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`Residents doubt court will side with them'

| Source: JP

`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.

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