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Jakarta Post

Fisherpeople win lawsuit against reclamation project

Anira, a fishmonger from Muara Angke in North Jakarta, could not hold back her emotions when the Jakarta State Administrative Court (PTUN) moved on Tuesday to halt the construction of Islet G in Jakarta Bay

Corry Elyda (The Jakarta Post)
Jakarta
Wed, June 1, 2016

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Fisherpeople win lawsuit against reclamation project

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nira, a fishmonger from Muara Angke in North Jakarta, could not hold back her emotions when the Jakarta State Administrative Court (PTUN) moved on Tuesday to halt the construction of Islet G in Jakarta Bay.

A panel of judges at the court fulfilled the requests of fisher people who had called for a stop to the artificial islet, which is part of reclamation projects off the northern Jakarta coast.

Anira and dozens of other fishing families left their boats and homes to witness the historical moment.

“Thank you for all your support,” the 56-year-old said through tears of happiness.

Presiding judge Adhi Budi Sulistyo said during the hearing that a permit issued by Jakarta Governor Basuki “Ahok” Tjahaja Purnama on Dec. 23, 2014 to developer Agung Podomoro Land’s (APL) subsidiary PT Muara Wisesa Samudra to construct the islet was invalid.

“We, therefore, order the defendant to retract the permit in the form of Gubernatorial Decree No. 2238/2014,” he said, referring to the governor as the defendant.

Adhi said the developer should also halt the reclamation until the verdict was legally binding.

The panel of judges conveyed many reasons for their decision, including that the project had affected the livelihoods of fisher people as well as the environment, that the process had not taken a participatory approach and that it did not serve public needs.

Adhi said the project also lacked zoning planning as mandated by the law on the spatial management of coastal areas and small islands.

The reclamation projects, comprising 17 artificial islets, were initiated in 1995 when then president Soeharto issued a presidential decree on reclamation off the coast of Jakarta. Concessions for the islets were given to private developers.

The project was halted amid financial crisis until then Jakarta governor Fauzi Bowo issued a permit for Islet D in 2010. He also reportedly issued permits for islets C and E, but none were published by the city administration.

Ahok issued principle permits for five islets when he was acting governor during former governor Joko “Jokowi” Widodo’s period of leave for the presidential election. When Ahok subsequently became governor, he also issued a permit for Islet G, followed by islets F, I, K and H.

Many fisher people have reported decreased income and loss of catchment areas because of the projects. North Jakarta is home to at least 1,000 fisherfolk.

The fishers, grouped under the Indonesian Traditional Fishermen’s Association (KNIT), and environmental activist groups such as the Indonesian Forum for the Environment (Walhi) and the People’s Coalition for Fisheries Justice (Kiara), filed a lawsuit regarding Islet G in September last year.

The project came to the nation’s attention after the Corruption Eradication Commission (KPK) caught Jakarta City Council member Muhammad Sanusi of the Gerindra Party accepting Rp 2 billion (US$146,000) in bribes regarding the deliberation of bylaws on reclamation.

The KPK also named APL president director Ariesman Widjaja a suspect in the bribery case and slapped travel bans on the owner of developer Agung Sedayu, Sugianto “Aguan” Kusuma, and Ahok’s expert staff member Sunny Tanuwidjaja.

KNTI lawyer Martin Hadiwinata said the verdict set a good precedent for suits regarding islets F, I and K.

Ahok previously said that if the fishermen won the lawsuit, he would continue the projects regardless.

“I will take over the islets by asking city-owned companies [to continue the projects],” he said.

Meanwhile, Deputy Jakarta Governor Djarot Saiful Hidayat said the city administration would appeal the decision. “I am not worried about the verdict as it is not only our project but also the central government’s,” he said.

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