Pedicab drivers win lawsuit against Jakarta governor
Pedicab drivers win lawsuit against Jakarta governor
JAKARTA (JP): Over 1,000 people crammed into the Central
Jakarta District Courthouse and joyfully screamed after the
judges ruled in favor of becak (pedicab) drivers, declaring
unlawful the Jakarta governor's ban on pedicabs in the capital.
"The plaintiffs (pedicab drivers) are allowed to operate in
and around residential complexes, marketplaces and other selected
areas in the capital," presiding judge Manis Soejono told the
court.
"I also advise the city administration to revise city Bylaw
No. 11/1988, which prohibits pedicab drivers from operating in
the capital. The case is closed."
The verdict was saluted by pedicab drivers, who clapped
wildly, hugged and congratulated one another in the packed
courtroom.
On the contrary, it shocked lawyers representing the city
administration, Iskandar and Hendra Panggabean, who immediately
made their way out of the courtroom after Judge Manis finished
reading the verdict.
"We have to report this verdict to Governor Sutiyoso first.
Whether we will appeal or not, that's entirely the governor's
decision," Iskandar said, before hurriedly leaving the courtroom.
The court, however, did not entertain all of the plaintiffs'
demands stated in their lawsuit.
"The court rejects the plaintiffs' demand that the governor
must make a verbal apology and a written apology via the media to
the pedicab drivers for causing nonmaterial damages," Judge Manis
said.
"Since it was never proven in court that nonmaterial losses
were inflicted on the drivers, the plaintiffs' demand that
Sutiyoso pay Rp 1.875 billion (US$210,600) in nonmaterial damages
is rejected," he added.
Judge Manis also rejected the demand that the city
administration hand over City Hall in exchange for nonmaterial
losses inflicted on the drivers.
Celebrating their victory, the euphoric becak drivers escorted
by several NGO activists brought their pedicabs to Jl. Gajah Mada
and nearby streets, causing heavy and prolonged traffic
congestion in the crowded business area.
At noon, they pedaled to City Hall to stage a rally. They were
intent on meeting Governor Sutiyoso to force him to comply with
the newly issued verdict of the Central Jakarta District Court.
"We want to know how Sutiyoso reacts to the court's decision,"
45-year old becak driver Suparno said.
However, after waiting for about one hour, neither the
governor nor his deputies were willing to meet with
representatives of the drivers.
The drivers, claiming to represent a total of 6,000 pedicab
drivers in the capital, then gathered along the street in front
of City Hall. Their action immediately caused another traffic
jam.
The situation almost turned violent when several pedicab
drivers began banging on a car belonging to the city
administration.
"Do not touch the car! Do not touch the car! ... It has
nothing to do with our demand!" one driver shouted to calm his
friends.
Speaking as a representative of the pedicab drivers,
coordinator of the Urban Poor Consortium Wardah Hafidz demanded
that the city administration immediately issue a ruling that
would regulate the operation of becak in the capital.
"Winning the lawsuit will not mean that becak drivers are free
to roam the city's streets without regulation. They should be
treated like any other street users," Wardah said.
Another becak driver, Wahod, 50, said that he was relieved
with the court's ruling.
Met separately, Governor Sutiyoso -- seemingly amazed by the
court's decision -- questioned the court's right to judge the
city bylaw.
"Where is the so called regional autonomy if regional
administrations' rights to take care of their own business is
neglected by the court?" he asked.
The governor insisted that the city administration would
continue with its operation to rid the city's streets of pedicabs
despite the court's verdict.
"I'll remain consistent with the cleanup because I am just
following the bylaw. I'm under constant pressure from city
councillors that for once and for all I rid the city of pedicabs.
"The bylaw is still in effect so I have no choice but to
uphold the bylaw. City administration will appeal to the high
court," he announced.
"If residents want the bylaw to be amended, they have to
deliver their demand to City Council because the bylaw was
enacted with the council's consent," he said.
City Council speaker Edy Waluyo supported Sutiyoso.
"City administration must appeal to the high court because we
have the bylaw which prohibits pedicabs," he said.
Similarly, chairwoman of the National Mandate Party (PAN)
faction at City Council Wasilah Sutrisno urged the city
administration to appeal to the high court.
"I wonder whether the court understands the law or not. It
(the verdict) violates the bylaw," she said. (ylt/nvn/jaw)