Eviction, Who's to blame?<\/p>\n
T. Sima Gunawan, Contributor, The Jakarta Post, Jakarta,
\ntabita@cbn.net.id<\/p>\n
More and more poor people in the city are losing their homes
\ndue to forced evictions. In many cases, the authorities conducted
\nthe evictions because the squatters lived on riverbanks, where
\nsettlements are banned, and their presence might cause floods.<\/p>\n
The most recent cases occurred in Kampung Baru, Cengkareng,
\nWest Jakarta, this week. On Sept.17, about 2,600 officers from
\nthe police, the armed forces and the city public order office
\nstarted to demolish 1,500 houses that were built on a 50-hectare
\nplot of land owned by the state housing company, Perumnas.<\/p>\n
Earlier, in Jembatan Besi, also in West Jakarta, more than
\n1,700 houses were destroyed, leaving some 6,000 people homeless
\nwhen the authorities cleared the 5.5 hectare of land belonging to
\nPT Cakra Bumi Mandala.<\/p>\n
Both cases, like some other forced evictions, were marred with
\nviolence as many residents resisted.<\/p>\n
More than 40 residents and nine policemen were reportedly
\ninjured during Wednesday's clash while several suspected
\nprovocateurs were detained.<\/p>\n
West Jakarta Mayor Sarimun said that in 1998 he requested
\nPerumnas to allow residents to use the idle land to grow corps
\nbecause at that time many people were left jobless due to the
\neconomic crisis.<\/p>\n
He said that the residents should not build any house there.
\nBut he failed to explain how there could be some 1,500 houses on
\nthe land. The mayor -- as well as Governor Sutiyoso -- blamed
\nits residents who resisted, saying that they should have left a
\nlong time ago. They said that the eviction was in accordance with
\nthe law.<\/p>\n
But they could not just blame the people. They should also
\nlook to themselves and their subordinates, who had failed to
\nsupervise the use of the land.<\/p>\n
If the authorities really want to uphold the law and keep
\neverything in order, they should have done it a long time ago,
\nbefore irregularities were quite rampant, and before 1,500 houses
\nwere built Perumnas land. The West Jakarta mayoralty officers
\nshould have prevented the people from erecting any buildings
\nthere in the first place.<\/p>\n
How could there be so many houses, including permanent
\nresidential structures on the land? Maybe the residents were
\nstubborn. But maybe they did not know what they were doing. Maybe
\nthere were some culprits who conspired with corrupt officials to
\ntake advantage of the situation.<\/p>\n
Many residents refused to leave because they considered
\nthemselves as legal occupants of the land. One resident, Kardi,
\n40, told journalists that he bought the land in 1997. Another
\nresident showed a document that she obtained after buying the
\nland even though its authenticity was not clear.<\/p>\n
Rights activists have repeatedly called upon the authorities
\nnot to violate human rights in conducting the evictions. They
\nalso urged the government not to wash their hands and pay
\nattention to the fate of the eviction victims.<\/p>\n
Judging from the legal aspects, it is very clear that the
\npeople are wrong because they occupied Perumnas land. Once a law
\nis implemented, the assumption is that everybody knows it. People
\ncannot say that they should not be held responsible because they
\nare not aware of the law.<\/p>\n
Unfortunately, many are ignorant of the law. Take Kardi. He
\nsaid that he had bought the land from someone he believed had
\nrights over the land. Therefore he thought he was entitled to use
\nthe land. Being unaware of the legal consequences, he, and many
\nothers, erected houses and settled down. Which of course explains
\ntheir resistance.<\/p>\n
On the other hand, there are many people who know the law well
\nbut take advantage of the ignorance of others. They might have
\nclaimed they had the right to the land, sell it to the ignorant
\nand disappear. They might have also conspired with corrupt
\nofficials even though it was not easy to prove.<\/p>\n
The authorities should check their own people and take any
\naction against their delinquent subordinates.<\/p>\n
What is more important for the government to do is to conduct
\na legal campaign or legal education to improve legal awareness,
\nespecially among the poor.<\/p>\n
And the implementation of the law and regulations should not
\nbe based on legal aspects alone, but must consider the social and
\neconomic aspects as well as the feelings of justice within
\nsociety. Positive law is not the only thing that becomes the
\nguidance of the administration in managing the city. It should
\nnot be implemented rigidly. As a legal expert put it, the
\nimplementation of the law is an art. And to be able to master the
\nart, one should be sensible and sensitive.<\/p>",
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