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HGB Pulau Reklamasi Selesai Satu Hari, Sofyan Djalil: Kami Revisi

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HGB Pulau Reklamasi Selesai Satu Hari, Sofyan Djalil: Kami Revisi

Berita Islam 24H - Menteri Agraria dan Tata Ruang/Badan Pertanahan Nasional (ATR/BPN) Sofyan Djalil mengaku merevisi sertifikat Hak Guna Bangunan (HGB) yang diberikan kepada pengembang Pulau D dalam reklamasi Teluk Jakarta. Pulau buatan itu sebelumnya mendapat sertifikat HGB dari BPN DKI Jakarta Utara pada hari yang sama dengan surat diajukan, yakni 23 Agustus 2017.

Sofyan menyatakan, sertifikat HGB yang lalu diberikan seluruhnya kepada pengembang PT Kapuk Naga Indah (KIN) yang mengelola Pulau D. Menurutnya, pemberian sertifikat tersebut keliru.

"Kemarin HGB yang dikeluarkan 100% (kepada PT KIN) itu keliru, kami perbaiki," kata Sofyan di Kementerian Pertahanan, Jakarta, Jumat (3/11). (Baca: KPK: BPN Terburu-buru Terbitkan Sertifikat Reklamasi Pulau C dan D)

Dalam revisi, Sofyan menyebut pengembang hanya memiliki 51,5% HGB dari seluruh pulau D. Adapun, sisanya diberikan kepada Pemerintah Provinsi DKI Jakarta. "Selebihnya itu untuk fasilitas sosial dan fasilitas umum Pemprov DKI Jakarta," kata Sofyan.

Menurut Sofyan, pihaknya telah mengeluarkan sertifikat Hak Pengelolaan Lahan (HPL) maupun HGB sesuai aturan. HPL, kata dia, diberikan kepada Pemprov DKI karena pulau reklamasi C dan D berada di bawah kewewnangannya.

"Kemudian Pemprov DKI punya perjanjian dengan pengembang, kami berikan HGB," kata Sofyan.

Adapun terhadap pelaporan dirinya dan Kepala Kantor Pertanahan Jakarta Utara Kasten Situmorang terkait pemberian sertifikat HPL dan HGB Pulau C dan D ke Ombudsman RI, Sofyan menyatakan tak mempersoalkannya. "Itu hak masyarakat lah," kata Sofyan.

Sofyan dilaporkan oleh Koalisi Selamatkan Teluk Jakarta (KSTJ) atas dugaan maladministrasi dalam pemberian HPL dan HGB Pulau C dan Pulau D. Pelaporan tersebut disampaikan hari ini di Kantor Ombudsman, Jakarta, Jumat (3/11).

KSTJ sebelumnya menyatakan keberatan atas terbitnya HPL dan HGB Pulau C dan Pulau D proyek reklamasi Teluk Jakarta kepada Kementerian Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional.

Keberatan ini dituangkan dalam surat Nomor 014/SK/KSTJ/VIII/2017 tentang Permohonan Pembatalan Pemberian Hak Pengelolaan oleh Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional kepada Gubernur Provinsi Daerah Khusus Ibukota Jakarta dalam rangka proyek reklamasi Pulau C dan Pulau D di Teluk Jakarta tertanggal 14 Agustus 2017.

Keberatan itu dilayangkan karena KSTJ menilai ada banyak masalah hukum yang membuat HPL dan HGU tersebut tidak layak terbit. Hal tersebut, salah satunya karena izin lingkungan baru diajukan setelah Pulau C dan Pulau D berdiri.

Selain itu, pembangunan pulau yang menyatu juga dinilai bertentangan dengan Lampiran I Gambar 24 Peraturan Daerah Provinsi DKI Jakarta Nomor 1 Tahun 2012 tentang Rencana Tata Ruang Wilayah Jakarta 2030.

KSTJ juga menilai tidak adanya Peraturan Daerah tentang Rencana Detail Tata Ruang Kota, Peraturan Daerah tentang Rencana Tata Ruang Kawasan Strategis Kota, dan Peraturan Daerah tentang Rencana Tata Ruang Kawasan Kota sebelum diterbitkannya HGB dan HPL. Hal ini dianggap bertentangan dengan Peraturan Menteri Pekerjaan Umum No. 06/PRT/M/2007 tentang Pedoman Umum Rencana Tata Bangunan dan Lingkungan.

HPL dan HGB juga dianggap cacat karena untuk melakukan reklamasi di Teluk Jakarta seharusnya ada Peraturan Daerah tentang Rencana Zonasi Pesisir dan Pulau-Pulau Kecil. Selain itu, Peraturan Daerah tentang Rencana Tata Ruang Kawasan Strategis Pantai Utara Jakarta yang diperlukan dalam pembangunan reklamasi juga sampai saat ini belum ada.

Namun, hingga pengaduan ke Ombudsman dilakukan tidak ada respon ataupun jawaban atas keberatan yang diajukan oleh KSTJ. KSTJ menilai hal tersebut menandakan bahwa Menteri ATR/BPN telah turut serta dalam berbagai pelanggaran hukum yang terdapat dalam proyek reklamasi Teluk Jakarta, khususnya pulau C dan D.

"Pelanggaran hukum tersebut termasuk dalam kriteria maladministrasi sebagaimana disebutkan dalam Pasal 1 angka 3 Undang-Undang Nomor 37 Tahun 2008 tentang Ombudsman Republik Indonesia," kata Perwakilan KSTJ dari LBH Jakarta, Nelson Nikodemus Simamora.

Terhadap laporan ini, KSTJ berharap Ombudsman Republik Indonesia dengan kewenangannya dapat segera melakukan investigasi terhadap dugaan maladministrasi dalam pemberian HPL dan HGB. KSTJ juga mengeluarkan rekomendasi mengenai penyelesaian terhadap laporan dugaan maladministrasi tersebut. [beritaislam24h.info / kdc]
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