C. Java governor urged to obey court ruling on Kedungombo

JAKARTA (JP): Provincial authorities in Central Java should respect the law by honoring the Supreme Court's ruling in favor of displaced farmers at the controversial Kedungombo reservoir project, lawyers said.

The Supreme Court ruled that the government must pay Rp 50,000 (US$23) for each square meter of land to farmers in Kemusu village and another Rp 2 billion for "non-material losses."

Abdul Hakim Garuda Nusantara, a noted lawyer and human rights advocate, said yesterday that the governor of Central Java was attempting to shirk his responsibilities and show disrespect for the law.

"The governor should be open-minded and show his leadership by respecting the Supreme Court's verdict," he told The Jakarta Post.

Abdul Hakim was commenting on the disappointment aired by Central Java Governor Soewardi over the Supreme Court's ruling which ordered the provincial administration to pay higher damages.

He dismissed the remarks made by Diponegoro military commander Maj. Gen. Soeyono, saying that the general had nothing to do with the case.

"He is not a defendant so his remarks are irrelevant," he said.

Governor Soewardi reportedly plans to ask the Supreme Court to review the decision while Maj. Gen. Soeyono openly questioned its authenticity.

The World Bank in the late 1980s funded the US$166-million multi-purpose reservoir project which displaced thousands of farmers living in a 6,700-hectare area in Boyolali regency, Central Java.

The case in question involves residents of an area of nine hectares. The court decided that the government must pay 34 farmers Rp 50,000 for each square meter of land used for buildings and another Rp 30,000 per square meter of agricultural land.

The Indonesian Legal Aid Institute (YLBHI) expressed concern over what it called "premature remarks" made by the authorities and other government officials, including the head of the National Land Agency.

"This shows that the officials are not ready to face the reality that the land has been appropriated unlawfully," YLBHI lawyers said.

Stubborn

They supported the court's decision, especially since it also rehabilitates the farmers' reputations. The farmers had been accused by the government of being "stubborn" and "selfish" for not considering the development of a public facility.

Another lawyer, Mohammad Assegaf, shared Abdul Hakim's view and said that local authorities should not feel offended or disregarded by the Supreme Court's verdict.

"By accepting the decision they will be seen as respecting the law," Mohammad said.

He also expressed his satisfaction over the ruling, saying it was made after the Supreme Court conducted a meeting with the farmers.

"The Supreme Court has set a good example on how to conduct negotiations for other land cases," he said.

Mohammad Assegaf said that by law the court has to execute the ruling, which means that payment of compensation to the farmers should be done first although the officials could appeal for a review. He conceded, however, that the ruling could be executed in stages due to the government's limited budget.

Abdul Hakim said that the governor could only order a review if new evidence surfaces.

"I don't see any new evidence to be used in a review in connection with this case," he said.

Abdul Hakim said the decision is fair and said the farmers deserved to be paid Rp 2 billion for non-material damages.

"They were intimidated and insulted by the government, which even called them PKI (communists)." he said. (05)