C. Java governor urged to obey court ruling on Kedungombo

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)