Ombudsman Finds Maladministration and Criminal Indications in Construction of Sea Fence

JAKARTA, KOMPAS--The Ombudsman has found maladministration and six indications of criminal acts in the construction of the sea wall, such as attempts to control maritime space and alleged document forgery. Due to the sea wall, the losses suffered by thousands of fishermen are estimated to reach Rp 24 billion.

These findings were conveyed by the Head of the Banten Province Ombudsman Representative Office, Fadli Afriadi, on Monday (3/2/2025). He explained that after hearing complaints from the community, especially fishermen, regarding the construction of a sea wall, the Ombudsman decided to investigate the existence of the sea wall from December 19, 2024, to February 3, 2025.

The scope of the investigation targets the possibility of maladministration or indications of criminal acts in the construction of the sea wall. The investigation is carried out by conducting field inspections, requesting statements from experts and related parties.

From the results of the one-month investigation, it was found that there was maladministration in the form of suboptimal supervision carried out by the Marine and Fisheries Department (DKP) of Banten Province. Fadli explained that the construction of the sea wall had actually been known since October 2024, and its construction had even been halted.

"At that time, the sea wall had already been built for about 10 kilometers (km) but was not immediately dismantled. Due to the lengthy decision-making process, the construction of the sea wall eventually continued to 30.6 km," he said.

Due to the slow decision-making, around 4,000 fishermen in 16 villages across 6 sub-districts have suffered losses amounting to Rp 24 billion. The losses include increased diesel usage, decreased catches, and damage to boats.

There are strong indications that the motive behind the construction of this sea fence is to control sea space.

Not only maladministration, but the investigation also found six indications of criminal acts. These include the construction of unlicensed fences, potential environmental damage, public order disturbances, and losses suffered by residents.

In addition, said Fadli, his party also found an attempt to control the sea space with the circulation of two letters that were allegedly fake to support the plan. "There is a strong indication that the motive behind the construction of this sea fence is to control the sea space," he said.

This is reinforced by the issuance of 263 certificates of rights to control 370 hectares in Kohod Village, Pakuhaji District, Tangerang Regency. Even the same institution is trying to re-apply for an increase in status from girik to a certificate of rights for 1,415 hectares of land whose area overlaps with that bordered by the sea fence.

From the results of the investigation it was discovered that the same party had requested information from the Ministry of Marine Affairs and Fisheries regarding whether the 1,415-hectare land was sea land or not. "Indeed, the Ministry of Marine Affairs and Fisheries has answered that it is sea space. However, it should be noted that the Ministry of Marine Affairs and Fisheries has also explained that 370 hectares is also sea space but the certificate can still be issued," said Fadli.

There is misuse of information that makes the existence of PSN negative in society.

Therefore, from this finding, Fadli hopes that it can be a provision for law enforcement officers to investigate this case to the end. "Because the authority of the Ombudsman is only limited to the possibility of maladministration and providing recommendations, related to criminal findings, it is the authority of other agencies," said Fadli.

In addition, said Fadli, the government must clarify the status of land included in the National Strategic Project (PSN) area. "Because we found that there was a confusion of information in the community regarding the issue of sea fences, PIK and PSN which are intertwined," he said.

This confusion of information is exploited by individuals to force residents to accept the construction of the sea fence. "There is misuse of information that makes the existence of PSN negative in the community," said Fadli.

Member of the Indonesian Ombudsman, Yeka Hendra Fatika said that after the issuance of these recommendations and findings, there is a 30-day period for the parties to implement them. The implementation is in the form of planning and action. Currently, there has been the dismantling of the sea fence which is a direct order from the president and now only 11 km are left. "We hope that the dismantling can be completed," he said.

In addition, there are 50 certificates of land use rights that have been canceled, of course this is a good step to continue. The Ombudsman also continues to coordinate to continue the investigation, especially regarding the evaluation of the PSN which is suspected of being misused by a number of parties to pressure residents to agree to the construction of the sea fence.

Professor of the Faculty of Marine Technology, Sepuluh Nopember Institute of Technology, Widi Agoes Pratikno also believes that the existence of PSN in the sea fence area can be re-evaluated. Its existence is feared to be exploited by certain parties to reap profits, especially for property development. "The existence of PSN should have an economic impact on the community, but in fact this PSN will widen the inequality," said Widi.

This marine technology expert who once served as Director General of Marine, Coastal and Small Islands Affairs of the Indonesian Ministry of Marine Affairs and Fisheries (KKP) 2001-2006 hopes that all parties will not only be trapped in the dismantling of the sea fence, but rather go deeper than that, namely investigating who the mastermind behind the construction of the sea fence is.

He regretted the slow attitude of the authorities in resolving this case. "Everything already looks easy to resolve this sea fence case. Don't let everything drag on," he said.

The existence of the sea fence is clearly contrary to the values and rules of Law Number 27 of 2007 in conjunction with Law No. 1 of 2014 which emphasizes the importance of public access to the coast and sea. "Referring to the law, it should not be difficult to see who should be responsible," said Widi.

This is the importance of coordination between agencies. There should be no miscoordination that is feared to obscure the root of the problem of the existence of the sea fence.

Learning from this case, related parties must realize the importance of enforcing public access to the sea and coast. "Management of the sea and coast must uphold the principle of public access," said Widi.

Because, basically, fishermen and other citizens have the right to utilize and enjoy the sea and coast and all of this is stated in the law.

In addition, Widi highlighted the importance of revitalizing the Marine Partner Program (PMB), which is regulated in Law No. 27 of 2007. This program is expected to strengthen coordination between the central and provincial governments in supervision, marine ecotourism, and empowerment of coastal communities.

"KKP must work harder and coordinated through 38 provinces. Reviving PMB is the key to improving the operationalization of existing laws. Be assured that if coastal areas are managed well, their existence can bring economic benefits to local residents," he said.

To prevent such incidents from happening again, all parties, from local governments, academics, non-governmental organizations, and companies, must work together to more strictly supervise reclamation plans in coastal areas that often trigger polemics.

On the other hand, the government can take firm steps in enforcing the law and ensuring that the use of the sea is in accordance with the principles of sustainability and justice.