Jakarta – Building Construction Permits Issuance for 932 buildings in D Reclamation Island by Jakarta Governor Anies Baswedan received condemnation from environmental activists. The permits issuances are a bad precedent in decision making. Moreover, it seems that the promise to stop reclamation in the midst of political contestation a few years ago is only a sweet promise after all.
One of the reasons Jakarta Governor Anies Bawedan issued the permit is because of Governor Regulation No. 206 Year 2016 Regarding Guidance for Town Design of C, D, and E Reclamation island in Strategic Area of North Jakarta Beach. However, Jakarta WALHI perceives this reason is made up and inappropriate.
“Jakarta Governor can choose not to issued Building Construction Permits, but he chose to issue it instead due to the existence of Governor Regulation No. 206 Year 2016,” said Executive Director of Jakarta WALHI Tubagus Soleh Ahmadi in a conference pers in Jakarta, on Monday (06/17/2019).
“Governor Regulation No. 206 year 2016 refers to Government Regulation No. 36 Year 2005 as derivative regulation of Law No. 28 Year 2002 Regarding Buildings is inappropriate and seems to be made up because the core problem is reclamation. Those buildings are built in an area where there is no clear regulation. This means, Governor Regulation No. 206 Year 2016 was issued to ‘facilitate’ building constructions in reclamation islands,” said Tubagus.
People for Fisheries Justice Coalition (KIARA) also criticized Building Construction Permits Issuance by Jakarta Governor Anies Baswedan. Kiara perceived by issuing 932 permits in D Reclamation Island, Governor and his team don’t have good faith to restore Jakarta Bay. Moreover, Jakarta Bay Reclamation violates regulations and contradicts with several laws, such as Law No. 27 Year 2007 jo. Law No. 1 Year 2014 Regarding Coastal and Small Islands Management as well as Law No. 32 Year 2009 Regarding Environmental Management.
Quoting IDN Times, in 2017 Jakarta Governor Candidate Debate, Anies Baswedan and Sandiaga Uno promised to utilize reclamation for public interest not certain parties interest instead. On September 27th 2018, Anies officially announced that he revoked principal permit of 13 reclamation islands in Jakarta Bay, whereas the remaining 4 islands which have been built will be utilized for public interest. However, Anies issued 932 Building Construction Permits which are specifically for 409 housings, 212 offices, and 311 buildings that are still in construction.
Governor Regulation No. 206 Year 2016 Is Not A Spatial Plan
Legal Study written by Head Division of Coastal and Maritime of ICEL Ohiongyi Marino regarding Governor Regulation No. 206 Year 2016 states this regulation can neither be a legal basis to issued Building Construction Permits nor basis for developers to construct a building. Legal basis to issued Building Construction Permits in reclamation islands is Jakarta Marine Spatial Plan which is not issued yet.
“Governor Regulation cannot replaced Jakarta marine spatial plan for two reasons. Firstly, marine spatial plan is regulated in a local regulation, not governor regulation. Secondly, local regulation is approved by Regional House of Representatives and Regional Head. Specifically, rulemaking of a marine spatial plan must involve community, ministries, pertinent agency or institution, Regional House of Representatives, pertinent officials, universities, CSOs, businessmen, and primary stakeholders. Whereas governor regulation is created based on governor’s authority or order from higher regulation without approval from Regional House of Representatives or public participation. This is why Governor Regulation No. 206 Year 2016 cannot replace Local Regulation on Jakarta Marine Spatial Plan for Building Construction Permits issuance because these two regulations have different procedures both formally and substantially,” said Ohiongyi. (Dona)