T

he reclamation project in Jakarta Bay, the resumption of which has been approved by the government, will continue to cause controversy with critics saying the project is plagued by a plethora of problems.

The government, which initially imposed a moratorium on the project, has been reckless in ignoring the legal, social and environmental consequences of its decision, an activist has warned.

Jakarta Legal Aid Institute (LBH Jakarta) lawyer Tigor Hutapea, who is assisting residents and activists in their legal challenge to the project, said on Wednesday that Coordinating Maritime Affairs Minister Luhut Pandjaitan’s decision to resume the developer-driven project of constructing 17 artificial islets contravened a Jakarta court’s ruling on the project’s viability.

In June, the Jakarta State Administrative Court (PTUN) ordered Jakarta Governor Basuki “Ahok” Tjahaja Purnama to revoke the permit for construction of Islet G in the form of Gubernatorial Decree
No. 223/2014. The court argued that the project violated Law No. 27/2007 on the management of coastal areas and small islands as there was no spatial planning and zoning bylaw for the islet.

Islet G is being built by PT Muara Wisesa Samudra (MWS), the subsidiary of giant developer Agung Podomoro Land (APLN), whose former president director Ariesman Widjaja is in prison for bribery related to the project. “Luhut will violate the law if he insists on continuing with the project,” Tigor said.

The minister, however, has argued that the court’s ruling is not legally binding as the Jakarta administration has decided to appeal it.

Of the 17 proposed islets, seven acquired permits before the draft bylaw on zoning of coastal areas and small islands was approved by the city council.

Then governor Fauzi Bowo issued permits for islets C, D and E for PT Kapuk Naga Indah (KNI), a subsidiary of Agung Sedayu Group. Meanwhile, Ahok issued the construction permits for Islet G as well as four other islets — F, I, K and H. The bylaw was eventually discussed by the city council in 2015 but it has never been passed.

Ariesman’s case was related to this bylaw as APLN sought to purchase the councilors’ support during the drafting for a change to the contribution the company should make to the city, from 15 percent to only 5 percent of the value of the reclaimed land.

Councilor Prabowo Soenirman of the Gerindra Party said deliberation of the draft bylaw would be postponed until new councilors were elected in 2019. “We have no intention of discussing the draft bylaw even though the minister wants to resume the project,” he said.

Besides Islet G, which was under construction, Islet D and half-built Islet C also violated regulations.

The company has constructed commercial buildings on Islet D without a Building Construction Permit (IMB). It also merged the two islets although they were supposed to be separated by a 200-meter channel.

Agung Sedayu claimed, however, that the merger of both islets was only a technical issue and promised the city administration they would later be separated.

Besides legal issues, the project could potentially damage the environment of Jakarta Bay.

Muslim Muin from the Bandung Institute of Technology (ITB), who earned his doctorate in ocean engineering from the University of Rhode Island, said the islets would create canals effectively extending the flow of rivers into the sea. He said this would increase sedimentation along the coast, which if not dredged would cause flooding.

Environment and Forestry Minister Siti Nurbaya Bakar has previously said the developers need to resolve the problems of sedimentation.

Muslim said the project would also change the characteristics of the water in the mangrove area, which would gradually turn from salt water to fresh.

“It will be difficult for the salt water to enter the mangrove area, and this will kill the plants. We will lose the natural resource of the sea as a result of this project,” he said.

Jakarta still has 25 hectares of mangrove forest, which have become a conservation area for many species of animals and vegetations, including 17 endangered bird species.

The project has also affected residents in Lontar village in Serang, Banten, where the sand for the project has been mined.

Many residents, who used to be fishermen, seaweed farmers and milkfish farmers, have been forced to switch jobs as they cannot depend on the sea as a result of the sand mining.

Thousands of traditional fishermen who live in and whose livelihoods depend on Jakarta Bay will also be affected by the project.

Luhut has promised the government will take care of 12,000 fishermen who live in Jakarta Bay.