City told to file suit against demolition

JAKARTA (JP): A preservationist, a city councilor and a lawyer suggested on Tuesday that the city administration should file a lawsuit against the Ministry of Finance for demolishing part of the protected former Supreme Court building in Central Jakarta and for failure to obtain a building construction permit (IMB).

Interviewed separately on Tuesday, councilor Tjuk Sudono, building expert Danang Priatmodjo and lawyer Robaga Gautama Simanjuntak criticized the city administration for its failure to take legal action against parties who damaged historical buildings.

Tjuk, a member of Commission D on development affairs, said the authorities should uphold the legal instruments which they themselves have created.

"The fact that there have been repeated occurrences of damage to protected buildings in the city shows the administration's failure to enforce the law," he said.

He said the administration should have the courage to file a lawsuit against the Ministry of Finance -- which owns the listed building-- for the ministry's failure to preserve the heritage and for constructing a new building without a permit.

Danang said a lawsuit might serve as shock therapy for other parties who would damage old, protected buildings.

"Past instances of damage to our city's heritage have occurred at least three times. In the past, the administration always settled such cases out of the court," he said.

Danang was referring to recent demolition of parts of the protected Antara news agency building on Jl. Antara and all of the former Immigration building on Jl. Teuku Umar, both in Central Jakarta.

"But the administration has never taken legal action against the buildings' owners despite their obligation to reconstruct the demolished parts," he said.

The construction of a four story-building, owned by the budget directorate of the Ministry of Finance, has damaged the rear of the protected old supreme court building on Jl. Lapangan Banteng Timur. The act violates 1992 Law No. 5 on Heritage which carries a maximum 10 years in jail or a Rp 100 million (US$14,285.7) fine.

The construction of the four-story building was also illegal as it has been carried out in the absence of an IMB. The administration officially instructed the owner to halt the project, but the activity continued.

Deputy head of the city development control agency, Djumhana, said on Tuesday that due to the lack of an IMB, the construction should actually be demolished, "but we won't take such action because the owner has shown their good will to fulfill the requirements".

"Moreover, the construction work was financed by the state budget and the project should have been finished at the end of the fiscal year in March."

Djumhana also said that the owner had promised to reconstruct the demolished part of the listed building.

But lawyer Robaga Gautama Simanjuntak said the administration would be showing discrimination if they did not impose punishment on the ministry.

"Usually the administration takes immediate action against people who violate the regulation by demolishing buildings constructed without a building permit.

"For the sake of justice, the administration should also impose the same punishment towards the government. If it is impossible to demolish the new construction because it is for the people's need, at least the government should pay the penalty," he said. (ind)