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Evictees, activists take 'Eviction Law' to Constitutional Court
Jakarta Post - September 28, 2016
The Jakarta Legal Aid Institute (LBH Jakarta) believes that most evictions have been carried out using a law that is no longer relevant to the current situation.
Along with residents who have been evicted by the city administration, the institute filed an application with the Constitutional Court on Tuesday for a judicial review of articles 2, 3, 4 and 6 of Law No. 51 Prp/1960 on the prohibition to use land without permission from the rightful owner or the owner's proxy.
LBH Jakarta stated that it considered that the law was issued when the government believed that the fight against corruption at that time had to be undertaken with a stronger approach and that valuables, including land, without any rightful owners could be seized by the government.
"It might have been effective at that time, but now it has been used by the city administration to claim land that was not owned by anyone without a proper legal process and kick out everyone who lived on the land," LBH Jakarta lawyer Alldo Felix Januardy told The Jakarta Post after he submitted the judicial review dossiers to the court.
The "Consideration" section of the law says that it was issued under the State of Emergency Law No. 74/1957, a law that was annulled in 1959 when the 1945 Constitution came back into effect.
Meanwhile, the disputed articles have given authority to regional administrations to evict people using or living on land that they do not own, even if the land is not owned by the state or regional administration.
Alldo said many evictions had been carried by the city administration by using this law as the legal basis, while he was certain that any residents living on land for a long time are entitled to apply for ownership to the National Land Agency (BPN).
According to Alldo, if residents are required to prove their right of ownership over the land, the administration should also show all documents that state it deserves to manage the land.
"But what happened now is this access for people to land ownership was made difficult by the BPN, while the city administration could claim the land anytime it wants," he continued.
The city administration has been repeatedly criticized for its eviction policy, which according to rights groups has caused great harm to the victims.
LBH Jakarta recorded that the administration carried out 113 clearances in 2015, with 8,315 families evicted and more than 6,283 businesses affected. It has also found that most of them were performed without any prior discussion with the residents.
Rojiyanto, 38, is one of hundreds of residents who saw their houses in Papanggo, North Jakarta, torn down by the city administration in 2008 to make way for the BMW Park project in Tanjung Priok. Prior to the clearance, he and other residents tried to apply for ownership over the land.
Have lived in the neighborhood since 1996, Rojiyanto thought he had a chance to claim the land legally, but the BPN decided otherwise. He is now also an applicant party of the judicial review.
"We even fought for our land all the way to the Supreme Court that [ended with a] tie, but unfortunately we have never won," he said. "Maybe it will be different this time."
Currently the administration has also planned to evict hundreds of residents from Bukit Duri, South Jakarta, saying that they do not have permits to live in the area.
Although the Central Jakarta District Court urged the administration to halt the evictions because of the residents' lawsuit, the city said it would continue with the plan.
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