DKI Government Uncovers Padel Field Not Containing PBG, DPRD: Must Be Proportional
JAKARTA - Member of the DKI Jakarta DPRD, Gerindra Faction, Ali Lubis, expressed support for the steps of Jakarta Governor Pramono Anung who will regulate 185 padel courts in Jakarta because they do not have a building permit (PBG).
However, Ali reminded that the enforcement of rules must be based on the principles of administrative law that are proportional, careful, and just.
In terms of regulation, every building is required to have a PBG as stipulated in Government Regulation Number 16 of 2021 concerning the implementation regulations of Law Number 28 of 2002 concerning Building Buildings.
"From a legal perspective, buildings without PBG permits are administrative violations and the state/government has the right and obligation to discipline them," Ali said in his statement, Friday, February 27.
However, he emphasized that the DKI Jakarta Provincial Government remained bound by the general principles of good governance in the practice of administrative law enforcement.
"However, what needs to be remembered in the practice of administrative law enforcement, the Jakarta Provincial Government is also bound by the general principles of good governance, especially the principles of proportionality, accuracy, and legal certainty," he said.
Ali reminded, in administrative law, the sanction of forced demolition is at the last stage. This means that the government cannot immediately take extreme action without a coaching process.
"In administrative law, the sanction of forced demolition is in the last position, which means that the step of forced demolition should not be carried out directly before going through the stages of guidance and warning first," he said.
He asked the Jakarta Provincial Government to give the owners of the padel court the opportunity to handle the permit within the specified period.
"The crackdown must be carried out firmly but proportionately, the Jakarta Provincial Government must provide an opportunity with a specified time for the owners of the padel field to take care of the PBG permit," said Ali.
If a reasonable deadline has been given but the owner still does not comply, then the action of forced demolition is considered valid to be carried out.
"If, after being given a reasonable deadline but the owner of the padel court still does not obey or is stubborn, then the demolition can be carried out by the Jakarta Provincial Government," he continued.
Ali also emphasized the importance of a transparent and gradual enforcement mechanism, ranging from written warnings to setting clear time limits before demolition.
According to him, a proportional approach will strengthen the legitimacy of local government policies while minimizing the potential for new legal disputes. "Urban planning, legal certainty, and the business climate must run in balance. Strict enforcement of the law does not mean ignoring procedural justice," said Ali.