Government defends new land decree amid strong protests

Government defends new land decree amid strong protests

The Jakarta Post, Jakarta

The government has defended the controversial presidential
decree that allows the government to forcibly take over privately
owned land that has been earmarked for development purposes, even
when owners fail to agree on compensation offered to them.

Vice President Jusuf Kalla said that despite recent protests
by many non-governmental organizations (NGOs) against
Presidential Decree No. 36/2005, it should not be assumed that
all people are opposed to it.

"Because it (the decree) is intended for the public interest.
Do not forget that this decree is different from the previous
one, under which past authorities were able to acquire land
arbitrarily," Kalla said late last week.

He explained that in order to take over land for development
projects under the new decree, a number of steps had to be
followed, including obtaining approval from more than 50 percent
of local residents.

"So, if all the residents disapprove of the land acquisition,
then the takeover cannot proceed," Kalla added.

Critics have claimed that the decree could be abused to favor
business interests above public interests. A number of NGOs are
currently seeking public support to file a request for a judicial
review of the decree, which they said could cause human rights
problems in the future with forced evictions and intimidation.

Walhi and a number of other NGOs plan to submit the request to
the Supreme Court on July 29.

Meanwhile, Coordinating Minister for the Economy Aburizal
Bakrie dismissed on Sunday concerns raised by the NGOs, saying
that in addition to ensuring certainty for public development
purposes, the land decree also guarantees transparency in the
acquisition of land for development projects, and recognizes
people's ownership of their land and property.

Aburizal said in a press statement that the decree provided
certainty for the development process because it stipulates that
the process of negotiation with land owners must not exceed 90
days from the time the first invitation to negotiate is made.

On the matter of transparency, he explained that a plot of
land to be acquired by the government must already be included in
the government's regional spatial planning, and that the land
allocation must also be approved by regional administrations such
as governors, regents or mayors.

Both the central government and local administration must
conduct public consultations with lawmakers in designing the
spatial development plans and in allocating land resources for
development.

"The public consultation process will provide transparency
both for the wider public and the people whose land would be
taken for public development purposes," Aburizal said.

He also said the decree rules that the size of compensation
for people whose land and property would be affected must be
decided by a professional appraiser to be appointed by local
governments.