Justice denied off the coast of Tangerang

The infamous sea barrier off the coast of Tangerang, Banten, which sparked public controversy early this year, has seemingly turned into a blame game between prosecutors and investigators, raising concerns about the country’s law enforcement against such a high-profile case.

The 30-kilometer-long sea barrier was first reported early this year after local fishermen filed complaints over the bamboo fence restricting access to their traditional fishing grounds, consequently affecting their livelihoods. The Indonesian Ombudsman estimated that around 4,000 fishers incurred income losses totaling up to at least Rp 24 billion (US$14 million).

The National Police’s Criminal Investigation Agency (Bareskrim) has declared four low-key suspects related to the case, namely a village head, village secretary and two lawyers. All of whom were apprehended strictly for the falsification of right-to-build (HGB) certificates. The person or party responsible for the establishment of the sea barrier, however, has remained unidentified, let alone arrested.

With the arrest of the four suspects, Bareskrim said there were no indications of corruption or state losses in the construction of the sea barrier, reducing the months-long investigation to a simple case of document forgery.

The Attorney General’s Office (AGO), however, asserts that corruption is indeed at play. They say evidence of corruption can already be found through Bareskrim’s findings since the rights of state-owned marine areas were given to privately owned businesses for the construction of the makeshift sea barrier, resulting in the loss of public ownership and diminishing economic returns from the local fishing industry.

The AGO returned the case files twice on March 24 and April 14, deeming the report by the police as incomplete. Prosecutors requested that the police include their Corruption Eradication Corps in continuing their investigation.

Analysts have supported the AGO and questioned the police’s hesitancy in tackling the big fish who are still at large, saying that it must have been impossible for low-level officials to be solely responsible for the entire contraption. A recent investigative report by Tempo revealed alleged witness tampering, where police demanded local fishermen not go into detail on the legal basis behind the provision of HGB certificates in the area.

Amid growing tension on unraveling who was behind the construction of the sea barrier, President Prabowo Subianto instructed the Indonesian Navy in January to tear the barrier down completely. However, this feat has yet to be completed as local fishermen note that a large chunk of the contraption persists, continuing to hinder them from fishing.

The Marine Affairs and Fisheries Ministry has assured that the sea barrier will be dismantled soon. However, with the investigation now resuming, taking away the fence completely could erase important evidence pertaining to the case.

Although recently “discovered”, the fence has long been present in the area since former president Joko “Jokowi” Widodo’s final term. The makeshift fence was allegedly made for reclamation efforts to build the Pantai Indah Kapuk (PIK) 2 settlement area. “It is not a new fence, but a fence that wasn’t removed,” said one resident, as quoted by Kompas.

Alleged masterminds behind the sea fence have been attributed to Indonesian tycoons Sugianto “Aguan” Kusuma and Anthony Salim. Through the Agung Sedayu Group and Salim Group, they oversee the creation of PIK 2, with reports revealing that the majority of HGB certificates in the marine area were given to these companies' subsidiaries.

Both tycoons’ close relationship with the former president may have aided any initial coverage or crackdowns on their project. With Prabowo now in charge, both individuals have also appeared to cozy up with the new leader. They were both recently invited alongside other major Indonesian tycoons by the President for a meeting, addressing their potential involvement in collaborating with Prabowo to carry out his flagship programs.

Whether it be the lack of political will or Prabowo’s need to appeal to tycoons to fund his signature programs, the administration and the police appear hesitant to take further action in bringing the real culprits to justice. With the fence now set to be dismantled entirely, the high-profile case looks to submerge along with it, as if the felony never happened in the first place.