Consideration of the Decree of the State
Administrative Court that with the reclamation of Pulau G in the study for the
impact of the current pattern because Jakarta is a fairly stable current, the
current will not change significantly, because the current is small,
approximately 10 cm / sec, and relatively change which then the reclamation
activity will really have an impact that is the potential distribution of
density of the backfill material, if at present it actually has actually
exceeded the quality standard and is also related to fisheries access, it is a
public port for the traffic of fishing vessels and next to east there is a gas
pipeline, the reclamation technique needs to be considered so as not to
interfere with the gas supply pipes to the Muara Karang power plant and based
on the study that if Pulau G was built the sea level would rise approximately
10 cm from the very tip of the reclamation island and the impact will be
overcome if the management plan is implemented den bro, the best way. Pulau G,
which has now been reclaimed, does not meet the requirements of the reclaimed
beach, which is a damaged and non-functional beach, with the cancellation of
the reclamation permit making consumers who have bought houses, shop houses, or
apartments feel disadvantaged even though some have been built and sold through
a binding agreement.
This research is a normative legal research using
a statutory approach, conceptual approach, and case approach. Types of legal
materials used are primary legal materials and secondary legal materials. The
collection of legal materials used is a literature study of legal materials.
Technical analysis of legal materials was carried out using a prescriptive
method by giving arguments for the results of the research conducted.
The results of the discussion in this study
indicate that the Judge's basic consideration in the Decree of the Jakarta
State Administrative Court Number 193 / G / LH / 2015 / PTUN-JKT, for the
cancellation of the Decree of the Governor of DKI Jakarta Number 2238 of 2014
concerning the reclamation of G island, that the reclamation does not meet the
requirements beach conditions are damaged and not functioning. According to the
study on the environmental impact analysis of the current pattern because
Jakarta is quite stable, the reclamation activity will have an impact that is
the potential distribution of the density of the backfill material, disrupt gas
supply pipes to the Muara Karang power plant, will rise approximately 10 cm
from the very tip of the reclamation island . Legal consequences for the
cancellation of the Decree of the Governor of DKI Jakarta Number 2238 of 2014
Permit for the Implementation of the G Island Reclamation To PT. Muara Wisesa
Samudera dated December 23, 2014 towards housing construction, resulted in the
continuation of the reclamation and construction of housing on Pulau G and
against the losses suffered by housing buyers. Selling housing must meet the
requirements of land ownership status, PT. Muara Wisesa Samudera already holds
proof of HGB certificates for land, but the reclamation is still ongoing, which
means that the location, area, boundaries, status and ownership of land in the
certificate are legally flawed, resulting in an IMB and selling 20% revival as in Article 42 of Law Number 1 of 2011 not fulfilled. PT. Muara
Wisesa Samudera committed an act that violated Article 42 of Law Number 1 of
2011 and therefore violated the law.
Keywords : Verdict, Reclamation, G Island.