Kupastuntas.co, Bandar Lampung - The deletion of Lampung Provincial Government (Pemprov) assets, namely the Saburai Sports Hall (GOR) and Elephant Park which were replaced with Sports Activity Center (PKOR) Way Halim, cannot be legally justified. The disposal of assets must be approved by the Lampung Regional People's Legislative Council (DPRD), and before giving approval the DPRD must form a special committee (pansus) for the disposal of the two assets.

Head of the Department of Constitutional Law (HTN) Faculty of Law, University of Lampung (Unila), Yusdiyanto said, in accordance with Article 331 paragraph (1) of the Minister of Home Affairs Regulation (Permendagri) Number 19 of 2016 concerning Guidelines for the Management of Regional Property it states that the transfer of regional property carried out after obtaining the approval of the DPRD.

"So based on these rules, the deletion of GOR Saburai and Elephant Park assets must go through the approval of the Lampung Province DPRD. Because the land and building assets that will be written off are worth more than five billion rupiah," Yusdiyanto said in a written statement to Kupastuntas.co, Thursday (22/6/23).

Yusdiyanto revealed, before the Lampung DPRD gives approval, it must first form a special committee for the disposal of assets. Then the DPRD through the new plenary session mechanism can approve the release of assets.

According to him, in the matter of relinquishment of these assets, the Governor should have learned from past swaps between GOR Saburai and land in Kemiling during the era of Governor Sjachroedin ZP which were ultimately canceled or not realized.

Yusdiyanto also questioned the conversion of sports infrastructure (GOR Saburai) into places of worship or other activities outside of sports.

"And what is not fair is that the Saburai GOR was exchanged for the Way Halim PKOR. In this case it doesn't really make sense for local property to be exchanged for its purpose, even though they are both places for sports facilities," he said.

Yusdiyanto explained, according to the Regulation of the Minister of Youth and Sports Number 7 of 2018 concerning Guidelines for Administration and Management of State Property within the Ministry of Youth and Sports, it is stated that the meaning of exchange is the transfer of ownership of state property carried out between the central government and regional governments and between the central government with other parties, by receiving compensation in kind at least with a balanced value.

He emphasized that based on these regulations it can be seen that Saburai Sports Hall and Elephant Park cannot be immediately abolished. Even if it has to be abolished, in this case the Al Bakrie Foundation as the party receiving the abolished assets must make a replacement elsewhere, be it a wider area of land and prepare a more complete and modern sports building in accordance with the estimated price of the land and buildings that are being abolished at this time.

In addition, he continued, based on search results in 2019, Saburai Sports Hall renovations were carried out. The project is worth IDR 5.4 billion belonging to the Cipta Karya and Water Resources Management Office of Lampung Province. This project has an HPS (Self Estimated Price) of IDR 5,499,998,270 as the executor is CV. Teguh Wijaya. However, the project was only 50% running and the contract was terminated by the Provincial Government of Lampung.

Yusdiyanto explained, the reason for the termination was based on the Governor of Lampung Letter Number: 028/3686/XII/2019 dated 11 December 2019 concerning the Recommendation for Approval for the Abolition of Sports Infrastructure addressed to the Minister of Youth and Sports. And, based on the Work Creation and Water Resources Management Office Letter of Lampung Province No. 640/1162/V.03.1/2019, regarding Termination of Saburai GOR Renovation Work on the grounds that plans to build the grandest mosque in Lampung Province and if the work is continued it will not be beneficial.

"In essence, the deletion of GOR Saburai and Elephant Park assets which were replaced with PKOR Way Halim cannot be legally justified. The Provincial Government should not use PKOR Way Halim as a substitute for land and buildings, but instead look for a wider area and build it first to replace the assets taken over," he explained.

Yusdiyanto also reminded that Saburai and Elephant Park sports halls are public spaces or public icons that have a long history and stories for each generation in Bandar Lampung.

“Indeed, before the disposal of assets is carried out, it needs to be considered, calculated carefully and carefully. Because the release and exchange of these objects is very close to collusion (corruption, collusion and nepotism), especially the sensitivity of the public. Do not let the asset write-off policy sacrifice the interests of public space, history and ignore statutory provisions," he explained.

Previously, Member of the DPRD for Lampung Province, Watoni Nurdin said, to his knowledge, until now there had been no approval from the DPRD for the disposal of the assets of the Elephant Park area which had been

location in Enggal, Bandar Lampung. In fact, according to existing rules and procedures, the deletion of regional assets must go through the approval of the DPRD.

This is in accordance with Lampung Governor Regulation Number 18 of 2015 concerning Procedures for Transferring, Destroying and Deleting Regional Property in Lampung Province. In Article 8 Paragraph 2 of the Governor's Regulation it is written that the transfer of regional property is carried out after obtaining the approval of the DPRD.

Watoni revealed, after being approved by the DPRD, there must be an exchange (replacement) or compensation for the removal of the regional assets.

"As far as I know, until now there has been no permission from the Lampung DPRD to write off the assets of the Elephant Part area. I am also not aware of any swaps or compensation by writing off the assets," said Watoni, Wednesday (21/6).

He said, if the removal of regional assets without the approval of DPRD, it is feared that it will become a problem in the future. "Because there are regional assets that were deleted without going through the applicable mechanism or rules," he said.

According to Wartoni, so far his party has asked the executive several times regarding the lack of DPRD approval for the deletion of the Elephant Park regional assets. However, until now there has been no response from the executive.

"If there is still no response or answer from the executive, then we will continue to ask about it until the end of the regional head's term of office," he said.

Watoni reminded that the elimination of regional assets must go through predetermined rules or procedures. Moreover, the existence of Elephant Park is a green open space for the community.

"I also question the dismantling of the Saburai GOR, which has not yet been approved by the DPRD. Because so far there has been a budget disbursed for the renovation of the Saburai Sports Hall. There must be accountability regarding the renovation budget that has been disbursed at the Saburai Sports Hall," he said.

Watoni continued, his party had no problem with the plan to build the Great Mosque of Al Bakrie Lampung at that location. However, his party suggested that the existing mechanisms or procedures be implemented.

Chairman of the Democratic Faction of the Lampung Provincial DPRD, Hanifal said, the Democratic Faction recommended that the construction of the Great Al Bakri Mosque in Lampung be carried out on land belonging to the Lampung Provincial Government which is more representative such as in Kota Baru. Instead of having to take the Saburai GOR land.

"I received aspirations from many people regarding the construction of this mosque. Given that all this time the Saburai Sports Hall has a very meaningful historical value for the people of Bandar Lampung," he said.

Asked whether the dismantling of GOR Saburai and Elephant Park had received approval from the Lampung Provincial DPRD, Hanifal suggested asking the DPRD leadership directly.

"If you haven't received approval from the DPRD, you should ask questions. As far as I know they have received approval from the Ministry of Youth and Sports," he said.

Hanifal revealed that the construction of the Great Al Bakri Mosque in Lampung would only use the Saburai GOR land. Meanwhile, the Elephant Park area will still be made a green open space. So according to him, there is no need to move the location of Elephant Park.

“Not all of them are built for mosques, there will still be green open spaces like Elephant Park. The mosque was built in the former Saburai Sports Hall. I've seen the building plans. In fact, there is a possibility that Elephant Park will change for the better. The Saburai GOR will be moved to Way Halim," he said. (*)

This news has been published in Kupas Tuntas daily newspaper Friday 23 June 2023 edition with the title "Yusdiyanto: The Removal of Elephant Park Violates the Law"