Tue, 12 Jul 1994

Supreme Court's ruling draws furious reactions

SEMARANG, Central Java (JP): The Supreme Court's ruling in favor of displaced farmers to make way for the controversial Kedungombo reservoir project has elicited furious reactions from local officials.

Central Java Governor Soewardi plans to ask the Supreme Court to review the decision while military commander Maj. Gen. Soeyono has openly questioned its originality.

The officials' frustration over the verdict came amid mounting calls from local legislators, activists and the public alike for the government to carry out the court ruling.

"I see leeway that I can use to make the Supreme Court review its decision," Soewardi told journalists here on Saturday.

The Supreme Court ruled that the government must pay Rp 50,000 (US$23) for each square meter of land to farmers in Kemusu village and another Rp 2 billion for "non-material" losses.

The World Bank-funded US$166 million multi-purpose reservoir project displaced thousands of farmers in a 6,700 hectare area in Boyolali regency in the late 1980s.

Many had refused the compensation package offered by the government because they considered it too small, and instead chose to resolve the ongoing conflict through legal means.

The farmers lost their legal battle at the local level and appealed to the Supreme Court in Jakarta.

The case covers an area of nine hectares. The court decided that the government must pay 34 farmers Rp 50,000 for each square meter of building area and another Rp 30,000 per square meter of agricultural land.

Soewardi said the property cost too much and described the Supreme Court's decision as "inappropriate." He added, "How can it set the price at Rp 50,000 for each square meter of building in the villages? Even in the city the cost isn't that high."

Maj. Gen. Soeyono suspected that the verdict might have been falsified. He said the fact that the governor had not received the official document by the first week of July further heightened his suspicions.

"This is strange ... it should be checked if the document is original," he said.

Chief Justice Purwoto Gandasubrata said in Jakarta last week that in the "spirit of the verdict" the government must treat the displaced farmers fairly.

Review

Lawyers from the Semarang chapter of the Legal Aid Institute (LBH) who represented the farmers in the legal battle said government officials have the right to ask the Supreme Court to review its verdict, but added that they should pay the compensation first.

Members of the provincial legislative council, who were quite pleased with the verdict, have called on the government to implement the ruling and take the verdict as a "lesson" in handling development projects.

Ismawan DS, a councilor from the ruling Golkar faction, said the government has no choice but to pay the compensation.

"I never imagined the people would win the legal wrangle because they lost every single court battle at the local level," said defendant Witorejo.

Meanwhile, Dr. Muladi, rector of the Semarang-based Diponegoro University and a member of the National Commission of Human Rights, said the government should respond "realistically" to the court ruling.

"Anyone who refuses to adhere to the court ruling is guilty of contempt of court," he said as quoted by the Antara news agency. (har/pan)