Mon, 16 May 2005

'The key issue is negotiation'

The government has finally issued a regulation on land acquisition in an effort to speed up the construction of major infrastructure projects. However, many say that the new regulation sacrifices the rights of property owners whose land is needed for the projects. The Jakarta Post asked some Jakarta people for their thoughts on the issue.

Multaman, 29, works in a firm on Jl. Kebayoran Baru, South Jakarta. He lives in Karet subdistrict, Central Jakarta:

The issuance of the presidential decree on land acquisition will place the public in a very weak position as they can be forced to give up their land if the state wants to develop public facilities on it.

The decree says that the amount of compensation should be decided through negotiation. If the negotiations fail to produce an agreement, the dispute can be brought to the court.

The problem is that our judicial system is still poor. Critics say that bribery is still rampant in our law institutions -- the police, the prosecution service, and the courts.

Such a situation weakens the bargaining position of the public vis-a-vis the state, particularly for those who have no money to pay bribes or hire good lawyers.

This presidential decree would be good only if we already had a good legal system.

Rahma Hudayati, 35, is a public relations officer, whose office is on Jl. Rasuna Said, South Jakarta. She lives on Jl. Ciputat Raya, Pondok Pinang subdistrict, also in South Jakarta:

I myself agree with the presidential decree because a number of public projects will not be able to go ahead because of disputes over land acquisition.

I think the key issue in the decree is negotiation. People have the right to propose a price for their land to the local administration.

The people in those areas affected by infrastructure projects need to unite so as to increase their bargaining power. If necessary, they can pay lawyers to negotiate with the government if the issue is to be brought to court.

The problem is that our legal system is not yet credible. The strong and the rich can buy favorable court decisions.

I think the role of non-governmental organizations (NGOs) is important in advocating on behalf of people whose land is to be acquired. Particularly uneducated citizens. Without help from NGOs, they won't be able to defend their rights.

--The Jakarta Post