Building Owners Must Obey The Rules, Don't Be Authority

The DKI Jakarta Provincial Government demolished 20 shophouses on Jalan Pluit Karang Niaga, Pluit, Penjaringan, North Jakarta on May 24, 2023. (Documentation of Public Relations of the DKI Provincial Government)

JAKARTA The rules regarding the establishment of buildings for both residential and place of business are very clear. In fact, said city planning observer Nirwono Yoga, the rules have been issued for a long time.

So, it doesn't feel wise for shop owners or shophouse tenants on Jalan Niaga Bok Z Utara and Selatan RT 11/03, Pluit, Penjaringan, North Jakarta to oppose control. Moreover, the RT has reprimanded and reported it since 2019.

"There is enough deadline given, even too long. Since the beginning of the application for a Building Permit or Building Requirement if there are indications of a violation, the permit should not be issued, the permit must be rejected. If the building is ignored, it can be sealed and can even be dismantled from the start," Yoga told VOI on May 25, 2023.

Law Number 28 of 2002 concerning Building Buildings, Yoga continued, has emphasized as in Article 11 paragraph (2), "Building buildings built above, and/or underground, water, and/or public infrastructure and facilities must not interfere with environmental balance, regional protection functions, and/or the public infrastructure and facilities functions concerned."

Then, Article 13 paragraph (2), The requirement for the free distance of buildings or building parts built under the ground surface must consider the limits of location, security, and do not interfere with the utility function of the city, as well as the implementation of construction.

Regional Regulations for the Special Region of the Capital City of Jakarta Number 8 of 2007 concerning Public Order also regulate this. There are a number of prohibitions regarding the orderly of buildings. As stated in Article 36.

Paragraph (1) states that every person or body is prohibited:

Paragraph (2), every person or body is obliged to maintain and maintain land, land, and buildings in the location that belongs to him.

Paragraph (3), every person or body must use their building according to the permit that has been determined.

Likewise in Article 38 point c, every person or body of the building or house owner is required to maintain and prevent the destruction of the shoulder of the road or sidewalk.

Based on the notification letter of the Land and Building Tax (PBB) of shophouse owners shown by the Head of RT 011/RW 03 Pluit Village, Riang Prasetya, the shophouse in the area only has an area of earth or land of 121 square meters.

However, the shop owner expanded his land by physically increasing the building through the sewer boundary to more than 4 meters and closing the sewer channel with a ceramic floor. This additional building also takes the shoulder of the road, so it is suspected that it violated the boundary of the Building Sempadan Line (GSB) and the Building Permit (IMB).

GSB is a line that regulates land restrictions that should not be passed by buildings that physically limit the building to the front, rear, and side.

"This means that the excess of buildings and land areas outside the HGB certificate that closes the waterways and eats the shoulder of the road is the result of the seizure of public infrastructure land," Riang said on March 30, 2023.

Riang admitted that he had reported this violation to Pluit Village and Penjaringan District since 2019, when there were still 2 shophouses that violated it. However, there was no response. Due to the omission, in the end many other shophouse owners joined in adding physical buildings.

Now, it is known that there are 20 shophouse units in Block Z4 Utara and 22 shophouse units in Block Z8 Selatan that violate the building provisions.

Since May 19, 2023, the Mayor of North Jakarta, Ali Maulana Hakim has given a deadline to shophouse owners to dismantle their own buildings, but until May 25, only a few shophouses took the initiative.

"The reason is, some are still looking for a handyman, and others. So, today, we are still dismantling," Ali told the media crew on May 25, 2023.

As is known, the demolition, especially the water channel, went smoothly despite the demonstration by the employees of the shop owner.

The land grabbing incident for the residence or place of business is not the first time. It also happened in Kemang, South Jakarta in 2021. A number of shophouses built buildings over waterways. Some are used for cafes, bicycle workshops, and offices.

According to Nirwono Yoga, this is only a matter of awareness to comply with the rules, both awareness of land owners who will build buildings and awareness of authorized officials.

This is because the rules for building buildings are quite popular. Land owners who will build buildings will also definitely receive directions from related officials when applying for permits.

The mechanism, said Yoga, is very clear. First, building owners apply for a Building Permit or Building Requirement to the One Stop Integrated Service (PTSP).

Second, the Department of PTSP and the Department of Human Settlements, Spatial Planning and Defense (Dibas Citata) checked the application and planning design.

"Check out in the field, there are riot parties, sub-districts and/or cities to ensure that the building plan does not violate spatial planning. Well, here is the key if there are indications of violating the permit is rejected and the applicant is prohibited from building," said Yoga.

Third, if the applicant is determined to build, the Satpol PP can immediately seal and stop development activities. If it is still ongoing, the Satpol PP can immediately dismantle the building before it is completed.

"So everything can be prevented from the start if all these mechanisms are carried out properly. If there are still violations, it is appropriate to investigate indications of collusion and corruption. Must be given strict sanctions to all involved," added Yoga.