`Residents doubt court will side with them'
The victims of the massive Jakarta flood in 2002, with the help of a number of non-governmental organizations, filed a class action lawsuit against the President, the governor of Jakarta, and the West Java governor at the Central Jakarta District Court last year; but they lost the case. Now they have appealed to the High Court, hoping that it will rule in their favor. Will their hope be realized? The Jakarta Post talked to some residents about this issue.
Intan, 30, works for a private company in Central Jakarta. She resides in Ciledug with her husband:
I don't think the flood victims will win their appeal at the High Court.
I wonder how ordinary citizens can win if they are not well- organized? I mean to say that the plaintiffs are not unified in their stance, and they lack strong legal back-up.
Let's see the latest appointment of City Governor Sutiyoso. He was appointed, after all, despite massive opposition from the public. And what have the public been able to do to stop him?
So, I'm pessimistic that the flood victims would win their appeal. Besides, the president and the governors are very powerful people, who are hardly vulnerable to the rule of law.
Apparently, the government does not side with the people, since they are indifferent to the public's problems.
We have to acknowledge, in part, that the majority of the flood victims of the previous year are uneducated. They are not aware of their own rights, even in regards their lawsuit against the government. The low-income community tend to take their lives for granted regardless of the conditions they face.
It would be a waste of time and energy to appeal a lawsuit to the High Court, because the government will do nothing to overcome the annual flooding problem in the city. They have made no real effort at all!
Yupi, 31, is the principal of a private elementary school in West Jakarta. She resides in Cempaka Baru, Central Jakarta, with her husband:
If the flood victims win their class action appeal, perhaps the city administration would be willing to solve the problem of annual flooding in the city.
I wonder why the government has done nothing for a year to tackle the flood problems? Probably, they are so busy trying to secure their positions and the state budget, that they have no time to deal with the problems of the general public.
Worse still, the people are not really aware of their rights. Most of the low-income earners are uneducated, so they are prone to bickering and provoking conflict among themselves. But they're the ones who always suffer the greatest loss due to the uncontrollable floods.
Unfortunately, the rich bureaucrats and high-ranking officials are always untouchable; neither the law nor justice can touch them. So, I'm pessimistic about the case.
As for myself, I'm very sad and disappointed because the heavy downpour always floods my school. On Friday, we had to interrupt our school activities over and over again because of flooding.
I'd say the floods harm the educational interests of the students, who want to study harder, and they have limited options as their homes are also flooded.
The government should be aware of this reality and take appropriate action to solve these problems.
Sonni, is a teacher at a noted private school in Pulo Raya, South Jakarta. He lives in Cipulir with his wife:
I don't trust any legal institution or the legal process in the country, due to the corrupt officials that favor only rich people.
The flood victims will get nothing from their class action appeal.
Sutiyoso and Megawati are too powerful for such ordinary people. They are part of the new regime, who are only subject to the law of impunity.
Actually, the class action suit has a legal basis, because the government should have been able to prepare for the floods and their consequence, having been provided with regular forecasts and warnings from the Meteorology and Geophysics Agency.
On the other hand, city residents should realize that they live in flood-prone areas. But then again, the city has not given them any alternative solutions.
Well, I don't want to comment any more on the class action suit. I don't think their appeal to the higher court will amount to anything.
One last thing -- I think that the flood problems will make our students more stupid, as they have to take longer periods of time off school due to the annual floods. I'm sad, but resigned, when my students ask me whether they would get additional days off.
How can we, as a nation, cultivate a better-educated generation if we cannot even tackle the flood problem, I keep wondering.
-- Leo Wahyudi S.