Wed, 04 Sep 1996

Mayor dismisses lawsuit as irrational

JAKARTA (JP): South Jakarta Mayor Pardjoko has said through a spokesman that the law suit filed against him by a trader over land appropriation in Srengseng Sawah, South Jakarta, was irrational.

Mayoralty spokesman Djabintang Siboro questioned how the trader, Henry M. Ali, determined the price of the land.

"How can the price he proposed in 1990 be the same as the current price," Djabintang told The Jakarta Post on Monday. He was referring to the price of appropriated land for a toll road project in South Jakarta which is underway.

Henry is suing the Jakarta governor, the director general of highways of the Ministry of Public Works and the South Jakarta mayor for what he claims is the illegal appropriation of 2,000 square meters of land belonging to him.

He is suing the defendants for Rp 1.3 billion (US$553,191): Rp 300 million for the land's value and Rp 1 billion for immaterial damages.

The trial will continue today after being adjourned last week because the defendants' lawyers were absent.

Djabintang said Henry had a right to sue the government. "But we also have a right to defend ourself," he added.

He questioned why Henry's lawyers were using a new regulation on land appropriation -- one which is based on a presidential decree -- introduced after the case occurred in 1990, when the regulation was still under a ministerial decree.

Henry filed the same suit in 1990 but the South Jakarta District Court rejected it because his writ did not name the director general of highways.

Henry rejected the government's Rp 54 million compensation for his land, arguing he had been informed by the mayoralty that his land was in a designated residential zone before he bought it.

The land has been acquired by the government for the Pasar Minggu - Depok road project.

Henry, who is reported to have been forcibly moved three times to make way for government projects, is now living in Srengseng. (jun)