Sat, 09 Sep 1995

Koja residents challenge remarks by Gen. Wiranto

JAKARTA (JP): Koja Utara residents challenged a statement made by Jakarta Military Commander Maj. Gen. Wiranto yesterday over an ongoing land dispute.

Wiranto on Thursday urged about 1,500 families still in the area to move from their 90-hectare plot of land, which belongs to the government and is scheduled to be used for a container terminal.

"We will meet with the residents soon to explain once again that they have no right to the land. What they have done so far is disrupting the government's development program," Wiranto said.

A Koja resident, Martin Mohamad, told The Jakarta Post that the residents are waiting for the legal outcome of the case.

"The legal process is not yet final. He (Wiranto) should not say things like that. This is a country based on law," Martin said.

With the assistance of the Legal Aid Institute (LBH), two Koja Utara residents, Noor Alam Baso and Yansen Ismail, last month planned to file a lawsuit with the Supreme Court after being turned away by the North Jakarta District Court and the Jakarta Administrative Court.

The residents are demanding that the North Jakarta mayor revoke his decree on the amount of compensation to be paid to residents.

The North Jakarta mayor's decree sets the amount of compensation at no more than Rp 165,000 (US$72.72) a square meter.

The residents rejected the amount, saying the amount is too low. They are demanding Rp 2.275 million per square meter, but said the amount was negotiable.

Meanwhile, LBH division chief of land affairs Waskito Adiribowo told the Post that the case would be taken to the Supreme Court since both the North Jakarta District Court and the Jakarta Administration have rejected the case.

According to him, after being turned down by the North Jakarta District Court the case should be taken to the Jakarta Administrative Court since it involves a state-owned company. The Jakarta Administrative Court, however, also declined to try the case because it had to do with compensation, which is beyond its jurisdiction.

"We will take the case to the Supreme Court to determine which court is entitled to try it," Waskito said.

Documents show that the land occupied by the residents belongs to the state-owned company PT Pelindo II, and not to the government, Waskito said.

"There is a difference between a government and a state-owned company," he said.

"The residents are holding documents stating that they are users of the land. That is why they pay taxes on the land and buildings," Waskito said.

"But the point is that the residents deserve fair compensation and they want the court to decide," Waskito said.

In a related development, members of the City Council urged all officers to execute the relocation plan, to negotiate with the local residents and to avoid any physical clashes.

Saud Rahman, the deputy chairman of the United Development Party faction of the council, said yesterday there is still one week to negotiate.

Saud has no objection to the ultimatum given by the city military commander. "It is better for the residents to heed Wiranto's call and accept the compensation set by the City Administration," he said.

Djenny Suharso, the deputy chairman of the Indonesian Democratic Party faction, agreed that there should be no physical violence.

"I think the persuasive approach made by the city military chief is good." he said. (01/32)