“When the Lake Was There, Our Wells Weren’t Dry”

Irwansyah, 50, earnestly hopes that someday, Situ Kayu Antep, will be functional again. Aside from being connected to many memories, Situ Kayu Antep is needed to maintain residents’ well water supply in their homes.

KOMPAS/HENDRA A SETYAWAN

Tujuh Muara reservoir in Pamulang, South Tangerang, Banten, Monday (30/9/2019). The resorvoir is relatively well maintained and preserved. Some green areas in South Tangerang extensively shrink due to the conversion of functions into housing.

Irwansyah, 50, earnestly hopes that someday, Situ Kayu Antep, a lake in Rempoa, South Tangerang, Banten, will be functional again. Aside from being connected to many memories, according Irwansyah, Situ Kayu Antep is needed to maintain residents’ well water supply in their homes.

“When the lake was still there, our wells weren’t prone to dry up,” he said.

Despite the vital function to maintain the availability of untreated water and control flooding, government protection of lakes in Greater Jakarta remains weak. Situ Kayu Antep, for instance, since the announcement of the Banten High Court’s decision in 2012, has been owned and controlled by developer PT Hana Kreasi Persada.

Transactions between notary public and the local National Land Affairs Agency (BPN) were unknown to surrounding residents, including Irwansyah. “Unexpectedly, a developer was already in control. We had no knowledge of any of it,” he added.

Lake transactions

The Situ Kayu Antep land transaction process was contained in the Benten High Court’s decision concerning a lake land dispute that involved PT Hana Kreasi Persada and the South Tangerang city government.

KOMPAS/SATRIO PANGARSO WISANGGENI

A resident, Saturday (7/9/2019), is cleaning the water of Gunung Putri Reservoir, Bogor regency, West Java, from water hyacinth. The existence of such a reservoir, as a flood controller, is under threat due to rapid expansion of the construction of residential complexes.

The decision stated that the property right certificate of Situ Kayu Antep land was already issued by the BON in 1974 in the name of Tadjuddin. The Situ Kayu Antep land was later sold to another party so that the certificate was transferred in the name of Darnelis. Finally in 2008, the lake land was purchased by PT Hana.

A Kompas team once had difficulty in finding the whereabouts of PT Hana. In several court decisions related to the Situ Kayu Antep land dispute, the company had registered different addresses. In a decision, the firm’s address was Jl. BSD. But in another decision it was domiciled in Alam Sutera, South Tangerang.

After visiting each of the addresses, PT Hana was discovered in one of the shop-houses in the Alam Sutera area. There, the developer was engaged in door trading business.

PT Hana said the acquisition of the lake’s land had been carried out according to standard procedures. Erwin Kallo, the attorney for PT Hana President Director Hendrik Kadarusman, explained that it was impossible for his client to buy questionable land, especially in this area. All documents were also valid because the property right certificate of the land had been issued in 1974.

Since 2017, the government has strived to protect lakes, dams and reservoirs in Greater Jakarta.

“We complied with the rules. The court also decided in our favor. It would have been impossible for us to make this purchase if there were plans for a lake. It would have been ridiculous,” said the lawyer.

Heaping certificates

The fate of Situ Cipondoh, Tangerang city, isn’t far different. Although there’s no construction activity on it, the 126-hectare area has secured no less than 18 property right certificates (SHM) and building right certificates (HGB).

The Kompas team has found that on the land plot map published by the BPN on atrbpn.go.id, almost the entire area of Situ Cipondoh is marked gray as the symbol of land with the HGB certificate document type.

While land plots are generally rectangular, the Situ Cipondoh plot follows every curve of its brim. Nearly the entire surface of the lake is covered by the land plot recorded in the HGB document.

The land plot map only provides information about plot numbers and types of certificates issued. The names of owners and surface areas of land plots are not mentioned.

KOMPAS/HENDRA A SETYAWAN

Rompong Reservoir in Cempaka Putih, South Tangerang, Banten, is surrounded by settlements as seen on Saturday (28/9/2019). Based on data from the Ciliwung-Cisadane River Basin Agency, Rompong reservoir\'s area has shrunk from initially 10 hectares to only 2.99 hectares, mainly due to massive housing construction.

The identities of HGB owners of Situ Cipondoh land were found by tracing the examination report of the Supreme Audit Agency (BPK) pertaining to the 2014 budget of Tangerang city government. In the report, the BPK stated that a number of Situ Cipondoh land ownership documents had been issued.

The same report also indicated that Situ Cippndoh, estimated to be worth Rp345.06 billion, had been registered as an asset of Banten province. The registration was evidenced by the Management Right Certificate (HPL) No.1/1996 under the name of the West Java Provincial Government as already transferred to the Banten Provincial Government on 3 April, 2012.

In spite of the HPL publication, the BPK reported that a HGB was also issued in the same area in the name of PT Griya Tritunggal Paksi (PT GTP). Besides the HGB, the BPK also reported that 16 SHM had been issued in the Situ Cipondoh area in the names of different parties covering a total plot of 2.8 hectares.

In its report, the BPK described the presence of overlapping certificates that can give rise to the potential for the loss of Situ Cipondoh. Moreover, the BPK also found that the HGB issued in Situ Cipondoh had been given as collateral to PT Sinar Mas Multifinance at a value of US$15 million or around Rp210 billion.

KOMPAS/RYAN RINALDY

A resident, Saturday (7/9/2019), is cleaning the water of Gunung Putri Reservoir, Bogor regency, West Java, from water hyacinth. Some of the area there is currently being the objects of disputes involving the community holding land documents with the government.

Head of the BPN Land Control and Problem Handling Section of Tangerang city, Edy Dwi Daryono, claimed to have no knowledge of the overlapping certificates in Situ Cipondoh. “Actually it’s impossible [to issue overlapping certificates] because the HPL has been issued,” he said.

Banten Governor Wahidin Halim said so far his government had been trying to trace the presence of the Situ Cipondoh HGB document that was made collateral by PT GTP. “A Situ Cipondoh certificate was issued in the name of a developer, whether the certificate is genuine will be examined. It will later be apparent, we will process it (with a lawsuit). If necessary for our government to file a suit as this may be illegitimate,” he said.

Since 2017, the government has strived to protect lakes, dams and reservoirs in Greater Jakarta. However, so far of the 208 lakes in this region under central government management, only four have been certified, which are Situ Pagam, Situ Cogreg, Situ Tlajung Udik and Situ Rawa Lumbu.