No reprieve for finance ministry in illegal demolition lawsuit
No reprieve for finance ministry in illegal demolition lawsuit
JAKARTA (JP): A senior city official overruled on Monday a
proposal that the city administration not prosecute the finance
ministry for its failure to prevent damages to the former Supreme
Court building.
City secretary Fauzi Bowo said the city administration would
continue with its plan to take the case to court.
"I agree (with the law and heritage building experts' opinion)
that an out-of-court settlement would be a bad precedent, and
older buildings would continuously be demolished in the future,"
he told The Jakarta Post.
"I will contact the city restoration council regarding their
proposal that there should be no prosecution, but instead to try
and reach an out-of-court settlement," he said, while citing that
he had yet to obtain the council's official report.
Fauzi said he would recommend that the finance ministry be
penalized and required to repair damages to the building on Jl.
Lapangan Banteng Timur, Central Jakarta, which is included on the
list of the city's protected buildings.
"But the recommendation that the finance ministry restore the
damaged area does not mean that the legal process should be
halted.
"That's what I call a win-win solution," he said.
Chairman of the restoration council Wisnu Murti Ardjo said
earlier on Friday that the administration would resolve the case
out of court by demanding the ministry repair the damages to the
protected building. He also suggested that the ministry could
continue with the construction of a four-story building at the
rear of its office complex.
Wisnu described the city administration's willingness to let
the finance ministry continue with the construction of the
building, and at the same time restore the damages as a win-win
solution.
The decision, he said, was made at a meeting between finance
ministry officials and the city restoration council at the city
museum and restoration agency office in South Jakarta last
Wednesday.
Experts said that based on Law No. 5/1992 on heritage, the
officials from the finance ministry could be punished with a
maximum jail sentence of 10 years or a Rp 100 million (US$14,285)
fine for damaging the rear of the 152-year-old building. The
damages occurred to allow construction of the building to house
the budget directorate general.
The administration told the ministry to halt construction as
the project also needed a building permit. But the plea went
unheeded.
When restoration council members visited the scene, no
ministry officials met them.
Fauzi said the ministry had sent an official letter last week,
apologizing for the damages.
"Of course we forgive them, but that is not enough as we
should still take legal action," he said.
Fauzi agreed that the governor should take harsh action
against any violation, "but it is not as easy as it looks".
He acknowledged that there were still many corrupt city
officials opposed to conservation of protected buildings or the
environment within the city.
"I know that there are parties who are not happy with
conservation as it means construction projects will drop in
number," he said.(ind)