Adil Al Hasan, Agung Sedayu, Jakarta – The Indonesian Forum for the Environment (Walhi) believes that there has been a potential violation of the law related to the issuance of land rights certificates for sea areas where the sea fence off the coast of Tangerang regency, Banten, was erected.
Meanwhile, there are two companies which have building use permits (right to build, HGB) for the area as revealed by the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) Nusron Wahid, namely PT Intan Agung Makmur and PT Cahaya Inti Sentosa. Both companies have building rights certificates (SHGB) covering a total of 254 plots.
Walhi is asking the government to evaluate and cancel the granting of land rights to corporations and individuals over the Tangerang sea area. "Investigate the legal violations in the process of granting land rights which involve the land mafia, both the issuers as well as the certificate holders", Walhi Executive Director Zenzi Suhadi said in a written statement on Monday January 20.
In addition to this, Walhi is asking the government to stop reclamation projects in the coastal and sea areas of Banten because it closes off access for coastal communities to their source of livelihoods and damages the environment at the source of the land dredging. The environmental organisation is also urging the government to cancel the Pantai Indah Kapuk Dua (PIK 2) National Strategic Project (PSN).
"Because it has been carried out with practices of legal violations that are structured, systematic and massive", said Suhadi.
During a press conference on Monday, Nusron Wahid admitted that SHGB and land ownership certificate (SHM) had been issued for the areas off the coast of Tangerang where the sea fence had been erected.
Wahid said that there were at least 263 plots in the form of SHGB with 234 of these in the name of PT Intan Agung Makmur and as many as 20 plots in the name of PT Cahaya Inti Sentosa, as well as and nine plots in the name of individuals. In addition to this, there are 17 SHM plots.
"There is also SHM, certificate of ownership, on 17 plots of land", Wahid said. "The location is also correct according to the Bhumi website application, namely in Kohod Village, Pakuhaji, Tangerang Regency".
Walhi traced the two companies and found they were affiliated with the PT Agung Sedayu Group, a giant property development corporation. The Agung Sedayu Group's affiliation is evident from the share ownership of PT Agung Sedayu and PT Pantai Indah Kapuk Dua.
In addition to owning shares in PT Agung Sedayu and PT Pantai Indah Kapuk Dua, Agung Sedayu Group's affiliation can be seen from the presence of the names of Belly Djaliel and Freddy Numberi, who is also the former Minister of Maritime Affairs and Fisheries for 2004-2009 period, as director and commissioner in the two companies.
"The two individuals are administrators of several Agung Sedayu Group business entities", said Suhadi.
Based on its Public Legal Document (AHU), PT Intan Agung Makmur is a private company with the Approval Document (SK Pengesahan) Number AHU-0040990.AH.01.01.Year 2023 dated June 27, 2023. The company is located at Jalan Inspeksi Pantai Indah Kapuk Dua (PIK 2) Number 5, Dadap Village, Kosambi district, Tangerang, Banten. This company is engaged in business activities in the fields of purchasing, selling, renting and managing real estate.
The company, which was established with a capital of 5 billion rupiah, is led by Kusuma Anugrah Abadi who owns 2,500 shares worth 2.5 billion rupiah. Meanwhile, Inti Indah Raya has 2,500 shares worth 2.5 billion rupiah. But neither hold any positions at PT Intan Agung Makmur. The position of director is actually held by Belly Djaliel and commissioner by Freddy Numberi.
Meanwhile, PT Cahaya Inti Sentosa is a company operating in the real estate sector. This private company was established on December 14, 2023 with Approval Document Number AHU-0078522.AH.01.02.Year 2023. The location of this company is in Area 100 Block C Number 6, Jalan Kampung Melayu Timur, Teluknaga, Tangerang, Banten.
The company, which was established with a capital of 89.1 billion rupiah, is owned by PT Agung Sedayu, PT Tunas Mekar and Pantai Indah Kapuk Dua, along with several other people. PT Agung Sedayu has 300 shares worth 300 million rupiah, PT Tunas Mekar Jaya has 300 shares worth 300 million rupiah, while Pantai Indah Kapuk Dua has 88,500 shares worth 88.5 billion rupiah.
Meanwhile, the leadership structure of PT Cahaya Inti Sentosa is Nano Sampono as president director, Kho Cing Siong as president commissioner, Belly Djaliel as director, Freddy Numberi as commissioner, Surya Pranowo Budihadjo as director and Yohanes Edmond Budiman also as director.
According to Walhi, this phenomenon reinforces the suspicions of many parties that a giant corporate property developer is involved in the 30 kilometre long sea fencing case. According to Walhi, fencing off a section of the sea is ocean grabbing.
"As has been called out by WALHI regarding reclamation projects in 28 provinces including sea sand mining projects", said Suhadi.
In its written statement, Walhi said that ocean grabbing refers to the seizure for use, control or access to marine space or resources from previous resource users, rights holders or residents.
Ocean grabbing occurs through inappropriate governance processes using actions that damage people's livelihoods or produce impacts that damage socio-ecological well-being. In addition, ocean grabbing can be carried out by public institutions, private interests or the interests of a group of people.
Tempo is still trying to get a response from the Pantai Indah Kapuk Dua management regarding these findings. Meanwhile, Agung Sedayu Group's owner Sugianto "Aguan" Kusuma declined to comment when asked by Tempo about the sea fence case that allegedly involves his subsidiary company. He appeared in public during the launch of the Ministry of Housing and Residential Areas (PKP)'s liveable housing program in the Tanah Tinggi Village in Central Jakarta.
Alleged legal violations
Suhadi says there is potential for legal violations related to the issuance of land rights certificates in marine areas. Based on Constitutional Court (MK) Ruling Number 3/2010 on the Management of Coastal Areas and Small Islands, the government is prohibited from granting business rights or agrarian concessions in coastal waters to businesses.
"The prohibition aims to prevent the parcelling out or privatisation that can cause damage to the environmental ecosystem, indirect discrimination, eliminate traditional rights that are hereditary, and threaten the livelihoods of traditional fishers, indigenous peoples and local communities", said Suhadi.
Article 65 Paragraph (2) of Government Regulation Number 18/2021 states that granting land rights in water areas can only be done after obtaining a permit issued by the ministry that handles government affairs in the maritime and fisheries sector.
In addition, Walhi also mentioned a statement by the Ministry of Maritime Affairs and Fisheries which stated that the fence above the sea in the Tangerang area does not have a permit (or is illegal). "So it can be concluded that there is a potential violation of the law in the process of issuing the land title certificate", said Suhadi.
Law Number 26/2007 Article 6 Paragraph 5 states that the management of sea and air space is regulated by separate laws. Regarding coastal and marine spatial planning, this is regulated under Law Number 27/2007 in conjunction with Law Number 1/2014 which gave birth to derivatives of marine spatial arrangements or RZWP3K (Coastal and Small Island Zoning Plan) which is now integrated with RTRW (Regional Spatial Planning).
Under Banten Provincial Regional Regulation Number 1/2023 on Banten Provincial Spatial Planning (RTRW) for 2023-2043, it states that this area is designated as an aquacultural area. "Thus, the issuance of the SHGBs constitutes a spatial planning crime committed by the Ministry of ATR/BPN as well as by a number of companies whose names have been mentioned above", said Suhadi.
[Translated by James Balowski. The original title of the article was "Pagar Laut Diduga Melibatkan Agung Sedayu: Aguan Bungkam, Walhi Minta Penegakan Hukum".]
