be reduced to just 5 percent.
The idea to reclaim the north Jakarta coastal areas surfaced during the New Order government. It was stipulated in a Presidential Decree No.17/1994 on the northern coast as a potential area. One year later, President Soeharto issued Decree No.52/1995 which stipulated that the reclamation would be done in North Jakarta.
The plan to implement the reclamation project was contained in the Jakarta government bylaw No. 8/1995. However, the environment minister's decree no. 14/2003 said the reclamation could not be done until its environmental impact analysis (AMDAL) stated that the project is feasible.
In 2003, six developers of the project sued the environment minister for its decree which said the north Jakarta coastal area reclamation breached AMDAL regulations. The high court ruled in favor of the six companies, but in the Supreme Court (MA), the environment minister won the appeal.
Thus, in 2004, then President Megawati Soekarnoputri asked then Jakarta Governor Sutiyoso to review the-Rp20 trillion-worth reclamation project which stretched 32 km along the Jakarta northern coast.
In 2011, the MA ruled in favor of the developers which filed a legal review and issued a decree confirming that the reclamation of the Jakarta coastal area was legal. Therefore, since 2012, the reclamation project has been proceeding.
On the continuation of the project, regardless of the fact that Presidential Decree No. 52/1995 has been annulled by Presidential Decree No. 54/2008, Jakarta chief development planner Tuty Kusumawati said what has been revoked in Decree No. 52/1995 was the article concerning the spatial planning, while that concerning the authority and issuance of license were not revoked.
"Article 4 stipulates that the authority and responsibility of reclamation are in the hands of the Jakarta Governor," she said.***2***(A014/INE)EDITED BY INE/H-YH
(T.A014/A/BESSR/A/Yosep) 09-04-2016 18:17: |
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