Indah Setiawati and Sita W. Dewi, The Jakarta Post, Jakarta | Headlines | Wed, February 27 2013, 11:17 AM
Paper Edition | Page: 2
Where’s the R&R?: Thousands
of holidaymakers cram onto Ancol Beach, North Jakarta, on the second
day of Idul Fitri in August last year. The famed resort’s management is
weighing up proposals to exempt visitors from paying entrance fees on
certain days. (JP/Wendra Ajistyatama)
No
one was victorious on Tuesday in a case involving the city
administration, city-owned PT Pembangunan Jaya Ancol and three
Jakartans, which was heard at the Central Jakarta District Court.
The
court dismissed a lawsuit filed by the three individuals against the
administration and the operator of Ancol Dreamland amusement park for
charging an entrance fee to Ancol beach.
The court also rejected a countersuit against the Jakartans, saying they were protected by the law in seeking justice.
Presiding
judge Dwi Sugianto said the panel of judges found that the
administration and the company did not violate any laws by requiring
people to pay a Rp 15,000 (US$1.54) entrance fee.
The panel of
judges considered that the plaintiffs’ argument that the entrance fee
was against human rights was too general, and there was no regulation
forbidding the collection of fees at a tourist site or beach to manage
the area.
Dwi said the plaintiffs should instead file a judicial review request to determine whether the defendants had violated the law.
“The
panel of judges sees no violation of any law [committed by the
defendants] because they have followed the regulations, unless they are
annulled by the judge in a judicial review,” he said, referring to the
1960 Government Regulation on the Utilization of Ancol Land, the 2009
Tourism Law and the 2007 Public Works Ministerial Regulation on
Reclamation.
In the court’s verdict regarding the countersuit,
Dwi said individuals and legal entities were allowed to file a suit
through the court.
Last year, the three Jakarta citizens — Ahmad
Taufik, Abdul Malik Damrah and Bina Bektiati — filed a lawsuit against
the administration and the company over the Ancol beach entrance fee,
they argued that it was a public space and no one should be subjected to
any levies.
The company is 72 percent owned by the
administration, 18 percent by construction firm PT Pembangunan Jaya and
10 percent by the public.
The idea of removing the Ancol beach
entrance fee received support from Jakarta Deputy Governor Basuki “Ahok”
Tjahaja Purnama, who said the weekend was the best time for a free pass
to the beach.
In response to the lawsuit, the Ancol operator
filed a countersuit against the plaintiffs, demanding Rp 1.5 billion in
compensation for defaming the company’s name.
One of the lawyers representing the plaintiffs, Fahmi Syakir, said he was disappointed with the verdict.
“The
panel of judges did not take our pleading into consideration and asked
us to make a judicial review instead,” he said, adding his team would
decide later whether they would appeal to the Supreme Court.
Pembangunan Jaya Ancol general manager Sunutomo said the company accepted the ruling and would study Ahok’s suggestion.
Governor Joko “Jokowi” Widodo separately said the administration was preparing another beach for public to visit for free.
“It
will be better than Ancol. We cannot reveal the location just yet
because we are still procuring the land,” he said Tuesday at City Hall.
Jokowi
voiced regret that the citizens had to file a lawsuit, and said that
eliminating the entrance fee could financially affect the company.
Built in 1966, Ancol has been a popular destination for hundreds of thousands of people, especially during the holiday season.
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