Friday, 8 April 2016

Questioning Reclamation North Beach district of Tangerang

Questioning Reclamation North Beach district of Tangerang
By Budi Usman *)

As Reported Tempo.co.id that the KPK arrested were the members of City Council M Sanusi, alias Bang Uci graft Jakarta reclamation project, in addition to members of the City Council, the Commission also set out some private parties who allegedly bribed legislators for reclamation projects.

Disclosure of this case has a message that public policy is influenced corporate interests. "KPK very concerned we want to target major corruption involving the private sector and importantly are examples plenary where corporate influence public policy," said KPK deputy chairman Laode M Sharif, the KPK building, Jl HR Rasuna Said, Friday (1/4 / 2016). According Laode, with the disclosure of this case, it is expected that policy makers do not make the parliament more favorable policies of the corporation. Laode asserted, public policy should have an interest in public is not the interest of one group only.


Coastal regions and conditions of the North (coast) Tangerang Regency has long deteriorated condition. In addition to losing the ability as an agent for the protection of coastal ecosystems, also looked unkempt and tend to ignore.

Plans prestigious reclamation Pantura ever released in 1985 under President Soeharto, initially would earn acclaim as the government's attention on the condition of the area that according to Presidential Decree (Decree) No. 32 of 1990 and Government Regulation (PP) No. 47 of 1997 was a protected area demarcation beach.

From our Confirmation Party Government as regulator of the activities of Coastal Reclamation Tangerang that have occurred since 2 Years ago in zoning the northern coast of Tangerang namely through Tangerang Regency cq Head of Spatial Ubaedilah and Blogroll Through Head Bapeda Banten Hudaya, that activity Reclamation wild right now in doing is unconstitutional and illegal.

From our records 11/24/2015 that hundreds of fishermen from the District Kosambi, Teluknaga, Paku Haji Kamal Muara Angke and unionized traditional fishermen to rally. They reject the reclamation in the Gulf Coast region of Jakarta and Tangerang, as it is considered detrimental to traditional fishermen.

Seen dozens of boat driven by the fishermen come reclaimed island Dadap beach around 11:00 pm noon. They were immediately there was a demonstration by the way around using traditional boat while giving speeches refused Tangerang to Jakarta reclamation project that is currently underway. Prior to the location Dadap, they first gathered at the fish auction place (TPI) Kamal Muara.
Traditional Fishermen's Union Chairman Aziz Suwandi said, with the development of land-reclamation Dadap to Kamal, the fishermen began to have difficulty finding fish including complaints was felt by cultivators shells. Because, the development of indirect impact on water quality is increasingly polluted. "I hope the government pay more attention to the fishermen for their livelihood every day rely on fish catches at sea," he said when giving speeches on his boat.

Aziz added, after two years of struggle against the fishermen and coastal communities of central and local government policy, but until now has not produced anything. He suspects the government better protect employers rather than defend fishermen and coastal communities are currently experiencing difficulty in finding the fish. "It looks like the bureaucrats, government, parliament subservient to the power of capital, even in the field when the people's protest no one who cared about him," he said with disgust.

Meanwhile Demo Action coordinator Aris said, From the past until now the traditional fishermen has been trying to mediate to oration peacefully. But the suffering and misery of fishermen are still ongoing in conjunction with then-lalangnya trucks and ships carrying materials that continues day and night sea to bury and hoard used as tourist attractions. "The existence of Coastal Reclamation construction of almost all marine life, especially crab, fish and fishing nets fishing gear damaged and destroyed,". Other fishermen will also continue to rally until the construction stops doing the reclamation. Fishermen hope the government must find the best solution for the people of coastal and traditional fishermen who currently have difficulty in catching fish. Already this month catches of traditional fishing boats continued to decline, presumably because sea water began to dirty and contaminated.

Tangerang regency government plans to reclaim the beach area of ​​9,000 hectares. To smooth the plan, Tangerang holding high profile developers, such as Salim Group and PT Agung Sedayu. Reclamation made to the property business. Going forward, there will be no residential areas, business center and services, industrial areas, warehousing, as well as the port and container. Tangerang northern coast reclamation plan and the surrounding area has many years of controversy. Mainly clear on what benefits will be taken and securities or damages what might happen to be borne not only by the relevant authorities, but also by the people, especially residents of Tangerang and surrounding areas.

WALHI reject Reclamation

Manager Disaster Management Environment Forum Mukri Friatna rejected plans for the reclamation along the northern coast of Tangerang, Banten.Walhi assess the reclamation would affect the ecological balance of the sea in the area. Reclamation makes underwater organisms such as coral reefs will die. Including fish that live around the reef. According to WALHI, the death of marine life injure ecological justice. Therefore, the right to live not only humans, but also of other creatures. He added that if the dead marine life, government and developers have violated Law No. 32 of 2009 on the Protection and Environmental Management. Based on this rule, too, reclamation is only allowed when environmental damage occurs due to hit abrasion. WALHI not agree if the reclamation is done only for business purposes only. If the business motive, whether in order to rescue the interests of the environment.

Tangerang regency Apology

Department of Spatial Data Tangerang, Tangerang with the International City (TIC) entitled to appoint a number of developers to jointly build a New Town Pantura. The new city will take the form of seven islands divided into residential areas, business center and services, industrial zones following up warehousing and container port. The breadth of diverse, ranging from 2000, 2500, up to 3000 hectares. The port was built of 1500 hectares. Tangerang Regency Government took the Salim Group and General Sedayu Group in New Town development megaproject Pantura. Two giant developers that will build a reclaimed area of ​​9000 hectares, which will be shaped islands along the northern coast of Tangerang on the beach Dadap, Kosambi, until Kronjo. International Tangerang City (Salim Group) as Sedayu who have obtained a permit. Great Sedayu will also build a business and residential district on the mainland.

Currently the property developers have to obtain a location and a fence law through law number 11 of 2011 on Spatial Tangerang District to work on the business and residential district in the District of Kosambi and Pakuaji. Construction of the same concept will be the developer Great Sedayu on land reclaimed later.

Tangerang Regency Government felt it claims to have obtained permission from the National Spatial Planning Coordinating Board (BKPRN) for the reclamation of 9,000 hectares on the north coast of Tangerang. The license was issued on September 23, 2010, which among other things allow the construction of a new town in the northern coastal region Tangerang Tangerang by way of reclaiming the sea.

FACT
However, the investor (developer), Tangerang Regent as head of the local government and Parliament should be responsible for saving a protected area beach seems not objective anymore. In fact, the smart developers coastal reclamation, using the shield executive-legislative and experts in higher education as a constituent of the concept of "sweet" and study the draft regulations as well as the EIA (environmental impact assessment) are ready to defend the forefront of the development of new lands new to the system folder basis "scientific". Though it is clear that the issue of reclamation is not solely based administration, but should be based on the ecosystem. Moreover, parts of the coastal districts tangerang designated as a green belt as set forth in Law No. 5 of 1990 on the concept of conservation of the beach.

In an effort to use the land or the land to be reclaimed arise there are differences of opinion. No land as "land" that has been used as yet another form of "land", but rather new as a shallow puddle. There is also a raised piece of land has been utilized, when the nature of the land is still not appropriate to be processed to be agricultural land, because the land is still high salt content. In the raised ground growth, the occupation of land by the public is not necessarily wait until there really is a form of "land". Once the land that emerged later starts processing into good agricultural land, the occupation of the people on the ground usually been steady.

It should be also noted Law No. 51/1960, concerning the prohibition to use the land or the earth for everyone who does not have a legal permit from the ruler of the land. UU no. 5/1960 prohibit illegal use of the earth in the form of either any stage it is still tangible waterlogged soil regularly, or who have tangible solid ground. With the law No. 5/1960, the Regional Government authorities take appropriate action if there are violations of law as described above. Of land arises, in any stage of its form, usually there is vegetation. If there are cutting down trees but not directly utilize the land, the person may also be prosecuted as criminals under Law No. 5/1967 on the Principles of Forestry. Where to pollution or environmental damage, claims may also be based Law 32/2009.

The above items will be different if the reclaimed sea entirely. Therefore, land rights only apply to the extent of sand. Therefore, the sea can not be clung to land rights. Holders of rights over the sea up to the limit specified by the "UNCLOS" which Indonesia has ratified by Law No. 17 of 1985 is the state. Thus, the entire region of Indonesia's seas delegated to the Department of Transportation for the benefit of the cruise. The problem that can arise is how the status of the land arising from reclamation. As long as there is no legal provision for sure, the problems can be solved by following the legal provisions existing positive ground.

When sorted stages of the emergence of new land, according to Prof. Dr. Maria Sumardjono MPA SH MCL in his book (2001) about the land policy is as follows

First, the shape of the sea controlled by the state. Second, reclaimed the permission granted by the government and the reclamation permit may be granted after the EIA carried out in accordance with Regulation number 51 in 1993. Third, emerging new ground which is certainly controlled by the state, because the license is reclaimed solely for reclaiming and not to control the land reclaimed. Once the new ground was obviously his form, then the public may invoke a right over the land to the government for use in accordance with the allocation determined by the government. Based on the principles of propriety, of the parties to reclaim first priority to apply for rights to the land.

The transformation of the coast became dry land as "reclamation" in the explanation of the regulations reclamation of article 6, paragraph 2 is through a system folder that is interpreted as a system of water flow to an area of ​​the surface of the resilient lower than the surface of the surrounding water because the area is protected all around by a dike with using the hydrological system, which holds the water through the drainage system into one or several levees, which then is pumped water to be discharged into the sea.

But the fact that there will be obviously built with an obsession business advantage. It costs five to 10 years in the first-mentioned developer may now be multiplied 10 times will still be very small compared to the selling price of the land to be very high and business development control authorities in the area of ​​new land which is very profitable.

The positive aspects "reclamation" is admittedly a bit. Well-organized beach area, the availability of business space and new housing, employment lively which implies a solution penangulangan poverty and pengannguran, or increase the flow of investment that would be created would not be readily available at this time. The development of new tourist space also reduced the flow of tourists to the Peak area that has been very solid. However, it should also be realized that the negative aspects that arise many short term or in the long term. In a very large scale and painful, or that is not sensed directly, which will appear in the beginning is the changing pattern of ebb and flow pattern of water limpas die from upstream to downstream that will certainly exacerbate the quantity and quality of downstream flooding.

As a conservationist in the construction of the district of Tangerang, I more inclined to choose a moderate pace. Build by not sacrificing environmental ecosystem and always try to achieve the economic benefits of a development effort is precisely through the support and potential environmental improvements. So, what is the case with this Pantura? Hopefully Regents and DPRD Tangerang participated understand the concerns of the damage and loss of coastal environmental resources that would torment his people although pleasant few powerful interest groups.

Reaction Banten Environment Watch
"Judging from his theory, the new urban development scheme is good enough. As citizens we hope that realization is done immediately. Do not protracted. Given create a new island takes no small amount, "said Cholid Pantura resident Ismail who is also Director of Banten Environment Watch.

Currently light Cholid, Tangerang regency government's seriousness tested related to the realization of the great plan of reclamation. Given that, prior to 2012, this plan has been predicted to be a prestigious project. Cholid rate, if realized one of the advantages for the citizens of the northern coast is opening up jobs. Also included with reclamation which aims to create a new city will push overall infrastructure improvements in the area of ​​the northern coast. "There are two impacts. The first impact was the growth area of ​​the northern coast and the growth of employment. The second impact, there may be a fear of environmental damage. But I think, there is always a positive and negative impact on development. It can be eliminated by maximizing system in the process, "said Cholid.

Still according Cholid, this prestigious plan must be accompanied by strengthening of oversight in construction. By doing so, negative impacts or irregularities that may occur can be eliminated. "As far as I've been there the consortium that prepared the plan deal with this. Hopefully this can be realized because the project has been predicted since a few years ago, "he said.

Closing
Consideration of environmental ecosystems must be done really carefully. Not to be forced to build the widest dry land. Provision of land conservation of mangroves and coastal forests (including planting trees deep roots in the settlement) it should be a priority of the protection of the coastal environment, rehabilitation of ecological damage and affected dipangsa should be designed and implemented early. Tangerang Regency Government should set up a program in anticipation of changes in social services, including preparing the land prospective arrangements so as not to trigger social horizontal conflicts in society.

Apart from premature socialization reclamation to the public, we hope to soon be able to obtain seriousness comprehensive planning involving all stakeholders and the implementation of the objective of a study and the study until the environmental implications, which is really reliable to base an important decision for the implementation of development Tangerang District integral in frame public welfare.

We hope the law enforcement authorities such as the AGO and the KPK was willing to step in and provide legal sanctions against unscrupulous developers and koorporat and the Government which has the potential to commit the alleged violation of law violations in a scandal this Reclamation.

With the wisdom of the disclosure of the scandal reclamation Jakarta by the Commission, it is expected the policy makers and the Tangerang District in Banten DPRD and local government level does not make policy more favorable corporate, public policy should have an interest in the public and not the interests of one class alone. Dibayakan that public policy can be created for the benefit of certain people and a handful of people in the interests of certain groups.
Wallahu nature bisawab ***

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