Evictees Muara Karang fishermen lose case against city
Evictees Muara Karang fishermen lose case against city
M. Taufiqurrahman, The Jakarta Post, Jakarta
The Jakarta State Administrative Court ruled in favor of the
North Jakarta municipality administration on Thursday in its
dispute with fishermen evicted from Muara Angke.
The fishermen had filed a suit against the municipality
demanding the eviction order against them be annulled and they be
allowed to return to their homes.
The panel of judges ruled the eviction was legal as the order
was issued against illegal occupants of state land.
"The order was issued in line with Article 3 of Law No.
51/1960 on restrictions on land use without consent. The local
administration had the right to take legal measures against
illegal occupants," presiding judge Jodi Martono said in the
verdict.
He said that although the law stipulated that only the Jakarta
governor could issue an eviction notice, a municipality
administration was able to issue a notice on the governor's
order.
Jodi said the evictees could file a civil suit against the
city administration for material losses suffered in the eviction.
One of the lawyers for the plaintiffs, Taufik Basari of the
Jakarta Legal Aid Institute, said he would consult with the
fishermen about whether to appeal the decision.
"The decision barely touched on the problems faced by the
evictees, who are now suffering health problems and mental
distress after their homes were torn down by the public order
officers," he said after the trial.
Taufik said that while the legality of the order was being
reviewed by the administrative court, the evictions should have
been halted pending a court ruling.
The fishermen filed their lawsuit last December, following a
string of evictions initiated by Governor Sutiyoso.
Evictees from Pinang Ranti, East Jakarta, and Tanjung Duren
Selatan, West Jakarta, have also filed lawsuits against the
respective municipal administrations.
Last October, Sutiyoso began evicting squatters illegally
occupying state land or residing along riverbanks. The governor
said he wanted to make Jakarta free of slum areas.
His decision to deploy public order officers to carry out the
evictions caused numerous brawls, leaving many evictees injured.
A recent report from the Geneva-based Center on Housing Rights
and Evictions names Indonesia as one of the world's worst
violators of housing rights.