Koja resident sues firm and governor for billions

JAKARTA (JP): Hasam Saman, a North Koja subdistrict resident, is filing a lawsuit against the Jakarta governor and PT Pelindo demanding that the two pay him Rp 3 billion (US$1.37 million) each.

PT Pelindo is a state-owned seaport company.

"I request the honorable judge to decide that the defendants pay me Rp 3 billion each for the unlawful land appropriation which is causing me extreme mental anguish," said plaintiff S.M. Hasan Saman at the North Jakarta District Court yesterday.

Hasan Saman is an employee of a state-owned company, whose house was built on 300 square meters of land will be appropriated for the expansion of a container terminal.

The subdistrict, adjacent to the Tanjung Priok container terminal, has been earmarked as a new cargo terminal extension site. Over 6,880 families, 32,785 people, in the 144-hectare area will have to be moved before construction begins.

Previously, Saman and 50 others residents filed a civil suit but later they withdrew.

However, Saman said that the rest of North Koja residents will benefit from the same legal advantage if he wins the law suit.

The new $498-million terminal is the property of PT Pelindo and Humpuss Terminal Peti Kemas III and will begin operating in October 1998. Humpuss Terminal Peti Kemas III is a company owned by President Soeharto's youngest son Hutomo Mandala Putera.

Most of the residents seem willing to leave their land but they object to the amount of compensation offered by PT Pelindo.

North Jakarta Mayor H. Suprawito, who is also the head of the North Koja land appropriation committee, has offered three options of land compensation, Rp 160,000 (US$74) per square meter for the residents whose land located alongside the main road, Rp 130,000 for land located on subdistrict road and Rp 100,000 for land located on alleys.

The district chief of Koja, Jurthoni, said earlier that there were 2,319 families who agreed to accept the compensation.

However, the offer was rejected by Hasan because, according to the 1993 Presidential Decree No. 55 and the 1993's Minister of Finance Decree No. 174, the land compensation for North Koja residents should be based on the value of taxable property (NJOP) set by the government.

"The estimated land price in North Koja area in 1994 is around Rp 6 million per square meter. Based on the 1993 NJOP the land price is Rp 614,000," he said, casting aspersions on the government's level of compensation.

Meanwhile, M. Rachmat and J. Pakpahan, two lawyers who represent PT Pelindo and City Administration respectively, told presiding judge Rahajeng Endah that the North Jakarta District Court is not legally competent to try this type of case.

Rachmat said that the only courthouse which has the legal authority to try the case is the State Administrative Court (PTUN).

Judge Rahajeng said that she will make a thorough study of the case and will decide whether or not she accept the defendants' statement next Monday. The judge adjourned the session until Sept. 26.(03)