Execute ruling on Kedungombo soon: Purwoto

JAKARTA (JP): Chief Justice Purwoto Gandasubrata said the government must immediately execute the Supreme Court ruling granting villagers a higher compensation rate than officially offered for their land in Kedungombo, Central Java.

The government can only request a stay of execution if it has strong reasons for doing so, Purwoto told journalists yesterday.

Otherwise the ruling must be executed, he said after receiving representatives from the Atmajaya Catholic University who presented their findings on a study of Indonesian Customary Law.

The chief justice said the execution could be delayed given the government's budgetary constraints.

The Supreme Court ruled in favor of 34 farmers in Boyolali, Central Java, who demanded more compensation than the government was willing to offer. Their land, covering an area of nine hectares including houses and rice fields, had been procured to make way for the massive Kedungombo dam.

The decision overturned the rulings of two lower courts, which both favored the Central Java Provincial Government.

The Supreme Court ruled that the government must pay Rp 50,000 (US$23) for each square meter of land and building to the farmers in Kemusu, and another Rp 2 billion for "non-material" losses.

The farmers demanded only Rp 10,000 (US4.80) per square meter while the government had set compensation at Rp 4,000 per square meter.

Controversy

The construction of the $166 million multipurpose reservoir, partially funded by the World Bank, was fraught with controversy in the mid 1980's when the project displaced thousands of farmers and their families living in an area of 6,700 hectares.

Purwoto said yesterday that he has already heard that the Central Java authorities will ask for a review of the case.

He said he did not know whether the local government will also ask for a stay of execution of the ruling.

Meanwhile, Deputy Attorney General for Civil and Administration Affairs Soehadibroto briefed reporters in his office yesterday on review procedures as his office was preparing to petition for a review of the case with the Supreme Court.

Soehadibroto said in its petition for a review, the government need not necessarily present evidence.

The law also permits a petition for review if the Supreme Court ruling exceeds the demands made by one of the parties in the dispute, such as in the Kedungombo case where the compensation set by the court exceeds the level previously sought by the farmers.

The government has a case to ask for a review, he said.

The government also found a number of "errors" in the Supreme Court ruling which make it difficult to execute, he said.

As an example, he said the ruling set the compensation for trees felled at Rp 30,000 "per square meter."

The Central Java High Prosecution Office has said that it plans to file for a stay of execution of the Supreme Court ruling pending the outcome of the review of the case.

Meanwhile the 34 Kedungombo farmers have entrusted their case to the Semarang Legal Aid Institute to seek an early execution of the court ruling. (05)