Mahfud MD Concerning Sea Pagar: Extraordinary Violation Of Law, Robbery Of State Assets

Mahfud MD shook hands with Megawati Soekarnoputeri, during the celebration of Megawati's 78th birthday, January 23, 2025. (Doc. X/@mohmahfudmd)

JAKARTA - Constitutional law expert Mahfud MD assesses that the sea fence in Tangerang, Banten, is an extraordinary violation of the law. This is because it is considered a robbery of state assets.

"This is an extraordinary violation of the law, the robbery of state assets, the robbery of natural resources protected by law," Mahfud said in the podcast 'Frankly Open Mahfud' quoted Wednesday, January 29.

According to him, the sea belongs only to the state. So, no one should own it, be it private in the form of companies or individuals.

Moreover, in the law in force in Indonesia there has never been a maritime right or HGB at sea, and the right to use buildings is only on the ground.

Thus, Mahfud said, the HGB certificate given on the water and having been kavling indicated that there was malicious intent behind it.

That way, it is suspected that when it is full because of abrasion and appears to be land, the land will be divided, measured per meter and reclamation.

Therefore, Mahfud encouraged law enforcement officials, namely the Attorney General's Office (AGO), the National Police, or the Corruption Eradication Commission (KPK), to immediately take action to process the criminal law. Especially, regarding the issuance of certificates.

"Why play with officials, because they can leave an official certificate, not just one, it must be a crime, if it is a residence crime, if the corruption aspect is to be taken because officials are suspected of accepting bribes, then the KPK, the Attorney General's Office, and the Police can take action," said Mahfud.

Mahfud explained that the issuance of certificates on the sea is proof that there is fraud or embezzlement because the sea cannot be certified. However, it is suspected that this case has a strong collusion, a game with relevant officials that must involve money.

Regarding the authorities who have the right to act, it is said, anyone has the authority to process and anyone who acts first cannot be disturbed by other agencies. So, any agency that takes the initiative to act first, other agencies must exercise restraint until it is finished.

"Everything is authorized, and there is no need to fight, who knows first or takes steps first, it should not be disturbed by two other institutions. Well, I think this is afraid of each other, I'm surprised why our officers are afraid of something like that, so it's suspicious," said Mahfud.

Moreover, in bureaucratic psychology in Indonesia, the subordinates are always afraid that superiors and subordinates will often be blamed if they act without directions from superiors. Therefore, Mahfud hopes that the highest superior of all law enforcement officers, namely President Prabowo Subianto, will firmly give the order.

"Why is there no explanation that this has been investigated by the police, this has been investigated by the Attorney General's Office, don't let the case disappear, it will be dismantled later, everyone is secretly because they have received part or protected each other, then this case is gone, even though this case is a serious case," said Mahfud