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)