TEMPO.CO, Jakarta - The request made by Jakarta Governor Basuki Tjahaja Purnama so that the Jakarta Regional Council (DPRD) could immediately ratified two measures that regulate reclamation in the Jakarta Bay has to be closely monitored.
The implementation must not deviate and break the regulations.
The deliberation on the draft of the regional law on the Zonation Plan of Coastal Areas and Small Islands as well as Spatial Planning of Strategic Areas in North Jakarta was previously agreed to be postponed until 2019 due to the bribery cases handled by the Corruption Eradication Commission (KPK).
The reclamation project also put in moratorium some time ago when Rizal Ramli was still Coordinating Minister for Maritime Affairs. After Luhut Binsar Pandjaitan replaced Rizal, the moratorium was revoked.
The reclamation project involving 17 islands may also be resumed.
After receiving the green light, Basuki asked for the ratification. However, he has to learn from mistakes.
The granting of reclamation permits to a number of developers previously had legal defects.
Ideally, the two drafts of the regional laws on the reclamation were issued first before the reclamation permit was granted. However, what happened next is quite the reverse.
Not only that, as a foothold to issue the permit, Basuki did not include Law Number 1 of 2014 on the amendment to Law Number 2007 on the management of coastal areas.
The consequence is that before the two regulations were ratified, all the permits must be revoked.
It is not an exaggeration if there is suspicion that Basuki is playing the momentum of the governor election to proceed with the deliberation of the draft of the regional law on the reclamation project.
Besides, he is now supported by four political parties: the Indonesian Democratic Party of Struggle (PDIP), the National Democrat Party (Nasdem) NasDem, Golkar party, and the People’s Conscience Party (Hanura).
With the strength of four political parties — a total of 52 seats from a minimum of 70 seats as the prerequisite for a preliminary meeting— it is possible that the fate of the draft of the regional law on the reclamation will be determined through a political process in the parliament.
It is here that the potentials of bribery are likely to happen.
The KPK and The National Polices Criminal Investigation Department (Bareskrim) have to guard the deliberation of the draft of the regional law on the reclamation.
Previously, the deliberation was halted after KPK arrested member of the Great Indonesian Movement (Gerindra) party who received Rp2 billion bribe from a developer of the reclamation project PT Agung Podomoro Land.
Besides procedural maters, the permits of the environmental impact analysis also has to be considered. As of now, the process is not in accordance with the provisions.
The environmental impact analysis of the reclamation project is still partial. It means that the analysis is made island per island, not in the region as a whole.
The Environment and Forestry Ministry has demanded that the analysis is not done partially but as a whole because the reclamation project in the Jakarta Bay does not only bring impacts to the region but also to Banten and West Java.
What is equally important in the deliberation of the draft of the regional law on the reclamation involves stakeholders such as fishermen.
If only the executive and the legislative that are involved, it is also the people that will bear the brunt.
(*)
