Govt petition for stay of execution on Kedungombo

Govt petition for stay of execution on Kedungombo

JAKARTA (JP): Chief Justice Purwoto Gandasubrata said
yesterday that the government has petitioned for a stay of
implementation of the Supreme Court's ruling on the Kedungombo
land dispute.

Lawyers from the Indonesian Legal Aid Foundation (YLBHI),
which has represented the Kedungombo villagers in the dispute
with the government, yesterday met with Purwoto to seek
clarification of press reports suggesting that a stay of
execution had been granted.

Purwoto categorically denied the reports but said that the
government's petition had been submitted through the Semarang
District Court, the court which initially dealt with the case,
according to a statement by the YLBHI.

It usually takes about one month after an appeal being lodged
before the Court can start the legal machinery, he added.

While acknowledging that appeals for reviews cannot be used as
legal arguments to delay the execution of a ruling of the Supreme
Court, Purwoto said that "in practice" the Court can find
"exceptionalities" as reasons to issue the order.

"But this (appeal for reviews or a stay of execution due to
exceptional circumstances) is rarely granted," Purwoto was
reported to have said to Haryono Tjitrosoebono, Mas Achmad
Santosa, Frans Hendra Winata and Bambang Widjojanto.

The lawyers were representing 34 farmers in Kedungombo,
Central Java, who sued the government for higher compensation for
the land they gave up to make way for a World Bank-funded
reservoir.

The group of lawyers pleaded yesterday that Purwoto move to
erase contradictory reports about the appeal by formally
explaining the Court's stance on it.

"We also ask the Chief Justice to explain to us the legal
foundation or legitimacy of appeals for a delay in the
implementation of the rulings of the highest legal body," the
lawyers said.

The lawyers said that delaying the implementation of the
Supreme Court's ruling, "aside from lacking legal base, will
create legal uncertainty and hurt the people's sense of justice".

"We believe the institution (of appeal for delay) should be
abolished, particularly in the Kedungombo case," they said.

The Court reversed the rulings of two lower courts which
endorsed the government's offer of compensation of Rp 4,000
(US$1.85) per square meter. The Supreme Court went a step
further, setting the compensation at Rp 50,000 per meter,
compared to Rp 10,000 sought by the villagers. The court also
ordered the government to pay Rp 2 billion to the villagers for
"non-material losses".

The government, in this case the Central Java provincial
administration, was reported to have lodged an appeal on Monday
for a review of the case with the Supreme Court through the lower
court in Semarang.

So far, the Central Java administration has also resisted
pressure to pay up until after the review, saying that it had to
protect the interests of the people and taxpayers in the country.
(swe)