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Jakarta administration, developer win Islet G appeal
State Administrative High Court (PTUN) judges have approved an appeal from the Jakarta administration and PT Muara Wisesa Samudra (MWS) regarding to the retraction of construction permit of Islet G, part of the controversial Jakarta Bay reclamation project.
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A fisherman of Muara Angke holds a mock padlock at a theatrical rally on the man-made Islet G in North Jakarta on April 17. The fishermen symbolically sealed the islet to celebrate the decision of the government and House of Representatives, which temporarily stopped the Jakarta Bay reclamation project. JP/Seto Wardhana (The Jakarta Post/Seto Wardhana)
S
tate Administrative High Court (PTTUN) judges have approved an appeal from the Jakarta administration and PT Muara Wisesa Samudra (MWS) regarding to the retraction of construction permit of Islet G, part of the controversial Jakarta Bay reclamation project.
Presiding judge Kadar Slamet said in the verdict issued last Monday that the panel of judges did not agree with the decision of the previous court.
Kadar said the verdict was invalid as it was proposed by the plaintiffs – fishermen and activists grouped under the Coalition for Saving Jakarta Bay – more than 90 days after they learned about the permit and the project.
“When the plaintiffs filed the lawsuit at PTUN Jakarta on Sept. 16, 2015, all people, including the plaintiffs and public knew that that Islet G had been created a long time ago,” he said.
He added that this meant the plaintiffs had known the project far before it was announced by the People's Coalition for Fisheries Justice (KIARA) on June 18.
The judge also stated that there was another legally binding verdict regarding the plan in March 2015 by another plaintiff, the Jakarta Monitoring Network (JMN).
“Therefore, the court accepts the appeal proposals of the defendants and annuls the previous verdict of the Jakarta State Administrative Court,” it says.
The verdict also states that the postponement of the Islet G construction permit is no longer valid.
Meanwhile, Jakarta legal agency head Yayan Yuhana said that should the fishermen and activists not file a cassation at the Supreme Court, the decision of State Administrative High Court would be final and binding. However, if they want to file a cassation, the administration is ready to face them in court, she said.
In a court ruling issued on June 31 in favor of local fishermen in Jakarta Bay, the PTUN ordered the developer of Islet G, MWS, a subsidiary of property giant Agung Podomoro Land, to halt its reclamation activities because of the environmental damage and social impacts it was causing, as well as its lack of legal standing. The court also ordered Ahok to revoke the city’s permit for the development, issued in December 2014. (dmr)
