Looking For The Brain Behind The Tangerang Sea Fence

JAKARTA Kuman is crossing the sea visible, the elephant is covered in invisible eyes. This language may be like being addressed to all state apparatus in the local government to the central government. The water area, aka the sea, should not be a private area. In fact, in Tangerang waters, there is a sea fence that is no kidding in length, reaching 30.16 kilometers!

Based on the results of the investigation by the Indonesian Ombudsman (ORI), the 30.16 km long sea fence affected 16 villages in 6 sub-districts, including Kronjo, Kemiri, Mauk, Sukadiri, Pakuhaji, and Teluknaga. This area is included in the general utilization area regulated by Regional Regulation Number 1 of 2023. This area covers various important zones such as capture fisheries zones, fishing ports, to tourism zones and energy management.

This fact prompted ORI to investigate allegations of maladministration in sea fencing. The head of ORI, Mokhammad Najih, revealed that the investigation was carried out directly by representatives of the Banten Province Ombudsman with supervision from ORI. Although it takes time, the investigative team will find out who carried out maladministration.

"Because it is still in process, we have not been able to convey about the alleged maladministration carried out by who. Is it by the government at the regional level, or by the ministry office, or the institution at the central level. The difficulty we are facing is that it is not yet clear who is most responsible for the installation of the fence," said Najih in a press statement, Thursday, January 16, 2025.

He explained that various parties who were asked for information from the Ombudsman answered that they did not know about the installation of the fence. The Ministry of Maritime Affairs and Fisheries (KKP), which has been considered the most responsible, also did not provide straightforward answers.

The KKP, who had been contacted, was asked for information by the Ombudsman to provide an explanation that the ministry had never issued any permits related to sea fencing. Likewise, the government at the regional level, there is also no one who feels that there are agencies or parties who apply for permits," he added.

Najih emphasized that the Ombudsman would continue to investigate allegations of maladministration in the case of installing the sea fence. "We don't want to play in cloudy water, we want to see more clearly who did the maladministration. Hopefully within the next 30 days we will have the results we hope for," he said.

Along with the investigation by ORI, Najih encouraged all parties to support the steps taken by the KKP which prohibited any activity in the sea fence area. Because, it is necessary to be able to see the problem more clearly, even at the same time the Ombudsman received complaints from the public about the obstacles to catching fish because they had to turn to go to sea.

The obstacle, continued Najih, made fishermen spend a larger amount of money to go to sea. The Ombudsman estimates that the loss that fishermen may suffer is IDR 9 billion due to sea fencing in Tangerang. The calculation of the loss is carried out by estimating the loss of fishermen due to additional distance to go to sea. With the existence of the sea fence, fishermen must rotate approximately 30 kilometers. This caused fishermen to spend three liters of fuel from the previous one liter.

On the other hand, ORI also sees an effort to divide society in the midst of the polemic of installing a sea fence in Tangerang waters. The reason is, in the midst of the emerging controversy, there is a community group called the Pantura People's Network (JRP) which claims to be the installer of the fence. They claim that the construction was carried out to prevent abrasion and reduce the impact of large waves. The JRP coordinator, Sandi Martapraja, admitted that the surrounding community participated in building the sea fence. However, Najih said, the claim is actually different from the complaints made by the surrounding community to the Ombudsman who said the existence of the fence actually caused problems.

Police, AGO And Banten Provincial Government Impossible Not To Know Sea Fence Issues

It was this 'confusion' of the Ombudsman that made the Deputy Chairman of Commission III of the DPR, Hinca Panjaitan, poked at law enforcement officials regarding the sea fence in Tangerang. This politician from the Democratic Party faction assessed that the National Police and the Attorney General's Office should have known about the budgeting. He also questioned the attitude of the Directorate of Water and Air Police of the Banten Police, which has yet to provide an explanation regarding the 30.16 kilometers of sea fence.

"The police definitely don't know, the Tangerang Police, for example or the Banten Police, right. Moreover, the location is included in the EEZ 12 miles. The zone is included in the area or the Water Police field. So that's if it's part of the crime, he should also know," he said.

Hinca added that Commission III of the DPR will also ask the Attorney General's Office regarding sea fencing considering that when the National Strategic Project (PSN) at PIK 2 was inaugurated, President Joko Widodo (Jokowi) was also accompanied by the AGO.

"This must be pursued, PSN, the National Strategic Project launched by President Jokowi, at that time he was always accompanied by the Attorney General's Office, right? Especially the Deputy Attorney General for Datun and Intelligence, so he certainly knows because he is included in the strategic project at PIK 2, it is also being pursued," he said.

Deputy Chairman of Commission III of the DPR, Rano Alfath, asked that the perpetrators of the installation of the sea fence in Tangerang be dealt with firmly. This is because the sea fence contradicts the principles of state control over the earth, water, and natural wealth which should be used as much as possible for the welfare of the people, in accordance with Article 33 paragraph 3 of the 1945 Constitution. In addition, the fence can create potential conflicts of interest because the area is a strategic fisheries zone for the livelihoods of residents.

"This not only violates the law, but also creates inequality and damages the marine ecosystem that supports the local people's economy. If left unchecked, this will have a systemic impact on coastal economic resilience in Tangerang Regency," he said.

This politician from the PKB faction stated that the implementation of PSN, which is often associated with cases of sea fencing, is not a major problem. According to him, the main problem is its implementation which often passes the rules. PSN is not wrong, what is wrong is its implementation. The central and regional governments must pay more attention to this in the future. It is important to form a special body that can guarantee good and fair PSN implementation," Rano added.

Meanwhile, Unpad Spatial Planning Expert, March Priyanta, assessed that the Banten Provincial Government must be more active in resolving the problem of sea fences in Tangerang waters. The reason is, the Banten Provincial Government has the authority to supervise so that it should know the purpose of building the sea fence.

He explained, based on Perda 1 of 2023 concerning the RTRW of Banten Province, the 30.16 kilometer long waters are fenced into the sea space with the designation as a fishing zone for capture fisheries, port zones, and offshore reservoir plans. Thus, when there is a fence, the local government should know first whether the development objectives are in accordance with the RTRW rules that have been made or not.

Moreover, the construction site is under 12 nautical miles whose RTRW arrangements are under the authority of the regional government. So the Banten Provincial Government should be able to play a more active role in efforts to monitor water areas that are directly adjacent to their land administrative areas," said March.

Furthermore, based on the provisions of laws and regulations in the field of spatial planning, all utilization activities in the sea must be appropriate and based on the designation that has been regulated by the Banten Provincial RTRW and all parties who use the sea space must have a suitability of Marine Spatial Utilization Activities (KKPRL).

"Therefore, the KKP's steps in sealing the sea fence are appropriate, because the activity does not have a KKPRL. The KKP has the authority and responsibility, including supervision of all activities in the sea space, so that the steps taken at this time are correct," added March.

Walhi's infrastructure and spatial planning campaign manager, Dwi Sawung, stated that if the sea fence is the initial structure for reclamation, it will have a major impact on the environment. One of them, will change the ecosystem on the coast which will be prone to sinking if the sea water rises. In addition, it also has an impact on the livelihoods of local residents as fishermen.

"We suspect this is for reclamation from the bamboo installation grid and the method is very similar to the reclamation process from the ground. This is not a wave solver because the raw material wave breaking used is denser and tighter material is not made of bamboo," he said.

Agung Sedayu Group Denies Being Involved In The Construction Of Sea Fences

Separately, PSN PIK 2 (Agung Sedayu Group) attorney Muannas Alaidid confirmed that his party was not involved in the installation of a sea fence on the Tangerang coast. He mentioned the statement by the Director of Marine Spatial Planning for the KKP, Suharyanto and the Head of the Banten DKP, Eli Susiyanti, who said that no party had applied for a sea fencing permit, as stated in the news agency. Thus, there is no relationship between PSN PIK 2 and the existence of a sea fence.

"There is no involvement of Agung Sedayu Group in installing the sea fence. We emphasize that until now there is no evidence or legal facts linking Agung Sedayu Group with this action," he said.

Muannas explained that the PIK 2 commercial area with the PSN area is two different areas. According to him, the PIK 2 area obtained through a location permit from the local government and buying and selling is carried out in front of authorized officials, voluntarily without coercion and pressure from any party.

"PIK 2 cannot be separated from its history since 2011, especially regarding the development of an area north of Tangerang, the idea of a new city as an area development that is in accordance with the Tangeran Regency Regulation No.13 of 2011, that the development of a new area on the North Coast of Tangerang is a form of diversifying activities other than industry and settlements," he explained.

The PSN area set by the President of the Republic of Indonesia, Joko Widodo, is located around the PIK 2 commercial area, namely the development of the Green Area and Eco-City called Tropical Coastland. The PSN area at PIK 2, which used to be very critical, has very minimal protected functions. Therefore, the government proposes that this area be developed as PSN so that environmental support can be maximized and can have an impact on the economy and large-scale tourism.

Muannas also dismissed allegations that PSN and PIK 2 projects violated RTRW or ignored environmental sustainability. He ensured that the development of the project was carried out under strict supervision from related agencies. This is because Agung Sedayu Group has a high commitment to involve local communities at every stage of development.

In fact, in the PIK 2 project various company CSR programs have been implemented to improve the welfare of the surrounding community, including fishermen. Muannas ensured that the Agung Sedayu Group had never taken any action that hindered public access, including fishermen, to marine resources.