The State News Agency Antara reports that Bali Governor Made Mangku Pastika and the Bali House of Representatives (DPRD-Bali) have been reported to the Office of the Indonesian Ombudsman by members of the Bali People’s Forum Against Reclamation (ForBali) on suspicion of malfeasance in the issuance of a provincial decree.
Agus Sumberdana a representative of ForBali said: “We have reported the governor of Bali and the DPRD for malfeasance in the issuance of the Governor’s Decree Number 2138/02-C/HK/2012 granting permission and rights for the use, development and management of the Benoa Bay region. We suspect that the subject decree has violated a number of laws and regulations.”
Sumberdana cited a number of laws and regulations that ForBali feels the decree violates, including Law Number 27 of 2007 on the Management of Shores and Small Islands; Presidential Regulation (PerPres) Number 45 of 2011 on Zoning Plans for the Municipality of Denpasar, Badung, Gianyar and Tabanan; Presidential Regulation (PerPres) Number 122 of 2012 on Reclamation near Shorelines and Small Islands: and Provincial Regulation (Perda) Number 16 of 2009 on Provincial Zoning (RTRWP).
“Our suspicion of malfeasance is strengthened by the recent issuance of a recommendation by the DPRD Number 900/2569/DPRD dated August 12, 2013 recommending the revocation of the original decree,” Sumberdana explained.
ForBali is concerned that the revocation of the decree to reclaim Benoa Bay and the issuance by the governor of a new decree (Number 1727/01-B/HK/2013) granting the right undertake feasibility studies for future use and management of Benoa Bay has not eliminated the threat of future reclamation.
“The old decree and its replacement with the new decree are united, with the new decree presented as a correction of the first document leaving Benoa Bay open to future reclamation,” the ForBali spokesman complained.
The DPRD Bali was included in ForBail complaint to the Ombudmen inasmuch as the DPRD’s recommendation Number 660/14278/DPRD formed a cited consideration in the Governor’s new decree.
“The DPRD as one of the branches of government has broken the law and not performed their duty by lending support to the Executive’s desire to continue studies by Udayana University on the use and development of Benoa Bay for future reclamation within the conservation zone,” Sumberdana said.
ForBali contends that Benoa Bay is a conservation zone barred from any plans for reclamation. Because of this, they object to any actions lending support to reclamation plans, including a statement by a Commission I member of the DPRD-Bali who said the original decree simply failed to follow mechanism and established processes.
Said Sumberdana: “The DPRD gave their recommendation (of support) in an area clearly forbidden for reclamation. This means that the DPRD has broken a number of rules and violated the law.”
The Indonesian Ombudsman’s Office in Bali thanked ForBali for their report and said the report will only strengthen their initiative to seek a clarification from the Governor on his most recent recommendation on Benoa Bay.