Supreme Court's reversal deplored<\/p>\n
JAKARTA (JP): The National Commission on Human Rights
\nyesterday criticized the Supreme Court's decision to reverse its
\nown ruling on the Kedung Ombo land dispute.<\/p>\n
\"The latest ruling of the Supreme Court surprised the National
\nCommission on Human Rights,\" Baharuddin Lopa, the Commission's
\nsecretary general told reporters in a press conference.<\/p>\n
\"We deeply regret that the Court reversed its previous
\nruling,\" said Lopa, who at the press meeting was accompanied by
\nRoekmini Koesoemo Astoeti, a member of the Commission.<\/p>\n
Lopa said that his remark was based on an official statement
\nsigned by Ali Said, the commission's chairman.<\/p>\n
The commission still expects that the 34 local villagers will
\nfinally get a fair and objective decision in their prolonged
\nefforts to get sufficient compensation for their lands, which
\nwere cleared to make way for the construction of a large-scale
\ndam project in Kedung Ombo, Central Java.<\/p>\n
The Supreme Court's decision to reverse the ruling was
\nannounced to the press on Monday by outgoing Chief Justice
\nPurwoto Suhadi Gandasubrata on the day he handed over the post to
\nhis successor R. Soerjono.<\/p>\n
Earlier, Purwoto and the Court were lauded by various
\npolitical and legal circles on the first ruling, which ordered
\nthe government to pay compensation to the villagers whose lands
\nwere procured by the state for the huge reservoir.<\/p>\n
Senior Judge Zainal Asikin Kusumah Atmadja, who presided over
\nthe Supreme Court of appeal, ruled that the government must pay
\nRp 50,000 per square meter of land to the villagers, in contrast
\nto Rp 4,000 offered by the government and Rp 10,000 sought by the
\nvillagers.<\/p>\n
The Court also ordered the government to pay Rp 2 billion
\n($952,000) in \"non-material\" losses to the farmers.<\/p>\n
Two lower courts had previously passed rulings in favor of the
\ngovernment.<\/p>\n
The reversal of the nation's highest court's decision came
\nafter the government, in this case the Central Java provincial
\ngovernment and the Ministry of Public Works, applied for a review
\nof the case with the Supreme Court.<\/p>\n
The rights commission, however, did not provide any
\nsubstantial solution to ratify its deep sympathy towards the 34
\nlocal villagers. The commission's secretary general confirmed
\nthat the two-paragraph statement was totally understandable and
\nrepeatedly refused to give further explanation on its statement.<\/p>\n
\"It is only your own interpretation of our statement,\"
\nRoekmini said when a reporter asked her whether the rights
\ncommission agrees with Zainal's decision.<\/p>\n
Meanwhile, Soegiri, another member of the commission, said
\nafter the press conference that the commission had not expect the
\ncourt's reverse decision.<\/p>\n
\"We predicted that the court would only revise its previous
\nruling,\" he said.<\/p>\n
Soegiri, who came after the press conference altogether with
\nMarzuki Darusman, the commission's deputy chairman, and Albert
\nHasibuan, another commission's member, said he regretted that the
\nlocal villagers have not had the opportunity to benefit from the
\nland compensation.<\/p>\n
However, he said, the 34 villagers could still expect a fair
\ndecision from the Central Java Governor regarding the amount of
\nthe compensation. They can also disagree with the governor's
\ndecision, he said.<\/p>\n
According to Presidential Decree No. 55\/1993, the governor
\nmust report to the President if the villagers refuse to accept
\nhis decision, Soegiri said. The President will revoke the
\nownership of the land, based on the Act No. 20\/1961, and then
\ndetermine the amount of the compensation.<\/p>\n
Soegiri, former deputy Chief Justice for Military Cases, said
\nthe villagers could file a civil lawsuit to the local high court,
\nif they still disapprove with the President's decision.<\/p>\n
Soegiri said the villagers can go to the State Administrative
\nCourt and sue the governor if the governor does not report the
\ndispute to the President.<\/p>\n
Marzuki had a similar statement on the court's decision.<\/p>\n
\"We do not understand why the whole content of the villagers'
\nlawsuit was rejected,\" he said.<\/p>\n
However, there is still an opportunity to revise the court's
\ndecision: namely, by fulfilling the villagers' demand for
\ncompensation of Rp 10,000 per square meter of land, he said.
\n(imn)<\/p>",
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