Polemic of Reclamation Islands’ Building Construction Permits, Indonesian Corruption Eradication Commission Is Asked to Reinvestigate The Corruption Case of Reclamation Regulation Draft

JAKARTA – Building Construction Permits issued by Jakarta One Door Integrated Service (PTSP) brought back reclamation issue in Jakarta Bay. Strong criticism are directed toward Jakarta Governor Anies Baswedan for his political campaign to stop reclamation.


Director of Indonesian Traditional Fisheries Unity Marthin Hadiwinata demanded Corruption Eradication Commission (KPK) to investigate the permits issuance that is considered fishy.


He reminded about the spatial plan regulation draft cases where former member of Jakarta Regional House of Representatives Muhammad Sanusi was proven taking a bribe. KPK is urged to reopen the case, especially because numerous facts emerged on the trials have not been taken actions.


“KPK has to reopen the reclamation case,” said Marthin, on Friday (6/21/2019).


He assessed Governor Anies Baswedan doesn’t want to completely fulfil his promise to stop reclamation. According to him, the Building Construct Permits were issued without assessing if the utilization of the buildings correspond with utilization of the reclamation islands in a spatial plan.


“This means the Building Construction Permits were issued without clear legal basis pertinent to utilization and allocation of C and D Reclamation island,” he explained.


He also emphasised on the Building Construction Permit’s requirements, one of which is a conformity of building utilization with spatial plan. However, plan for utilization of reclamation islands is not done yet.


“Every development in coastal and small island area must be based on a local regulation regarding marine spatial plan,” added Marthin.


Meanwhile support on KPK to reinvestigate the Draft of Reclamation Local Regulation Case also came from Henry Subagiyo from Indonesian Center for Environmental Law (ICEL). he assessed this independent body needs to develop this case further.


“It’s best for KPK to develop this bribery case on Regional House of Representatives since it’s relevant to Reclamation Draft Regulation,” said Henry.


932 Building Construction Permits were issued by Jakarta One Door Integrated Service based on Governor Regulation No. 121 Year 2012 Regarding Spatial Plan of North Jakarta Beach Reclamation Area as well as 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.


The permits were issued by Jakarta One Door Integrated Service for Kapuk Naga Indah Company, the developer of D Reclamation island in November 2018. Anies received critics, because on September 23rd 2018, Jakarta Governor revoked construction permit for reclamation islands in Jakarta Bay, thus 13 out of 17 planned islands were cancelled and 4 islands that have been built will be utilized for public interest.


Anies Baswedan further explained the reason behind the permits issuance. According to him, the Building Construction Permit was issued after Jakarta Government ensures Kapuk Naga Indah Company as developer of D Reclamation island has executed their liabilities.


“Parties whose buildings are sealed have been legally processed by our investigators, have been brought to the court, judges have then decided a penalty in accordance to pertinent local regulations,” said Anies.


Anies explained that at the moment developers are fulfilling their liabilities and paying the penalties decided by the court. Anies issued Building Construction Permits for buildings in D Reclamation Island after the fulfilment of developers’ liabilities. Legal basis for issuing the permits is Article 18 Provision 3 of Government Regulation No. 36 Year 2005.


This Government Regulation acts as a legal basis of Governor Regulation No. 206 Year 2016 Regarding Guidance for Town Design which was enacted in Jakarta Governor Basuki Tjahja Purnama’s or Ahok’s reign. In this regulation, 35% utilization right of reclamation area is in private parties’ hands.


“So like it or not, Governor Regulation No. 206 Year 2016 is a prevailing and effective legal fact,” said Anies.


As an information, in the reclamation case, former member of Jakarta Regional House of Representatives M Sanusi was sentenced to 10 years in prison at cassation stage on August 29th 2017. At first, this Gerindra Political was sentenced to 7 years in prison.


Sanusi was proved guilty for receiving a 2 billion rupiahs bribe from Head of Agung Podomoro Land, Ariesman Widjaja, in March 2016. The bribe related to draft of local regulation regarding spatial plan of North Jakarta Beach Strategic Area discussion in Jakarta Regional House of Representatives’s Office.


The trial held on July 17th 2016 also revealed several facts. Public prosecutor Ali Fikri mentioned a conversation of one of the witnesses, Permit Manager of Agung Sedayu Group, Saiful Zuhri or Pupung for short with then Jakarta Regional House of Representatives, Mohammad Sanusi, on March 17th 2016.


“Let’s say nothing happens after 2 pm, I’ll report boss (Aguan) so he can pressure Mr. Prasetio again,” said Pupung to Sanusi in a recorded conversation played in the court.


Prasetio, then Chairman of Jakarta Regional House of Representatives, was investigated by KPK due to allegation as an intermediary in distributing bribe money to members of Jakarta Regional House of Representatives in regards to discussion of reclamation local regulation draft.


The legislators who were also investigated by KPK were Merri Hotma (PDIP), Yuke Yurike (PDIP), Abdul Goni (Gerindra), Bestari Barus (Chairman of Nasdem Fraction) and a handful of other names.


However, in his testimony, Prasetio denied his involvement and role in distrbuting money for members of Jakarta Local Community Representative Agency. According to him, the news that mentioned him as distributor of bribe money to Jakarta Regional House of Representatives were false.


“I don’t know, Your Honor. Social media make it seem like I was the one to distribute money to Jakarta Regional House of Representatives. But, you can ask again Mr. Sanusi and Pupung,” said Prasetio.



Source: https://news.okezone.com/read/2019/06/21/338/2069467/polemik-imb-di- pulau-reklamasi-kpk-diminta-kembali-telisik-korupsi-raperda?