Residents in East Kuningan, South Jakarta, challenge the planned construction of a new Indian embassy. They allege the project was approved without their approval. Lawyer David Tobing, representing the residents who live near the embassy, says over 20 of them strongly oppose the project and have filed a lawsuit to revoke the building permit.
Violation of Law
The problem seems to be the legality of the permit issued on 1 September 2023. According to Tobing, residents voiced their disapproval at meetings with authorities before the permit was granted. Despite their objections, the government greenlit the project, allowing construction to proceed.
Tobing outlines several reasons for the residents’ opposition. Firstly, they believe the permit process itself may have been flawed. Secondly, they claim they were never consulted or asked to sign off on documents required for environmental impact assessments. “We suspect the building permit was issued without proper environmental approvals,” Tobing explained.
Another major concern is a potential violation of the law regarding regulation on Indonesia’s new capital city (IKN). This law mandates the construction of government ministries and embassies in the new capital, not Jakarta. “Building the Indian embassy in Jakarta simply doesn’t make sense under this law,” Tobing argues.
Security is another worry for residents. The planned embassy building is slated to be a towering 18 stories. Residents are apprehensive about the safety implications of such a high structure in their neighborhood. The State Administrative Court (Pengadilan Tata Usaha Negara/PTUN) is currently reviewing the lawsuit. Tobing claims the court summoned the Indian embassy for a hearing on 21 March 2024, but they didn’t come.
“The embassy’s absence from the hearing is concerning,” Tobing said. “They should comply with Indonesian legal procedures.”
The Importance of Meeting Legal Requirements
Obtaining a building permit is a crucial step before any construction project can begin. The case of the Indian embassy in Jakarta shows us that neglecting to fulfill the necessary administrative requirements can lead to some legal issues. There will be potential delays in obtaining the permit, legal consequences, or even permit revocation. Here’s why careful attention to detail is essential:
— Incomplete Applications: If your application lacks the required specifications, zoning compliance documents, environmental impact assessments, or proof of adherence to relevant laws, it faces rejection. This can significantly delay your project timeline and necessitate a resubmission process.
— Delays and Disputes: Objections from other parties concerning land disputes or ongoing revisions to the zoning plan for your construction site can cause processing delays. While some delays may be unavoidable, ensuring a complete and compliant application from the outset minimizes the risk.
— Permit Revocation: Violating the terms of your permit, misusing the building for unintended purposes, or being discovered to have obtained the permit through fraudulent means can lead to permit revocation. This can force a halt to construction and potentially incur significant fines.
By thoroughly understanding and fulfilling all administrative requirements, you can ensure a smooth and timely building permit process, allowing your project to proceed without unnecessary complications.
Valuable Insight about Building Permit
While building permits are crucial for ensuring legality and safety, the process can be complicated and time-consuming. The recent lawsuit against the Indian Embassy in Jakarta highlighting the intricate bureaucratic and regulatory requirements that often accompany building permit applications.
To address these challenges and empower property and real estate investors, Seven Stones Indonesia is hosting an interactive event titled “Building Permit Workshop: Key Insight for Investors” at Finns Recreation Club in Bali, Friday, 26 April 2024.
Key Takeaways:
— Streamline the building permit application process for your property investments
— Navigate the complexities of Indonesian building regulations
— Minimize delays and potential legal issues associated with non-compliance
Join us and get valuable insights from our esteemed keynote speaker, Mr. Ida Bagus Surya Suamba, Head of Department, Ministry of Public Works and Housing for Badung Region. CEO of Seven Stones Indonesia, Terje H Nilsen will also be there as moderator during the sharing session.
Limited seats available, so reserve your spot today by filling in this registration form. For further information about the event or building permit for your business, you can text us at +62 877-7711-7701 or send your inquiry to hello@sevenstonesindonesia.com.