Recently, a Balinese resident named Mirah Sugandhi was kicked out by security forces for sitting and playing with her child on the beach behind the Puri Santrian Hotel in Sanur.
The eviction action from the beach then went viral after Mirah then uploaded her disappointment to social media. Then, can the beach be used as a private area, both by individuals and companies according to the regulations in force in Indonesia?
The rules for ownership and utilization of coastal functions themselves are strictly regulated in Presidential Regulation Number 51 of 2016 concerning Coastal Boundaries.
The Presidential Regulation (Perpres) states that the beach is a public area and is state-owned land, so it is prohibited to be made a private area or privatized. Presidential Decree Number 51 of 2016 is a derivative regulation of Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands which has been amended to Law Number 1 of 2014.
According to the Presidential Decree, the coastal area is referred to as the coastal boundary, namely the land along the coastline which is proportional to the shape and condition of the coast, at least 100 meters from the highest tide point towards the land.
It is stated in Article 2 and Article 3 of Presidential Decree Number 51 of 2016, that this coastal boundary is determined by the provincial and district/city governments which must be included in their respective regional spatial planning (RTRW).
Referring to Article 5, the coastal boundaries that have been stipulated in the RTRW are used for 5 functions, including Preservation of ecosystem functions and resources in coastal areas Community life in coastal areas Allocation of space for public access through the coast Allocation of space for drains and sewage Concerning Presidential Decree No.51 / 2016, it means that the beach is a public area owned or controlled by the state, so it is prohibited to be privatized or claimed as a private area.
Hotel clarification Previously quoted from Tribun Bali, Puri Santrian, Sanur, Denpasar gave a response regarding the viral post from Mirah Sugandhi who was kicked out while sitting on the beach behind the Puri Santrian Hotel.
The owner of Puri Santrian who is also the Chairman of the Sanur Development Foundation (YPS), IB Gede Sidartha Putra said the incident was a miscommunication. Sidartha said that in Sanur there is no such thing as a private beach.
“All beaches are publicly owned, so that the community’s activities such as traveling, fishing, traditional ceremonies, should not be prohibited by hotels,” he said.
He added, Santrian has been operating for 50 years and according to him, this is the first case.
“This is the first case and is a learning experience for all parties, including us, how to train our staff, despite good intentions, but its delivery must be appropriate to avoid miscommunication like this,” he said.
Moreover, according to him, during this pandemic, his party learned a lot that domestic tourists cannot be underestimated.
“I think this is miscommunication and we have never banned the community, let alone the people of Sanur,” he said.
Regarding this incident, his party admitted that he immediately sought out this uploader. Then his party also admitted that he had invited Mirah Sugandhi to communicate so that the problem could be resolved.
“So before answering in social media, before being taken to the political sphere, we cleared with Mrs. Mirah has been present with her husband and children looking for a good meeting point,” he said.
Meanwhile, related to the spread of hotel promotional advertisements that include private beaches, according to him, this is a marketing trick.
“There are marketing tricks done by e-commerce and this is standard, if it is attached to the beach, it is given the sale like a private beach, but not private ownership, but private access,” he said.
“If there is a beachside around the entrance, it means next to the beach, so customers and travel agents already know, if it is 300 or 500 meters far enough, the term is walking distance to the beach.
So this term does not confirm ownership or control of the coast, but about the distance between beaches or rivers. So guests already have an idea of how the conditions are, “he said.
Previously the post of the owner of the Instagram account @mirahsugandhi suddenly went viral on several social media accounts. This is because she made a post about her expulsion while sitting on the beach behind a hotel in Sanur, Denpasar, Bali, by a local security guard.
This incident happened on Tuesday, March 23, 2021 afternoon.
When contacted by telephone, Mirah Sugandhi said, the complete chronology of how she was kicked out by the hotel security guard.
Tuesday 23 March 2021 afternoon, Mirah Sugandhi (29) sits on the beach in front of a hotel in Sanur with her child. When he was sitting playing with his child in the sand, suddenly a hotel security guard approached her. The security guard curtly asked her where she came from.
“I was sitting in front of their hotel, sitting near the water, far from their chairs. A security guard suddenly came and asked him, “where did you come from?” I’m from Sanur, why sir? ” Mirah said.
“The security guard asked again, ‘guests here?’ I replied, ‘no sir, what if I am not a guest here?’ Then he replied, ‘don’t sit here and there on the next beach just sit’, “she said.
Mirah then asked again the reason for not being able to sit on the beach.
“The security guard replied, ‘just sit on the beach next,” she continued.
She also continued to argue with the security guard and the security guard continued to look at her. Seeing his mother arguing, his three-year-old son ran to look for his father who was fishing.
“My son was scared and ran to find his father. The father was fishing and my son ran away saying, ‘Bapak, Bapak’. I didn’t have time to record because I caught up with my child, afraid of falling, ”he said.
When the incident happened, Mirah did not immediately complain about it to her husband, but she only said it when she was at her house.
“I am afraid that if you say that on the beach there will be big noise, I do not want to interfere with the activities of guests there,” she said.
After being kicked out by the security guard, she sat on a rock not far from there. From there he saw someone sitting and swimming on the beach, but the security guard did not send him away.
“I sat on the stones, I saw that there were guests there, who might be guests. They were sitting there, swimming there, the security guard did nothing. I thought, how come they can swim, while I just sat playing in the sand with my child being kicked out, “said the woman from Sanur.
After the incident, she immediately sent a message to the hotel’s Instagram account but has not received a response.
“I have no problem with the owner, but I regret why the security guard treats me like that. Mending the security guard polite, tell me excuse me ma’am I work here and there are rules not allowed here maybe I’m still okay because he just followed orders. From the way of speaking, I automatically think it means that the beach belongs to the hotel, ”he said.
She admitted that since she was a child, she often visited this beach.
“I did not sit on their chairs and facilities and the beach had no private beach inscription. So I was free to sit there. I did not know that I was not allowed to sit there,” he said.
“I’m a native of Sanur since I was a kid playing on the beach, no one forbids sports there looking for shellfish”, she said.
photo by KOMPAS.com/IMAM ROSIDIN