Govt promises not to evict people for profit

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Responding to a protest against a presidential regulation on land acquisition for public services, President Susilo Bambang Yudhoyono has ordered all governors not to use the regulation to evict people.

Minister of Public Works Djoko Kirmanto said on Thursday the regulation was not intended to accommodate the interests of the private sector or individuals.

"Evictions can only take place in the case of infrastructure projects which have been stipulated in the city plan and (the government) cannot scrap them, for example, the construction of toll roads and the east flood canal," Djoko said after a meeting with the President.

Thousands of farmers rallied in front of Merdeka Palace on Wednesday to protest the new regulation. Similar demonstrations took place in South Sumatra and Southeast Sulawesi.

State Secretary Sudi Silalahi said the government considered the rallies an "acceptable" part of democracy.

However, he warned against the use of protests for political interests by certain groups, particularly land middlemen.

"The regulation instead protects people's right to sell their land without middlemen, who will take the advantage of the construction of public infrastructure," Sudi said.

Susilo issued Presidential Regulation No. 36/2005 on the development of land for public interests last month. The new regulation allows the government to acquire land for construction of public infrastructure at a rate determined by the taxable value of the land instead of the market price.

Critics have warned that the regulation is likely to be abused due to the obscure definition of public interests.

Former member of the National Commission on Human Rights (Komnas HAM) HS Dillon said the protests against the regulation reflected the public distrust of government officials, particularly those who handled land issues.

He said people were concerned that government officials and middlemen would seek benefit from land acquisition for infrastructure projects because they could set a very low price for the land to sell it at a very high price to investors.

"The President believes the decree will protect people from these government officials and middlemen. But the common people doubt that government officials will implement it properly. The protest is not about the decree, but concerns of possible misuse of the regulation," he said.

Article 5 of Presidential Regulation No. 36/2005

Construction projects for public interests conducted by the government or local administrations include:
a. public roads, toll roads, railways (on the ground, underground or above the ground), clean/drinking water system, drainage and sanitation channels
b. dams, irrigation and other water-related infrastructure construction
c. public hospitals and public health centers
d. seaport, airport, railway stations and bus terminals
e. religious sanctuaries
f. schools
g. public markets
h. public cemeteries
i. public security facilities
j. post and telecommunication facilities
k. sports facilities
l. radio, television stations and supporting infrastructure
m. offices of the government, local administration, foreign embassies, United Nations and international agencies under the United Nations
n. the facilities of the Indonesia Military and the National Police
o. penitentiaries and detention centers
p. low-cost flats
q. dump sites
r. natural and cultural preservation sites
s. gardens
t. social institutions
u. electricity generators, transmission and distribution