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Ahok gets court green light over ‘problematic’ Islet G

The Jakarta State Administrative High Court (PTTUN) has ruled in favor of Jakarta Governor Basuki “Ahok” Tjahaja Purnama and overturned a decision by a lower court that ordered the Jakarta administration to halt the construction of Islet G, which is part of the Jakarta Bay reclamation project

Corry Elyda (The Jakarta Post)
Jakarta
Fri, October 21, 2016

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Ahok gets court green light over ‘problematic’ Islet G

T

he Jakarta State Administrative High Court (PTTUN) has ruled in favor of Jakarta Governor Basuki “Ahok” Tjahaja Purnama and overturned a decision by a lower court that ordered the Jakarta administration to halt the construction of Islet G, which is part of the Jakarta Bay reclamation project.

The panel of judges approved the appeal filed by Ahok and PT Muara Wisesa Samudra (MWS) and declared the Jakarta State Administrative Court’s (PTUN) decision void because the plaintiffs had been too late in filing the lawsuit.

Presiding judge Kadar Slamet said the plaintiffs, comprising fishermen and activists grouped under the Coalition for Saving Jakarta Bay, filed the lawsuit after the maximum-allowed time period of 90 days after they learned about the permit and the project.

 “When the plaintiffs filed the lawsuit at PTUN Jakarta on Sept 16, 2015, the public, including the plaintiffs, knew that Islet G had been created a long time ago,” he said.

Separately, Jakarta Legal Bureau head Yayan Yuhanah said she welcomed the verdict. The administration, however, would need to wait as the plaintiffs had the chance to launch another appeal, she said.

“[This verdict shows] there is no problem with Islet G construction. We will wait for 14 days. If the plaintiffs do not appeal to the Supreme Court [within that time], the [PTTUN Jakarta] verdict will be legally binding,” he said, adding that the city administration would be ready should the plaintiffs proceed with an appeal at the Supreme Court.

The previous ruling issued by PTUN Jakarta on June 31 ordered Islet G developer MWS, a subsidiary of property giant Agung Podomoro Land, to halt its reclamation activities due to environmental damages and social impacts it was causing, as well as its lack of legal standing.

The court had also ordered Ahok to revoke the city’s permit for the development, which was issued in December 2014.

Tigor Hutapea, the plaintiff’s lawyer, said he had noticed the verdict but yet to formally receive it. “We will response once we receive the copy of the verdict,” he said, adding the coalition would convey their joint statements on Friday.

The coalition has also filed another lawsuit against the city administration and over the issuance of permits for Islet F, I and K. Hearings on this suit are still underway.

Alan F Koropitan, an oceanography expert from the Bogor Institute of Agriculture (IPB), said the project would slow down the water current and affect the mechanism of the water flow on the sea.

“It will cause severer pollution,” he said, adding reclamation would also cause sedimentation.

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.

When Ahok subsequently became governor, he issued permits for Islet G, F, I, K and H.

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

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