TEMPO.CO, Jakarta - Jakarta administration will file an appeal against Jakarta State Administrative Court (PTUN) ruling in favor of residents of Bukit Duri, South Jakarta. South Jakarta Mayor Tri Kurniadi said that Jakarta administration legal bureau will file an appeal to Jakarta Administrative Court of Appeal. “We have 14 days to file [an appeal],” he told Tempo yesterday, January 8, 2017.
Tri claimed that the issuance of first eviction notice (SP1) to final eviction notice (SP3) before relocations of Bukit Duri residents did not violate the rules. South Jakarta administration had repeatedly told residents about both the eviction and plans to relocate them to rental apartments last year. The administration has also recorded the titles to land for Ciliwung River normalization project.
Jakarta State Administrative Court on Thursday ruled in favor of Bukit Duri residents on the issuance of eviction notices by South Jakarta Public Order Agency (Pol PP). The panel of judges, presided over by Baiq Yuliani, ruled against that the issuance of such eviction notices and has ordered South Jakarta administration to rescind them. Jakarta administration, however, had already evicted the houses belonging to Bukit Duri residents and relocated the residents to rental apartments.
Bukit Duri residents’ attorney Vera Wenny Soemarwi said that the panel of judges has also ordered Jakarta administration to pay compensation to Bukit Duri residents based on Law No. 2/2012 on Land Procurement for Public Development Projects. “Even though we did not file for compensation in our lawsuit, the judges considered that we are entitled to compensation,” she said.
Vera added that the legal basis to issue eviction notices, i.e. Jakarta Gubernatorial Regulation No. 163/2012 and Jakarta Gubernatorial Decree No. 2181/2014 on normalization of Ciliwung River, had expired on October 5, 2015. Moreover, after Bukit Duri residents filed a class action, Jakarta administration insisted on continuing normalization project and relocations. “There were violations of procedures and they have adversely affected the people,” she said.
Jakarta administration legal bureau director Yayan Yuhanan said that the State Administrative Court has no authority to order Jakarta administration to pay compensation. “If Bukit Duri residents want to claim for compensation, they have to file a civil case to the district court,” he said.
Supriyono, an evicted resident of Bukit Duri, expects Jakarta administration to abide by the court ruling. The 40-year-old man rejects the administration’s offer of the rental apartment as compensation. “[Jakarta] administration should respect the legal proceedings,” he said.
As of yesterday, Ciliwung River normalization project continues. “So far, erection of sheet piles from starting point of Kampung Melayu to Bukit Duri is almost done,” a worker said.
NINIS CHAIRUNNISA | GANGSAR PARIKESIT