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Indonesia: Jakarta Governor forcibly evicts and attacks thousands of Kampung Pulo residents
Asian Human Rights Commission Urgent Appeal - September 22, 2015
Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding the forced eviction and viscious attack on residents in Kampung Pulo, Jakarta, Indonesia, conducted by the Jakarta Governor, and supported by the police, the military, and the civil service police unit (Satpol PP). The Governor ignored due process of law and did not provide adequate compensation to victims and family of victims, in lieu of low-cost apartments (rusunawa). The residents have to pay the rental cost of the apartments while their property has been damaged and grabbed by the Jakarta government.
Case narrative:
On Thursday, 20 August 2015, the Jakarta Governor, Basuki Tjahaja Purnama (known as Ahok) conducted forced eviction and in the process attacked residents of Kampung Pulo, Jakarta. As a result, thirteen people got serious injured, 10 motorcycles were damaged, and twenty-seven residents were illegally arrest. Due to the government's insistence on conducting the forced eviction, residents burned down one of heavy equipment machines belonging to the government.AHRC-UAC-115-2015
Previously, in 2012, the Jakarta Governor had conducted peaceful dialogue with the residents, and one of the results of this was that the government expressed its commitment not to destroy the economic activities of the residents. Rather than conduct forced eviction, the government agreed to digging up the river without conducted force eviction.
However, in August 2015, without further dialogue and without consensus, the Jakarta Governor suddenly changed his decision to forcibly evict all residents living along the Ciliwung River Bank and move them to low-cost apartments (rusunawa) provided by the government.
The residents
of Kampung Pulo have been living in the area since 1930. Law No. 5 of 1960
on Basic Agrarian Principles (UU Pokok Agraria) guarantees that the government
must give land certificate to the residents who have lived in an area more
than 20 years. However, due to the difficulties of procedure, many of the
residents do not have the land certificate, even though they have paid
tax every year, electricity monthly, and also have identity cards, as well
as family cards issued by the Jakarta government.
Field investigation
conducted by the Commission for Disappearances and Victims of Violence
(KontraS), a prominent human rights organization based in Jakarta, Indonesia,
has provided several important facts related to this incident of forced
eviction.
It was the civil service police unit (Satpol PP) and military personnel who conducted violence during the eviction. They brought and used water cannons and fire-fighter trucks. As a result, thirteen people were wounded. The injured people were not only local residents of Kampung Pulo, but also people who were doing their normal activities near the conflict area. These included the employees of Hermina Hospital, students of Balimester Elementary School, and a pedestrian who was walking near the scene.
The police officers also conducted sweeping operation in the houses in Kampung Pulo. The police illegally arrested twenty-seven people who were accused as provocateurs of the clash, without considering the due process of law.
The Jakarta Governor, Basuki Tjahja Purnama, did not show willingness to compromise with the affected communities. Instead of reopening dialogue with the Kampung Pulo residents, the Jakarta Provincial government forced the relocation by deploying security forces in the conflict area, which led to clashes between the local residents and security forces.
The total population in Kampung Pulo affected by force eviction is three thousands eight hundreds and nine (3,809), of which 16% refuse to leave their lands and houses. A day before the forced eviction occurred, the residents decided to stay in their homes and ignored the process of relocation. This is because the rental fee of the relocated apartments is as much as 300,000 IDR ($USD 25) per month, and this sum is burdensome for most of the families.
Mr. Kamaludin, the head of community units (known as Rukun Warga/RW) has stated that most of the residents of Kampung Pulo are also afraid to move to the relocation area because they do not have a legal certificate of their land in Kampung Pulo. The legal certificate is needed if they demand compensation from the local government.
Additional information:
Brutal forced eviction remains a serious problem in Indonesia, despite the State having ratified the International Covenant on Economic, Social, and Cultural Rights. Such cases have not only occurred in Jakarta, but also in many provinces of Indonesia, not only in the big cities, but also even in the remote areas, such as mining and plantation areas. Ironically, Indonesia has yet to promulgate a law that specifically governs adequate compensation for land/property losers.
Furthermore, in order to support forces eviction on behalf of development and public interest, the Parliament has issued Law No. 2 of 2012 on Land Procurement for Public Facilities Construction. The law regulates that the entitled party is obliged to relinquish the land at the time of the land procurement for Public Interest, after the granting of compensation or based on a final and binding court decision.
Suggested action:
Please write to the authorities listed below, asking them to ensure that the forced eviction and brutal attack against Kampung Pulo residents is investigated fully under the standard of fair trial. The Jakarta Governor must provide adequate compensation for the victims and family of victims. Those responsible in the State apparatus for conducting this brutal attack must be held accountable without undue delay.
The AHRC is writing a separate letter to the UN Special Rapporteur on Adequate Housing as a Component of the Right to an Adequate Standard of Living, and on the Right to Non-Discrimination in this context.
To support this case, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-115-2015
Sample letter:
Dear ....................,
Indonesia: Jakarta Governor forcibly evicts and attacks thousands of Kampung Pulo residents
On Thursday, 20 August 2015, the Jakarta Governor, Basuki Tjahaja Purnama (known as Ahok) conducted forced eviction and in the process attacked residents of Kampung Pulo, Jakarta. As a result, thirteen people got serious injured, 10 motorcycles were damaged, and twenty-seven residents were illegally arrest. Due to the government's insistence on conducting the forced eviction, residents burned down one of heavy equipment machines belonging to the government.
Previously, in 2012, the Jakarta Governor had conducted peaceful dialogue with the residents, and one of the results of this was that the government expressed its commitment not to destroy the economic activities of the residents. Rather than conduct forced eviction, the government agreed to digging up the river without conducted force eviction.
However, in August 2015, without further dialogue and without consensus, the Jakarta Governor suddenly changed his decision to forcibly evict all residents living along the Ciliwung River Bank and move them to low-cost apartments (rusunawa) provided by the government.
The residents
of Kampung Pulo have been living in the area since 1930. Law No. 5 of 1960
on Basic Agrarian Principles (UU Pokok Agraria) guarantees that the government
must give land certificate to the residents who have lived in an area more
than 20 years. However, due to the difficulties of procedure, many of the
residents do not have the land certificate, even though they have paid
tax every year, electricity monthly, and also have identity cards, as well
as family cards issued by the Jakarta government.
Field investigation
conducted by the Commission for Disappearances and Victims of Violence
(KontraS), a prominent human rights organization based in Jakarta, Indonesia,
has provided several important facts related to this incident of forced
eviction.
It was the civil service police unit (Satpol PP) and military personnel who conducted violence during the eviction. They brought and used water cannons and fire-fighter trucks. As a result, thirteen people were wounded. The injured people were not only local residents of Kampung Pulo, but also people who were doing their normal activities near the conflict area. These included the employees of Hermina Hospital, students of Balimester Elementary School, and a pedestrian who was walking near the scene.
The police officers also conducted sweeping operation in the houses in Kampung Pulo. The police illegally arrested twenty-seven people who were accused as provocateurs of the clash, without considering the due process of law.
The Jakarta Governor, Basuki Tjahja Purnama, did not show willingness to compromise with the affected communities. Instead of reopening dialogue with the Kampung Pulo residents, the Jakarta Provincial government forced the relocation by deploying security forces in the conflict area, which led to clashes between the local residents and security forces.
The total population in Kampung Pulo affected by force eviction is three thousands eight hundreds and nine (3,809), of which 16% refuse to leave their lands and houses. A day before the forced eviction occurred, the residents decided to stay in their homes and ignored the process of relocation. This is because the rental fee of the relocated apartments is as much as 300,000 IDR ($USD 25) per month, and this sum is burdensome for most of the families.
Mr. Kamaludin, the head of community units (known as Rukun Warga/RW) has stated that most of the residents of Kampung Pulo are also afraid to move to the relocation area because they do not have a legal certificate of their land in Kampung Pulo. The legal certificate is needed if they demand compensation from the local government.
Therefore, I respectfully call upon the Indonesian government to ensure that the forced eviction and attack on Kampung Pulo residents is investigate fully under the standard of fair trial. The Jakarta Governor must provide adequate compensation to the victims and family of victims. Those who conducted the brutal attacked must be held accountable without undue delay.
Yours Sincerely,
...................
Please send your letters to:
1. Mr. Joko Widodo
President of
the Republic of Indonesia
Jl. Veteran No.
16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458
595
Fax: +62 21 3484
4759
E-mail: webmaster@setneg.go.id
2. Mr. Yasonna
Laoly
Minister of Law
and Human Rights
Jl. HR Rasuna
Said Kav. 6 -- 7
Kuningan, Jakarta
12940
INDONESIA
Tel: +62 21 525
3006, 525 3889
Fax: +62 21 525
3095
3. Dr. Mualimin
Abdi SH., MH
Director General
of Human Rights
Office of the
Director General of Human Rights
Jl. HR Rasuna
Said Kav. 6 -- 7
Kuningan, Jakarta
12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Badroedin
Haiti
Chief of National
Police
KAPOLRI
Jl. Trunojoyo
No. 3
Kebayoran Baru,
Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384
8537, 726 0306
Fax: +62 21 7220
669
E-mail: info@polri.go.id
5. Mr. Basuki
Tjahaja Purnama
Governor of Jakarta
Jalan Medan Merdeka
Selatan 8-9 Blok F Lt 1
Tel: +62 21 3822255
Fax: +62 21 3822255
email: dki@jakarta.go.i
d
Website: http://www.jakarta.go.id
6. Mr. Luhut Binsar
Panjaitan
Chairperson National
Police Commission
Jl. Tirtayasa
VII No. 20
Kebayoran Baru,
Jakarta Selatan
INDONESIA
Tel: +62 21 739
2315
Fax: +62 21 739
2352
E-mail: secretariat@kompolnas.go.id,
skm@kompolnas.go.id
7. Mr. Danang
Girindrawardana
Chairperson of
Ombudsman of Republic of Indonesia
Jl. HR. Rasuna
Said Kav. C-19 Kuningan (Gedung Pengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
8. Mr. Nur Kholis
Chairperson
National Human
Rights Commission
Jl. Latuharhary
No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392
5227-30
Fax: +62 21 392
5227
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals
Programme
Asian Human Rights
Commission (ua@ahrc.asia)
Source: Source: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-115-2015.
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