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Developer to continue reclamation regardless of legal uncertainty
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The head of Commission D at the Jakarta City Council, Mohamad Sanusi, talks to journalists after being questioned by Corruption Eradication Commission investigators on Saturday. KPK named Sanusi, a city councilor from the Great Indonesia Movement Party (Gerindra) as a suspect in a bribery case related to the Jakarta Bay reclamation projects. (Antara/Muhammad Adimaja)
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T Muara Wisesa Samudra (MWS), a subsidiary company of Agung Podomoro Group, will continue the reclamation of G Islet in Jakarta Bay amidst the ongoing controversy about legality of the project.
The company says it has obtained all necessary documents, including the environmental impact analysis (Amdal) document.
"We will reclaim the islet based on the gubernatorial permit. Unless the Administration Court orders us to dismiss the project, we will go ahead with our work," Ibnu Akhyat, a lawyer representing MWS, told journalists at the Jakarta administrative court on Thursday.
The Jakarta Administrative Court is currently hearing a lawsuit against PT MWS and the developers of other islets – city owned Jakarta Propertindo, PT. Jaladri Kartika Pakci and PT. Pembangunan Jaya Ancol – filed by environment activists and fishermen who oppose the reclamation project.
Ibnu said that the company had complied all of the developer obligations, including the construction of a parking lot for Jakarta police, social facilities, public facilities and pump house. "I don't know the amount of the contribution yet but it may exceed the 15 percent contribution [required by the law draft]," he said.
Ibnu's statement is in line with current administration statements.
Jakarta Development Planning Board (Bappeda) head Tuty Kusumawati said the reclamation project would continue based on the existing law. Governor Basuki "Ahok" Tjahaja Purnama also said that the reclamation project would go on as planned as the project was not in violation of any law.
Jakarta Legal Aid lawyer M. Isnur said that the permit granted to developers involved in the reclamation project had violated the existing laws. He also accused Ahok of using irrelevant laws, including the law issued during the Soeharto government.
"We deem that the governor doesn't have authority to issue reclamation permits. The procedure for the license grant has also violated the law," Isnur said.
Marthin Hadiwinata, from the law division of the Indonesian Traditional Fishermen Union (KNTI), said that Jakarta was a county’s strategic area, which means that the authority to give the reclamation permits is held by central government, not Jakarta’s governor.
Marthin added that the Jakarta administration had issued the reclamation permits without sufficient legal basis. "The administration issued reclamation licenses without the spatial planning regulation required by the law. This regulation is needed in order to minimize conflict in the utilization of natural resources," Marthin said.
Isnur further insisted that the Jakarta administration's argument that reclamation would help the city mitigate flooding was baseless.
Experts from the Bandung Technology Institute (ITB) and the Bogor Agriculture University (IPB) have also foreseen that the reclamation project may even cause flooding in Jakarta because the project is likely to hamper water flow to the ocean, Isnur said.
