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January 24, 2025 | 10:09 pm
TEMPO.CO, Jakarta - The Corruption Eradication Commission (KPK) has received a report regarding allegations of corruption in the issuance of the right to build certificate (HGB) and ownership rights certificate (SHM) in the waters of Tangerang, Banten, which has been sealed with a fence. The report on the sea fence case was filed by the Coordinator of the Anti-Corruption Society (MAKI), Boyamin Saiman, on Thursday, January 23, 2025.
"The report just came in," said KPK spokesperson Tessa Mahardhika Sugiarto when contacted by Tempo on Thursday.
She explained that the report would be verified, reviewed, and passed through the collection of materials and statements first. It is a process before an investigative audit, aimed at gathering sufficient initial evidence before an investigation.
"It will be assessed whether there is anything that needs to be supplemented by the reporter or if it can be followed up to the investigation stage," she said.
Tessa mentioned that the KPK will need about one to two months to decide whether the report can be followed up to the investigation stage, provided that the materials are complete.
Boyamin said that the reported individuals in this case range from the lowest to the highest-ranking employees. He did not specifically mention the names of those reported. However, he attached a decree signed by two Ministers of Agrarian Affairs and Spatial Planning (ATR/BPN) as the basis for issuing the SHM and HGB in the location.
"The issuance of these land certificates is suspected to be defective, not following the procedures, and/or fraudulent," he said when confirmed by Tempo on Thursday.
Boyamin mentioned that the issuance of the certificates violated Article 9 of Law Number 20 of 2001 on the Eradication of Corruption. "The penalty is imprisonment for at least 1 year and at most 5 years, and a fine of at least Rp50 million and at most Rp250 million."
Previously, a criminal law expert from Trisakti University, Abdul Fickar Hadjar, stated that the KPK could follow up on the case of the 30.16-kilometer-long sea fence in the waters of Tangerang. This is because the case is dominated by corruption and abuse of power. It was recently revealed that the sea area has the SHM and HGB.
"The way to do this is by calling them to the KPK, or the prosecutor's office and the police. If they refuse to come, there is a reason, then immediate enforcement action such as arrest can be taken," he told Tempo on Wednesday, January 22, 2025.
Meanwhile, the applicants for the HGB and SHM could be processed by the police along with investigators from the Ministry of Environment and Forestry. "It is very clear that the Agrarian Minister who was in office when the certificates were issued can be prosecuted, as well as the Tangerang National Land Agency (BPN). Also, the entrepreneurs who built the fence in the sea," Fickar added.
Tempo's report titled "Behind the Sea Barrier in Tangerang" revealed the right to build certificate (HGB) and land ownership certificate (SHM) issued by the Tangerang District Land Office in Kohod Village, Pakuhaji Subdistrict, Tangerang, Banten in 2023. The area reached 300 hectares.
Of the total HGB found, 234 plots belong to PT Intan Agung Makmur, and 20 plots are under PT Cahaya Inti Sentosa. Then there are 9 other plots registered to individuals. Then, 17 plots in the area have SHM.
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