DKI Deputy Governor: Processed Revision Of Ancol Reclamation Regional Regulation

JAKARTA - Deputy Governor of DKI Jakarta Ahmad Riza Patria said the draft revision of DKI Regional Regulation Number 1 of 2014 concerning Detailed Spatial Planning and Zoning Regulations (RDTR) will be discussed soon this year.

According to Riza, renewing this legal umbrella is a priority that will be discussed by the DKI Provincial Government and the DKI DPRD. This is because the draft regional regulations (raperda) regarding RDTR and zoning are the legal basis for authorizing reclamation in Ancol, North Jakarta.

"Revisions to regional regulations (RDTR and zoning, ed) are being processed, yes, with the DPRD," Riza told reporters, Sunday, July 19.

The Ancol reclamation area will be 155 hectares. With details of 35 hectares in the Dunia Fantasi (Dufan) area or K Island and 120 hectares in East Ancol or Island L.

In Perda DKI 1/2014, the reclamation provisions that are regulated only exist on K Island because it has the same location as the K Island reclamation of Jakarta Bay. Meanwhile, on L Island, the land area from the reclaimed L Island, Jakarta Bay, has decreased from 480 hectares to 120 hectares.

In discussing the RDTR and Zoning draft regulations later, Riza said that the DKI Jakarta Provincial Government will bring arguments for the Jakarta Emergency Dredging Initiative (JEDI) and the Jakarta Urgent Flood Mitigation Project (JUFMP) which have been running since 2009.

JEDI and JUFMP are programs for dredging rivers and reservoirs to collect more water when it rains, thereby reducing the impact of flooding. Then, the remaining dredging mud will become reclaimed land in Ancol.

"The expansion of East Ancol is the expansion of Ancol and Dufan recreation. So, East Ancol reclamation has been implemented since 2009, sedimentation or pile of soil from soil dredging for flood management programs," explained Riza.

"There is sedimentation that has started to accumulate in 15 rivers and 5 large reservoirs in Jakarta, which are already 20 hectares. Then, there are 30 more reservoirs that need to be dredged and their places are found. This is the entrance for us to improve the RDTR (and zoning) regulations," he added.

As is known, Anies issued DKI Jakarta Governor Decree No. 237/2020 on February 24, 2020. In details, the permit for the expansion of the recreation area is 35 hectares for Dufan recreation and 120 hectares for land expansion in the East Ancol area.

Later, the reclaimed land will be used to build recreational facilities, including the Bird Park, the Floating Mosque, the Symphony of the Sea, the New Resto, and the eastern roundabout pedestrian. This facility will begin construction in 2021.

In addition, Dufan Hotel, Symphony of The Sea phase 3 (East Roundabout to dolphins) and stage 4 (dolphins to fantasy world) will also be built which are targeted to be built in 2022. Then, there is Ancol Residence starting to be built in 2021 until 2024 and Ocean Fantasy built from 2021 to 2023.

The issuance of the governor's decree was disputed because of the absence of a suitable legal basis, namely the renewal of regional regulations regarding detailed spatial planning (RDTR) and zoning.

Instead of referring to local regulations, Anies instead holds a legal basis in the form of Law Number 29 of 2007 concerning DKI Pemprov as the Capital of the Republic of Indonesia, and Law Number 23 of 2004 concerning Regional Government, and Law Number 30 of 2014 concerning Government Administration .

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Urban planning observer, Yayat Supriyatna, said that criminal sanctions could ensnare DKI Jakarta Governor Anies Baswedan if he does not revoke Ancol's reclamation permit. This is because the legal basis for the reclamation permit that Anies gave to PT Impian Jaya Ancol is unclear.

According to him, if Anies insists on carrying out reclamation, the sanctions are listed in Article 73 of Law Number 26 of 2007 concerning Spatial Planning. The permit should have been issued after a regional regulation on reclamation was issued.

"For officials who permit the implementation of activities that are not included in the spatial planning activities, they will be punished. The sentence is 5 years (imprisonment) and there is a fine," said Yayat.

More specifically, Article 73 paragraph (1) states that every authorized government official who issues a permit not in accordance with the spatial plan, will be punished with a maximum imprisonment of 5 years and a maximum fine of Rp. 500 million.

Then, Article 73 paragraph (2) states that in addition to criminal sanctions, the perpetrator may be subject to additional punishment in the form of dishonorable discharge from his position.

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