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Jakarta Post

PTUN reclamation verdict doesn’t seem to worry city

Although a recent decision at the Jakarta State Administrative Court (PTUN) that bans the creation of man-made islets to the north of the capital may affect the multi-trillion rupiah reclamation project, the city administration seems to be treating the case as business as usual

Corry Elyda (The Jakarta Post)
Jakarta
Thu, June 2, 2016

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PTUN reclamation verdict doesn’t seem to worry city

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lthough a recent decision at the Jakarta State Administrative Court (PTUN) that bans the creation of man-made islets to the north of the capital may affect the multi-trillion rupiah reclamation project, the city administration seems to be treating the case as business as usual.

Head of legal aid at the Jakarta Legal Bureau Haratua Purba said on Wednesday that his team was now preparing to file an appeal.

“We are only exercising our right to file an appeal,” Haratua said without mentioning reasons for the appeal.

He said halting the project was not a problem as it already had been suspended by the central government.

PTUN approved on Tuesday a lawsuit filed by fishermen and activists that urged the court to order a retraction of the permit issued by Jakarta Governor Basuki “Ahok” Tjahaja Purnama in the form of Gubernatorial Decree No. 2238/2014 in December 2014. The permit had been issued for PT Muara Wisesa Samudra (MWS), a subsidiary of developer Agung Podomoro Land (APL), allowing them to construct Islet G.

Presiding judge Adhi Budi Sulistyo said the construction had to be halted as the permit was now considered invalid.

The court also said the project had affected the livelihoods of thousands in fishing communities as well as the environment, and the process had not used a participatory approach and did not serve the public interest.

Meanwhile, Ahok has changed his stance several times on whether the city should appeal or not.

Ahok said he would study the verdict first to see whether he needed to appeal or not. He also said, however, that he would naturally be appealing. “If they say that we violated a regulation, then we should appeal,” he said.

He said the verdict could, in fact, be beneficial for the city. “We can take advantage of this verdict,” he said.

Ahok previously claimed that he could take over the project from the private developers. “I will ask city-owned developers [to build the islets],” he said, refusing to explain details of a mechanism for switching developers.

Separately, APL corporate secretary Justini Omas said the company was disappointed with the verdict and would appeal.

“The verdict shocks the business world as it is not in line with the government’s effort to lure both domestic and foreign investors,” she said.

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

The project was halted during 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 those were not 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 issued a full permit for Islet G, followed by islets F, I, K and H.

The organizations that filed a lawsuit regarding Islet G are currently also challenging the permits of islets F, I and K. Those lawsuits are: the Indonesian Traditional Fishermen’s Association (KNTI), the Indonesian Forum for the Environment (Walhi), the People’s Coalition for Fisheries Justice (Kiara) and the Jakarta Legal Aid Institute (LBH Jakarta).

Meanwhile, two plaintiffs in the case of the Islet G permit — KNTI regional leader Muhammad Taher and KNTI regional secretary and fisherman Kuat Wibisono — were harassed and burgled, respectively, on Tuesday.

KNTI lawyer Martin Hadiwinata said the incidents were probably related to the reclamation case.

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