Amdal commission authorized to assess reclamation project
Leony Aurora, The Jakarta Post, Jakarta
The Central Environmental Impact Analysis (Amdal) Commission had the authority to conduct the assessment of a controversial Jakarta reclamation project, as it is related to the ocean, a witness told the State Administrative Court on Wednesday.
Article 1c in Chapter 11 of government ruling no. 27/1999 on Amdal stipulated this, said Karliansyah of the Office of the State Minister of the Environment in the court in Pulo Gebang, East Jakarta.
Prior to 1999, the matter was regulated by ruling no. 51/1993, which stated that Amdal assessments were the responsibility of local administrations or related departments, he said.
His testimony was part of the court proceedings in the dispute between the minister's office and six companies grouped in the Water Front City Management (PB Pantura).
Of the six, only two -- port operator PT Pelindo II and PT Pembangunan Jaya Ancol -- had been issued favorable assessments by the city administration since around 1997, Karliansyah said.
"They are still valid," he added, "as long as there was no change of location, processes or materials."
It was revealed during the hearing that the minister's office was ready to approve the project before Jakarta was hit by flooding in Jan. 2002, the biggest in the capital's history.
When the data derived from the devastating flood was used as the new standard for Amdal assessments, the project was deemed not feasible, said Karliansyah, who was also a member of the assessment commission.
The commission includes people from the minister's office, related institutions such as the Ministry of Fisheries and Maritime Affairs, PB Pantura, the Jakarta administration, non- government organizations and experts.
Another expert witness, Philipus M. Hadjon, said that a decree that had no legal consequences could not be regarded as final and should be treated as a recommendation.
"It's possible that the institution, which has the authority to issue permits (to carry out projects), doesn't follow the decree," said the legal expert from Airlangga University in Surabaya.
If such an institution did issue the permit, it would cause a conflict of authority between government agencies and the conflict should not be resolved in an administrative court, he added.
The environment minister's decree no. 14/2003 recommends that the north coast project, which will include the building of luxury houses, hotels and industrial zones on 2,700 hectares of reclaimed land, should not be executed as it was not environmentally friendly.
The decree is based on the founding of the Amdal documents assessment that the project would worsen pollution and cause floods.