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.