Jakarta, Aktual.com – expert in Constitutional Law from the University of Bengkulu, Juanda assess the Commission may investigate alleged violations in licensing reclamation Jakarta bay. The reason, there has been a criminal offense in the reclamation of bribery discussion draft.
He explained that if the reclamation permits issued by Jakarta Governor Basuki Tjahaja Purnama alias Ahok is not in accordance with the procedures it is suspected there was an element of corruption. Commission in this regard should dare to enter those realms.
“All those who violate these legal issues are at least two aspects, unprosedural and substance. If for example the issue of the permit does not comply with the rules and the cause of corruption that person could be dragged,” said Juanda to Aktual.com, Monday (2/5).
According to him, the entrance to probe allegations of corruption is bribery case discussions develop a draft regulation on the Zoning Plan for Coastal Areas and Small Islands Jakarta Year 2015-2035, and the draft law On Area Plan Strategic North Coast Jakarta.
In this case KPK institution that has caught the hand of the Chairman of Commission D of Jakarta City Council Mohamad Sanusi and President Director of PT Agung Podomoro Ariesman Widjaja as well as the personal assistant Prihantoro Trinanda PT APL.
“Oh yes, why is not Bribes draft (an entrance). This is what I say must be investigated by law,” he said.
It is known that, in less than two months after Ahok set as Governor of Jakarta on 23/12/2014 ago, Ahok for the first time issued a permit reclamation. Then in 2015, former politician from the three parties that back issue licenses for the reclamation of some developers.
However, the legal basic used by Jakarta Governor Ahok to permit reclamation is against the regulation number 54 of 2008 on the Jabodetabek area Punjur. In the regulation, the regulation number 54 firmly that Presidential Decree No. 52 of 1995 has been revoked.
If Ahok use of Presidential Decree 52 of 1995, to be seen of the Presidential Decree has been replaced by the regulation number 54 of 2008 on spatial planning Punjur Jabodetabek region. In article 72, explained that Presidential Decree No. 52 of 1995 declared invalid.
Besides Jakarta Bay reclamation project also allegedly violated a presidential decree No. 122 In 2012 the local government, in this case the Governor of DKI Jakarta is not authorized to issue permits for reclamation.
The assertion licensing reclamation is a victory of central Government under Regulation No 26 On the National Spatial.
Additionally strengthened by Law No. 1 of 2014 on the amendment of Law No. 27 of 26 on the coastal areas and small islands, the authority of the central government in this regard KKP and minister of environment.
Because, in the reclamation project, which is entitled to issue licenses reclamation is ministry of maritime and fisherman (KKP). This is confirmed in Article 16 paragraph (2), (3) and (4) of Presidential Regulation No. 122 of 2012 on Reclamation in Coastal Areas and Small Islands.
With the existence of these laws, it should endlessly Jakarta governor has no authority to permit reclamation of Jakarta Bay. Even so, the fact that the Governor of DKI has issued four licenses for the four island of Pulau G, F, I, and K.
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