Anies Can Be Sentenced To Insist On Reclamation Of Ancol Without Perda

DKI Jakarta Governor Anies Baswedan (Photo: DKI Jakarta Public Relations)

JAKARTA - 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 plan, they will be punished. The sentence is 5 years (imprisonment) and there is a fine," said Yayat when contacted, Friday, July 17.

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.

The problem with the Ancol reclamation permit issued by Anies through Governor Decree Number 273 of 2020 is that it does not have an appropriate legal umbrella, namely the renewal of regional regulations regarding detailed spatial planning (RDTR) and zoning.

This is because, said Yayat, Perda No. 1/2014 on RDTR does not include plans to expand the Ancol recreation area covering an area of 155 hectares, with 35 for K island and 120 hectares for L.

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 .

Yayat also said that it would not be right for Anies to use his discretionary authority to skip the revision of the RDTR Perda. "Discretion is allowed if there is a legal vacuum, there is uncertainty, and there is a very strategic interest," said Yayat.

"But, the question is whether discretion is too much or not? Do not let discretion violate existing legal rules. This means that if the accretion is made in violation of the existing regional regulation, it is not allowed," he added.

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Thus, Yayat encourages Anies to postpone the Ancol reclamation permit until there is discussion of the revision of the RDTR and zoning regulations with the DKI DPRD.

"Why don't you just make the perda first? Why hang the regulations for too long? If this is allowed, it will become jurisprudence for other regional heads to commit the same violation," he said.

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 land to be used in the Ancol reclamation project is the result of dredging rivers and reservoirs from the Jakarta Emergency Dredging Initiative (JEDI) and Jakarta Urgent Flood Mitigation Project (JUFMP) programs which have been running since 2009.

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.

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