- Last year, Jakarta Governor, Anies Baswedan sealed C and D Reclamation island. Assessment for the islands is not done yet, Anies has issued Building Construction Permit for those sealed buildings.
- Some of the sealed buildings in C and D Reclamation Island are finished and some are still in construction. Owners of the finished sealed buildings should have been ordered to demolish the buildings.
- Owners of the finished sealed buildings shouldn’t have had the opportunity to obtain a Building Construction Permit.
- Building Construction Permits for buildings in C and D Reclamation Island should have an Environmental Impact Assessment (EIA). However, Building Construction Permits were issued without EIA and public hearing. Hence, those Building Construction Permits are substantially defective because disregarded the environment.
Jakarta Governor Anies Baswedan has sealed buildings in C and D Reclamation Island in 2018. At that time, Anies explained that Jakarta Government were assessing the best utilization for C and D Reclamation Island. The assessment is not finished yet, however Anies has issued Building Construction Permits for those sealed buildings. Debate arises on whether the building construction permits violate pertinent laws or not. Article 39 Provision 1 Alphabet c of Law No. 28 Year 2002 Regarding Buildings stipulates that buildings can be demolished if built without a Building Construction Permit. In fact, demolition is the owner’s and the user’s responsibility.
Article 115 of Government Regulation as a derivative regulation of Law on Buildings (GR No. 36 Year 2005) regulates that owner of a building who doesn’t have a Building Construction Permit should be imposed a sanction to demolish the building. On the other hand, for owners of buildings which are still in construction should be imposed a sanction to temporarily stop the construction until he/she obtains a Building Construction Permit.
Some of the sealed buildings in C and D Reclamation Island are completed and some are still constructed. Owners of the completed buildings should be ordered to demolish the buildings. They shouldn’t have had the opportunity to obtain a Building Construction Permit.
No Local Regulation Regading Marine Spatial Plan
Every building has to meet administrative and technical requirements correspond to the building utilization. In Article 78 of Law on Buildings, utilization of a building must follow the utilization determined in (i) Regency and Town Spatial Plan, (ii) Urban Area Detailed Spatial Plan, or (iii) Building Governance and Environment Plan for the area where the building is.
One of the administrative requirements is a Building Construction Permit which acknowledges that the building’s utilization is consistent with the pertinent spatial plan. However, Law on Buildings and its derivative regulation were issued before 2007 when Law No. 27 Year 2007 Regarding Management of Coastal and Small Islands was enacted.
After the issuance of Law on Management of Coastal and Small Islands, spatial plan for coastal and small islands is regulated in a marine spatial plan. C and D Reclamation Island are less than 2000 km2 and are located within 0-12 sea miles from Jakarta coastline. Therefore utilization of C and D Reclamation Island as small islands must be determined in Local Regulation regarding Jakarta marine spatial plan. Since Jakarta marine spatial plan has not been issued yet, there is no certainty on the utilization or guidance for utilization of C and D Reclamation island.
The Building Construction Permits Are Not Based on EIA
According to Article 15 Provision 1 of Government Regulation No. 36 Year 2005, buildings that have significant impacts on environment must have an EIA. Permits issued for those buildings are obliged to acquire technical consideration from building experts team and consider public opinions.
Reclamation has impacts on coastal and ocean ecosystem in Jakarta Bay, thus buildings in a reclamation island have impacts on Jakarta Bay coastal ecosystem as well. Building Construction Permits for buildings in C and D Reclamation Island must have an EIA. However, those Building Construction Permits were issued without an EIA and public opinions. Ergo, those Building Construction Permits are substantially defective because disregarded the environment.
Furthermore, Jakarta marine spatial plan is needed to determine if utilization of the building is consistent with the spatial plan. Local Regulation for this spatial plan has not been enacted yet whereas 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 as the basis for issuing the permits cannot replace Jakarta Marine Spatial Plan. These two regulations (local regulation and governor regulation) have different procedures both formally and substantially. Hence, utilization of buildings in C and D Reclamation Island should follow local regulation not governor regulation. Because C and D Reclamation Island is a small island, utilization for those islands are established in Jakarta marine spatial plan. 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.
Writer is Head of Maritime and Coastal of Indonesian Center for Environmental Law. This article is the writer’s opinion and responsibility completely.
Source : https://www.mongabay.co.id/2019/07/03/anies-terbitkan-imb-kemunduran-penyelesaian-persoalan-reklamasi-jakarta/