Koja plaintiff wants suit to stay put<\/p>\n
JAKARTA (JP): Hasan Saman, a resident of North Koja in North
\nJakarta who is filing a Rp 6 billion lawsuit against the city
\nadministration and a state-owned company over a land dispute,
\nasked the judge yesterday to turn down the defendants' argument.<\/p>\n
\"The defendants' argument which said that North Jakarta
\nDistrict Court is not legally competent to try the case should be
\nignored,\" Hasan said.<\/p>\n
The defendants are the city administration and PT Pelindo, a
\nstate-owned seaport company. They are being represented by their
\nlawyers, J. Pakpahan and M. Rachmat respectively.<\/p>\n
The two lawyers agreed in the previous session to say that
\nSaman's lawsuit \"went to the wrong address\" because every case
\nwhich involves the decision of state bodies should be tried in
\nthe State Administrative Court.<\/p>\n
However, Hasan said that their argument is not valid because
\nthe ruling of North Jakarta mayor, concerning land compensation
\namounts, does not have a strong legal basis.<\/p>\n
\"It could not be classified as a state body decision since it
\ndoes not fulfill the eight requirements set by the 1986 Law No.
\n55 about the definition of a state body decision.\"<\/p>\n
Hasan explained that the ruling violated five items set by the
\nlaw, including ignoring a presidential decree about land
\ncompensation regulation.<\/p>\n
He also said that there are some legal procedures which have
\nalready been carried out by presiding judge Rahajeng Endah, such
\nas declaring the case open to the public, examining the identity
\nof each party and striving to make a peaceful agreement between
\nthe belligerent parties.<\/p>\n
\"This is proof that North Jakarta District Court is legally
\ncompetent to try the case and, according the Civil Procedure Law,
\na judge must declare their incompetence without the defendants'
\narguments,\" he said.<\/p>\n
Hasan is an employee of a state-owned company whose house is
\nbuilt on 300 square meters of land which will be appropriated for
\nthe expansion of a container terminal. He refused the amount of
\ncompensation money provided by the mayoralty, saying that was too
\nlow.<\/p>\n
North Koja subdistrict, adjacent to the Tanjung Priok
\ncontainer terminal, has been earmarked as a new cargo terminal
\nextension site. Over 32,785 people in the 144-hectare area will
\nhave to move before construction begins.<\/p>\n
The planned $498-million terminal will the property of PT
\nPelindo and Humpuss Terminal Peti Kemas III, and will begin
\noperating in October 1998. Humpuss Terminal Peti Kemas III is a
\nbusiness owned by businessman Hutomo Mandala Putera.<\/p>\n
Compensation<\/p>\n
Most of the residents seem willing to leave their land but
\nthey object to the amount of compensation being offered by the
\nappropriation committee.<\/p>\n
North Jakarta Mayor H. Suprawito, who is also the head of the
\nNorth Koja land appropriation committee, has offered three level
\nof land compensation; Rp 160,000 (US$74) per square meter for
\nresidents whose land is along the main road, Rp 130,000 for land
\nlocated on subdistrict streets and Rp 100,000 for land located on
\nalleys.<\/p>\n
The offer was rejected by Hasan because, according to the 1993
\nPresidential Decree No. 55 and the 1993 Minister of Finance
\nDecree No. 174, the land compensation for North Koja residents
\nshould be based on the value of taxable property (NJOP) set by
\nthe government.<\/p>\n
\"The estimated land price in North Koja area in 1994 is around
\nRp 6 million per square meter. Based on the 1993 NJOP the land
\nprice is Rp 614,000 a square meter,\" he said.<\/p>\n
Presiding judge Rahajeng adjourned the court session until
\nOct. 10 to decide whether or not she will accept the defendants'
\nargument.(03)<\/p>",
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