City told to file suit against demolition

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)