The Ancol Reclamation Permit Is Deemed Not Having A Strong Legal Umbrella

The atmosphere of Ancol beach appearance (Photo: Diah Ayu Wardani / VOI)

JAKARTA - The DKI Jakarta Provincial Government is judged to be legally flawed regarding the 155 hectare reclamation permit to PT. Impian Jaya Ancol. This is because the permit was issued before there was a strong legal umbrella, namely the regional regulation (Perda) related to Ancol reclamation.

"This licensing does not have its own regulations as a basis for issuing a governor's decision. In fact, the expansion must be based on a detailed spatial planning (RDTR) and zoning plan. contacted, Wednesday, July 8.

According to him, it is not appropriate for the DKI Provincial Government to issue a permit based on 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. According to him, the law seems forced to become a legal basis for legalizing the Ancol reclamation permit.

Because, in issuing permits, DKI Jakarta Governor Anies Baswedan must have a legal umbrella in the form of a regional regulation on RDTR and zoning. This draft perda must pass discussions between the DKI Provincial Government as the executive and the DPRD as the legislature.

Then, Gilbert questioned why Anies only gave the remaining five percent of the reclaimed land which belongs to the DKI Pemprov entirely, of the total land that the developer will use.

"The basis for determining 5 percent from where? Because, from reclamation, we should have had 38 percent of the land that could be owned. Now, what we have at the moment is only 5 percent of the size of the land expansion," said Gilbert.

Therefore, Gilbert asked Anies to revoke the Governor's Decree 237/2020 as the Ancol reclamation permit because it was considered legally flawed. "This sets a bad precedent in the civil service system and is full of interests. The decree should be canceled due to legal flaws. Because this could be a bad example that other regional heads can follow," he concluded.

For information, the permit for the extension of the Ancol area was stipulated in the Decree of the Governor of DKI Jakarta Number 237 of 2020 on February 24, 2020. The details are the permit for the expansion of the recreation area covering an area of 35 hectares for Dunia Fantasi (Dufan) recreation and 120 hectares for land expansion in the East Ancol area.

The DKI Provincial Government has issued an Ancol reclamation permit because it owns land from river dredging from the Jakarta Emergency Dredging Initiative (JEDI) program and the Jakarta Urgent Flood Mitigation Project (JUFMP). This program is an emergency flood management project in Jakarta.

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, the Dufan Hotel, symphony of the sea stage 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 will be built from 2021 to 2023.