City planning full of inconsistencies

By Edith Hartanto and Hyginus Hardoyo

JAKARTA (JP): Life in Jakarta is a matter of survival.

Besides being forced to struggle for everyday needs, including food and clothing, people have to be clever enough to choose strategic plots of land either for residences or businesses.

Sometimes shrewdness alone is not enough because people can still fall victim to the city administration's poor supervision and implementation of land use regulations, even if they have met all the mandatory requirements.

Inconsistency in city planning can deal a heavy blow to the public as it frequently results in buildings being demolished or their owners being evicted for the sake of what officials call "upholding the city's regulations".

On the surface, the capital -- home to at least nine million people -- seems to only care about building more skyscrapers and other projects considered profitable, even though the rules have to be "bent and broken" to ensure a venture is completed.

Controversies over inconsistency have been in the spotlight this year mainly because of rampant land use violations in Kemang where many homes in the residential area have been convert for commercial activities; the construction of Hotel Mulia Senayan, which exceeded its permitted height; as well as the relocation of Blok P Cemetery -- all in South Jakarta.

According to the city's 1985/2005 spatial plan, Kemang was designated a residential area, which has become known as the center for expatriates.

Due to the dynamic demands and needs of its community, Kemang has developed over the last 15 years into an amusement and business area with 248 commercial outlets ranging from bars, cafes and restaurants to art shops. These outlets are scattered along the narrow streets of Kemang Raya, Bangka Raya and Prapanca.

Every night, hundreds of celebrities, businesspeople, artists, intellectuals, professionals and university students -- many sporting flash cars -- flock to Kemang.

Businesses, which according to existing regulations should occupy only 15 percent of the area, now occupy more than 90 percent.

Not surprisingly, the area's transformation has created new problems including traffic congestion, a lack of parking spaces and the demolition of sidewalks.

Former governor Surjadi Soedirdja, whose term ended last October, took the blame for the transformation of the area, saying that besides poor supervision there had been "too much abuse of temporary permits" by city agencies.

A gubernatorial decree was issued on March 18 stating that all building permits in the area were to be checked in a bid to restore Kemang to its original purpose.

A special team from the Bandung Institute of Technology, headed by Muhammad Danisworo, who is also chairman of the city's architectural team, was ordered to conduct a six-month study of building usage in Kemang.

"The area has been left uncontrolled for a long time," Danisworo said.

After confusion over whether Kemang businesses would be allowed to continue operating, Governor Sutiyoso finally decided last month to close down 180 businesses which lacked proper permits.

Of the 180 businesses, 22 have been shut. Among those who have closed their doors were Cafe Padussi, J & J Restaurant, Rossini Bakery, Star Mart mini mart, BCA bank, Iams Eukanuba pet food shop, Linggar gallery & restaurant, Nu Look Laundry and Kemang Jaya Photo Studio.

Business owners protested the action which was viewed as unfair.

"Why were we given the permits (to do business) when they know the area is a residential site?" Atik Yunaeni, one businesswoman said.

Danisworo urged the city to be more open-minded in its view of urban transformation.

"It's time the city dealt with the matter properly to help save the 4,000 workers who will be affected."

South Jakarta mayoralty has recommended Kemang businesspeople relocate to three alternative sites in South Jakarta: Jl. Panglima Polim, Jl. Warung Buncit and Jl. Radio Dalam. The businesspeople have not responded to the offer.

Hotel Mulia

The construction of Hotel Mulia made headlines after it was revealed that the five-star hotel was reportedly built on a green area and exceeded its permitted height.

Then just last month, the developer announced that it had been given a "green light" to breach the height limitation.

The project had proceed because it was desperately needed and had to be completed within 10 months for the sake of the 19th SEA Games in October.

No contractors were willing to develop a hotel on such a tight schedule. But Gelora Senayan Management Board later awarded Mulia Group the US$240 million project apparently with an understanding that the group could build a second tower adjacent to the hotel.

The hotel's construction started in November 1996 and was inaugurated by President Soeharto in September.

Under the plan, cosigned by the city governor and minister/state secretary, the hotel was permitted to have 16 floors but instead stands 40 stories high with 1,008 rooms.

The hotel's management insists that it will complete the second 56-story tower regardless of objections from city councilors on the ground that the project may affect traffic on surrounding roads -- as the hotel has insufficient parking -- and encroach on pedestrian sidewalks.

Speaking on behalf of the hotel's management, Enggartiasto Lukita said construction on the second tower would be delayed temporarily due to the monetary crisis.

"But we will continue the project later. We can't possibly get sufficient investment returns if we don't build (the second tower)," Enggar said.

According to city bylaw No. 4/1975, if the second tower is built, the hotel will be subject to Rp 72.32 billion (US$14.46 million) in fines for violating height regulations in addition to Rp 20.8 billion in fines for the first tower.

To date there has been no official answer from the municipality regarding the hotel's development of a second tower.

The hotel's management refuses to pay the fine, saying that no such obligation was mentioned in its agreement for construction of the hotel.

"The municipality has freed us from all that since the beginning of the contract," Enggar said.

Panangian Simanungkalit, chairman of the Center for Indonesian Property Studies, expressed concern over the number of buildings constructed before their building permits were issued.

This phenomenon stems from selective enforcement of the law, which can be influenced by political power and money, he said.

And the penalty for developers who violate such regulations are too small -- only 8 percent of the difference in the residual land value of the building before and after the violation, he said.

A similar fine in Singapore, however, is set at 50 percent -- enough for the government to build the necessary infrastructure to compensate for the impact of the violation.

Because the fine in Indonesia is tiny compared to the advantages a developer can obtain after the violation, such breaches are now commonplace, he said.

Cemetery

The inconsistency in implementing land use regulations does not only affect the living.

Last September, the South Jakarta mayoralty decided to relocate 4,626 graves at Blok P Cemetery, including that of Ade Irma Suryani who was shot dead in a coup attempt by the banned Indonesian Communist Party in the early hours of Oct. 1, 1965.

Ade Irma, who is revered as a national hero, was the youngest daughter of former House speaker and respected senior military member Gen. (ret) Abdul Harris Nasution.

News of the relocation, to make way for a new mayoralty office, sparked a public outcry.

The public response illustrated people's displeasure at the insensitivity, as well as the arrogance, of the municipality in handling the affair.

After a month-long battle, the municipality eventually backed down and settled the matter with the Nasution family.

Ade Irma's grave was not removed and the city even agreed to build a monument on the site, which will be integrated into the development of the South Jakarta mayoralty office.

As for the other graves, however, the municipality relocated them to other cemeteries, including Tanah Kusir and Srengseng Sawah, both in South Jakarta.

The entire affair nevertheless created a feeling of uncertainty about the permanency of a cemetery if even important national figures such as Ade Irma are not spared from bureaucratic decisions to reuse public cemetery land.

Putting aside the argument about whether the municipality needs a new office, this case is cold comfort to anyone planning a burial in one of the city's public cemeteries.

It seems that even in death people cannot avoid the hands of bureaucracy.

"This is Jakarta, where even the dead can be evicted for the sake of development. Rest in peace? I don't think so. There is no 'rest' in this city," Reza P. Lontoh, a man whose father was buried at Blok P Cemetery, said.

Noted urban planner Adhi Moersid and sociologist Sardjono Jatiman underlined the importance of consistency in the implementation of the city plans to avoid further overlapping.

Adhi, who won the Aga Khan Award for architecture and was former chairman of the Indonesian Architects Association, expressed concern over the many developments which were not given serious thought.

"Currently there's a wide gap between the high demand for fast development and the lack of detailed planning to support it," he said, adding that this is a serious and difficult task for the city administration to solve.

"I know Jakarta wants to be equal with other big cities overseas, but it doesn't make any sense if an area as large as Jakarta is ruined by unplanned development.

He said most of the city's developments were still dominated by those who had strong financial backing.

Sardjono, a lecturer of University of Indonesia, said that consistency in the implementation of the city plan will prevent violations of designated land use.

One of the most effective ways to prevent inconsistency, according to Panangian, is transparency in the existing city plan.

The municipality must give the public access to detailed information on any projects, including the exact locations, size of sites and the latest property prices.

He said that the price of land in Greater Jakarta has been soaring, mostly driven by speculators and brokers who have inside information on project plans.

Speculators and brokers often entice locals to sell land at low prices and then resell it to developers at high prices.

"Such practices are unhealthy and unfair. Openness and transparency in the latest spatial plan will help residents deal with land brokers and speculators."

Panangian said the administration would gain public support if it provided residents with detailed information about projects.

"The public, who are usually happy if the projects don't disadvantage them, will give their support if they know they will benefit too."