Pedicab drivers defend lawsuit
Pedicab drivers defend lawsuit
JAKARTA (JP): Becak (pedicab) drivers have defended their
decision not to name the City Council (DPRD) as one of the
defendants in their class action against a citywide ban on becak.
They said that besides demanding that they be allowed to
operate in Jakarta, they were also challenging the Jakarta
governor's right to take harsh measures against the drivers when
clearing them from city streets.
"The pedicab drivers did not include the City Council as a
defendant in the case since we were only filing a lawsuit against
the governor's policy," said lawyers of the pedicab drivers in a
hearing held on Monday at the Central Jakarta District Court.
The hearing was presided over by judge Manis Sudjono.
The drivers blame the governor for city officials' repressive
actions in their attempts to rid the city of becak.
"The governor acted beyond his responsibility. Therefore, we
filed suit against the governor, not the DPRD," the lawyers said
in their defense statement.
In last week's hearing, the governor's lawyers demanded the
district court drop the lawsuit since the pedicab drivers had
failed to name DPRD as a party also responsible for the issuance
of City Bylaw no. 11/1998 on public order.
"The City Council should be included as a defendant in the
case. Omitting other responsible parties from the lawsuit will
mean that the lawsuit is incomplete," said the governor's
lawyers.
The pedicab drivers' lawyers also rejected the opposing camp's
claim that the drivers had failed to provide valid identity cards
while filing the lawsuit.
"The drivers enclosed their identity cards in the lawsuit.
There should not be a problem with the drivers' original domain
as all of them now live in the city," the lawyers said.
One hundred and thirty nine pedicab drivers, representing
6,000 pedicab drivers operating in the city, filed a lawsuit in
February at the Central Jakarta District Court, demanding the
governor allow them to operate in limited zones, such as housing
complexes and markets in the capital.
In Monday's hearing, some 300 pedicab drivers were present in
the courtroom for the one-hour hearing, which started at 10:30
a.m.
Lawyers Paulus Mahulette and Ida Budhiati represented the
pedicab drivers, while Susanto and Aleston Tambunan represented
the governor.
Judge Manis adjourned the hearing until next week to hear
responses from the governor's lawyers.
The judge reprimanded the pedicab drivers before ending
Monday's hearing after the drivers voiced dissatisfaction over
the judges' decision to adjourn the hearing until next week and
their failure to complete the trial on the same day.
"If you are dissatisfied with the adjournment of the hearing,
you should consult with your lawyers. You don't know the hearing
procedures," he said.
Separately, another team of lawyers represented the pedicab
drivers in the first hearing of similar lawsuit at the North
Jakarta District Court. (asa)