Officials powerless against bylaw violators
Multa Fidrus, The Jakarta Post, Tangerang
The bylaw stipulates clearly that the riverbanks, which are included as green areas, must be free from buildings. The fact shows that two fancy restaurants are standing on the Cisadane riverbank.
However, the Tangerang municipal administration turns a blind eye to the reality.
The first restaurant is the Istana Nelayan, located on a 4,500-square-meter lot in Kebon Nanas area and adjacent to the Jakarta-Merak toll road on 19.5 kilometer mark heading to the capital. The second is the newly opened Selera Kuring restaurant on Jl. Perintis Kemerdekaan in Tangerang.
The Istana Nelayan general manager, Sandi Kumara, denied that the restaurant's presence has violated the bylaw.
"We rent the area on the riverbank from the Tangerang Irrigation Agency Office. We built the restaurant 30 meters away from the riverbank so we don't break the border line. We have also grown plants to provide good views," he told The Jakarta Post.
He even said that the restaurant has extended the contract on the land for the second year. Each year the restaurant must pay Rp 1,125,000 to the agency office.
The Tangerang administration deputy on development control and supervision, Harry Mulya Zain, admitted that both restaurants presence has violated the bylaw but he could not take any measures.
"I have no authority," he claimed.
Harry explained that his authority was limited only to control and supervise the development activities financed by the municipal administration.
He pointed his finger to the Permit and Capital Investment Agency, Public Works Agency, Irrigation Agency and Tourism Agency as the ones who were supposed to be responsible for issuing the permits to both restaurants.
The Public Policy Study Institution (LKP) director, Ibnu Jandi, said the presence of both restaurants has violated Article 4 Bylaw No. 6/1994 on riverbank border line. But none of the administration officials have taken stern measures although the institution has protested previously.
He said the bylaw, which is also strengthened by the Ministry of Home Affairs regulation No. 63/PRT/1993, stipulated that the violator must be sentenced to three-month prison term and the building must be demolished.
"The two restaurants presence at the riverbanks can create discrimination as the Cisadane riverbanks have interesting areas for business," Jandi told the Post.
The Solidarity for Indonesian Community (Somasi), also focuses its study on public policy, said the administration has broken its own bylaw by issuing permits for both restaurants.
"The administration officials are paid to enforce the law, but they did just the opposite. How can we trust that there is law enforcement here?" Somasi chairman, Icung Noor, said.