People living on E. Canal site face eviction<\/p>\n
Damar Harsanto, The Jakarta Post, Jakarta<\/p>\n
The fate of people whose land and homes are affected by the long-
\ndelayed East Canal Project now appears sealed as Jakarta's
\ngovernor, Sutiyoso, has signed regulations allowing their
\nforcible eviction if they refuse the compensation offered by the
\ncity administration.<\/p>\n
\"Governor Sutiyoso has signed two decrees based on
\nPresidential Regulation No. 36\/2005. The decrees specifically
\nstate the amount of time required to assess compensation,\" City
\nSecretary Ritola Tasmaya told The Jakarta Post on Monday.<\/p>\n
Presidential Regulation No. 36\/2005 on compulsory land
\nacquisition for public projects enables the state to revoke land
\ntitles if this is deemed necessary in the public interest.<\/p>\n
Despite opposition from some groups, Sutiyoso signed
\nGubernatorial Decree No. 1222\/2005 on the establishment of a land
\nacquisition committee for public projects and Gubernatorial
\nDecree No. 83\/2005 setting out guidelines for the assessment of
\ncompensation for land acquired in the public interest.<\/p>\n
Based on the decrees, the committee is empowered to determine
\nthe form and amount of compensation for land acquired for public
\nprojects should negotiations with landowners fail to lead to an
\nagreement within 90 days.<\/p>\n
The compensation provided to landowners in exchange for the
\nland value, development value and agricultural value of their
\nproperty can take the form of cash and\/or other land and\/or other
\nbuildings\/residences.<\/p>\n
Article 4(3) of Gubernatorial Decree No. 83\/2005 provides that
\nthe committee, presided over by the governor at the provincial
\nlevel or the relevant mayor at the municipal level, is required
\nto report any objections from landowners, and the reasons for
\nthese objections, to the Jakarta governor, who is vested with the
\npower to either accept the committee's recommendations or revise
\nthem.<\/p>\n
Should a landowner reject the governor's determination, the
\nmatter then goes to the district court for a final ruling on the
\nadequacy of compensation. In the meantime, however, the
\nadministration is free to compulsorily acquire title and evict
\nthe landowner, by force if necessary.<\/p>\n
Sutiyoso's administration has said that it will apply the
\nPresidential Regulation to the acquisition of land for the East
\nFlood Canal project, which it is hoped will help control the
\nannual flooding in the capital.<\/p>\n
The project has become mired in land acquisition problems as
\nmost residents whose land and properties are affected by the
\nproject in areas such as Marunda, Duren Sawit, Pulogebang and
\nCipinang have demanded more compensation.<\/p>\n
Anhar Safrudin, a representative of residents in Pulogebang
\nsubdistrict, East Jakarta, said in May that he wanted the
\nadministration to pay Rp 1.5 million per square meter for their
\nland -- much more than the amounts on offer, which range from Rp
\n400,000 to Rp 800,000 per square meter.<\/p>\n
The Presidential Regulation states that the compensation
\noffered must take into account the latest taxable value (NJOP) of
\nthe land. Taxable values in Pulogebang range between Rp 464,000
\nand Rp 820,000 per square meter.<\/p>\n
When, or perhaps if, completed, the East Flood Canal will
\nstretch for more than 23 kilometers from Cipinang district in
\nEast Jakarta to Marunda in North Jakarta, and will be between 100
\nand 300 meters wide. It will also link up with the existing West
\nFlood Canal to create a semicircular canal that will channel
\nrunoff water from the 13 rivers flowing through the capital,
\nwhich has seen regular flooding for many years.<\/p>\n
The central government is shouldering the burden of
\nconstructing the canal, while the city administration is
\nresponsible for land acquisition.<\/p>",
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"sponsor": "Okusi Associates",
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