District court rejects 'yellowization'case<\/p>\n
YOGYAKARTA (JP): The Semarang District Court ruled last week
\nit did not have the authority to try the lawsuit filed by local
\nbranches of the United Development Party (PPP) against Central
\nJava Governor Suwardi for his "yellowization" drive.<\/p>\n
The court suggested the lawsuit be taken to a state
\nadministrative court.<\/p>\n
Representatives of seven PPP branches accused Suwardi of
\n"arbitrarily painting public objects in yellow as a way to force
\npublic support for Golkar". Suwardi had also failed to solicit
\nthe approval of the provincial legislative council before
\nlaunching the "yellowization" drive.<\/p>\n
"The governor has disregarded the people's representatives,
\nand this is something that has to be fought," said Mudrick S.M.
\nSangidoe of PPP Surakarta who initiated the legal battle.<\/p>\n
He said he had requested in January that Suwardi revoke his
\ninstruction. Suwardi said that as the sole power holder in
\nCentral Java, he attained the right to paint public facilities
\nyellow.<\/p>\n
The PPP branches retaliated by repainting various objects
\nwhite, including the Grand Mosque of Surakarta. Suwardi, his
\nregents and mayors, repainted the facilities yellow.<\/p>\n
The color war became a source of contention and amusement for
\nmany people. "The winner in this battle is the paint producers,"
\nsome said.<\/p>\n
Mudrick and his colleagues from Klaten, Boyolali, Wonogiri,
\nKaranganyar and Sukoharjo went to court and sued the governor.
\nTheir lawyers, led by Busyro Muqqadas, accused the governor of
\nill intent by ignoring the PPP protest on "yellowization".<\/p>\n
The lawyers also demanded Rp 7 billion (US$2.9 million) in
\ncompensation. "If we win, we'll spend the money on the poor,"
\nMudrick said.<\/p>\n
The compensation became a source of speculation. It was the
\nsame amount of money Suwardi spent for the construction of his
\nofficial residence, much to the chagrin of the local legislators
\nwho had fought against it.<\/p>\n
Muqqadas believes the governor should have respected the
\nrights of the three poll contenders. Suwardi was clearly
\nsupporting Golkar and discriminating against PPP and the
\nIndonesian Democratic Party (PDI).<\/p>\n
But the governor's legal counsel, Wisnu Baroto, told the
\nSemarang District Court that painting public objects yellow was
\nnot a crime.<\/p>\n
Suwardi has been charged more than once. There is the case of
\nKedungombo, filed by villagers whose land was appropriated for
\ndam construction. There is also the ongoing suit filed by 643
\nYogyakarta citizens enraged at his recent suggestion that the
\nsultanate town be integrated into Central Java.<\/p>\n
His subordinate, the mayor of Surakarta, Imam Soetopo, is
\ncurrently facing a lawsuit for painting public objects inside the
\nSurakarta palace yellow. The suit was filed by a number of abdi
\ndalem or the traditional employees and servants of the palace,
\nincluding soothsayer Permadi.<\/p>\n
Representation<\/p>\n
The lawsuits against Suwardi and his subordinate are but a few
\nin the increasing number of suits against the government. When
\nthe public is unable to sue the government, it is government
\n"representation" that is sued.<\/p>\n
The ousted chief of the Indonesian Democratic Party (PDI),
\nMegawati Soekarnoputri, instructed her supporters to wage a legal
\nbattle against government-backed Soerjadi, and his supporters.<\/p>\n
But Megawati has not fared well in her legal war. Out of the
\n22 lawsuits already processed in court, her camp won only two,
\nnamely those tried in the Bekasi and Denpasar district courts.
\nOther lawsuits filed by her and her supporters have yet to be
\nprocessed.<\/p>\n
Launching legal action against the government is not easy,
\nespecially if one does it alone. Former chief of Sariharjo
\nvillage in Sleman, Central Java, Moch. Irsjadi, learned this the
\nhard way.<\/p>\n
He sued the provincial administration because the governor
\ncanceled his appointment as the village chief. The governor cited
\nIrsjadi's "troubled marriage" as the reason not to swear him in.<\/p>\n
Irsjadi was enraged. "I was elected in a democratic manner. I
\npassed all the tests given by the government, I passed special
\nscreening (to clear one from past communist links). Not
\ninstalling me was an arbitrary act," he said.<\/p>\n
Irsjadi won the lawsuit he filed with the Semarang State
\nAdministrative Court and the provincial High Administrative
\nCourt.<\/p>\n
Suwardi appealed the ruling, and later "defeated" Irsjadi in
\nthe Sleman District Court, accusing him of dishonesty when he
\napplied for the position of village chief. The governor said
\nIrsjadi's high school diploma was fake.<\/p>\n
Intimidation<\/p>\n
Others who found it difficult to take the government to court
\nwere five Sraten villagers in Sukoharjo, Central Java. Sembodo
\nand his friends refused the compensation offered by the local
\nadministration for their land appropriated for the road project
\nconnecting Yogyakarta and Surakarta.<\/p>\n
The villagers were accused of being "communists" and became
\nthe target of intimidation and terror.<\/p>\n
"We had asked for compensation of Rp 70,000 (US29) for every
\nsquare meter of land and building appropriated, but the local
\ngovernment only wanted to pay us Rp 1,000," Sembodo said.<\/p>\n
Several farmers gave up and received whatever compensation was
\noffered by the local administration, but Sembodo and the
\nremaining four persisted and sued Sukoharjo Regent Setiawan
\nSadono. The Yogyakarta Legal Aid gave the farmers legal
\nassistance.<\/p>\n
Legal Aid lawyer, Ari Suseta, said an out-of-court settlement
\nwas finally reached. The Sukoharjo District Court ruled recently
\nthat the regent had no right to force the farmers into selling
\ntheir land, and the land price had to be negotiated.<\/p>\n
"That's a lesson for administrators who like to act
\narbitrarily," Ari said.<\/p>\n
A political law expert at the Islamic University of Indonesia
\nin Yogyakarta, Moh. Mahfud, said Indonesians have become more
\ncritical and aware of their legal rights, which is why they now
\ndare to sue the government.<\/p>\n
"The government needs to accept this development, rather than
\nforce its will on the court. Dissatisfaction will grow if a case
\nthat should have won turned out to lose," he said.<\/p>\n
"Dissatisfied people may be driven to vent off steam in many
\nways, in ways not even the government could control," he said.
\n(38)<\/p>",
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