Pengadilan tata usaha negara : Kasus penggusuran PTUN Kabulkan gugatan warga Bukit Duri (Kelompok 7)

Summary

The Bukit Duri community in Jakarta is embroiled in a legal battle with the DKI Jakarta Provincial Government over forced evictions to make way for the Ciliwung River widening project. Despite a prior agreement for revitalization rather than demolition, the government pursued relocation plans that were contested by residents. The Administrative Court ruled in favor of the residents, declaring the eviction orders unlawful and ordering fair compensation. The case highlights broader issues of land rights, human rights violations, and the need for fair compensation for affected communities.

Takeaways

• 😀 A community in Bukit Duri, Jakarta, is challenging the planned eviction and development project for the Kali Ciliwung riverbed.
• 😀 The residents argue that the local government violated an agreement made with then-Governor Jokowi, which promised no evictions but rather revitalization through a housing project.
• 😀 Bukit Duri residents demand clear compensation terms and reject relocation to the Rawa Bebek public housing, as it is insufficient to accommodate all displaced families.
• 😀 The area in question spans 1.7 hectares, housing around 384 households, with concerns over housing adequacy and rental costs at proposed new locations.
• 😀 Ciliwung Merdeka, a community group supporting Bukit Duri residents, advocates for monetary compensation instead of relocating families to new housing units, arguing that cash would allow residents to rebuild on their own terms.
• 😀 The local government has yet to confirm the locations for temporary housing or the completion of new housing units for displaced residents.
• 😀 A 2017 class-action lawsuit filed by 93 Bukit Duri residents was accepted by the Jakarta Administrative Court, ruling that the government violated legal and environmental guidelines during the eviction process.
• 😀 The court determined that the government did not follow the proper procedures for land acquisition and failed to provide sufficient compensation to residents whose land was taken.
• 😀 The court also ruled that the residents' land ownership was legitimate, as the land had been passed down through generations, and the government's action violated multiple laws, including environmental regulations.
• 😀 In conclusion, the government was ordered to provide fair compensation and cease further illegal eviction actions under the disputed regulations.

Q & A

What is the central issue in the Bukit Duri case?

The central issue in the Bukit Duri case is the planned eviction of residents by the DKI Jakarta provincial government for the purpose of expanding the Ciliwung River. Residents claim the government violated prior agreements and are demanding proper compensation for the loss of their homes and land.

What agreement was made between the Bukit Duri residents and the Jakarta government?

An agreement was made during the tenure of former Governor Joko Widodo (Jokowi), where it was promised that Bukit Duri residents would not be evicted but relocated to new housing in the form of 'kampung susun' (vertical villages). This agreement was reportedly violated under the leadership of Governor Basuki 'Ahok' Tjahaja Purnama.

How did the Bukit Duri residents respond to the eviction plans?

The Bukit Duri residents filed a lawsuit against the DKI Jakarta government, challenging the eviction plans and seeking the cancellation of eviction orders. They also demanded compensation for their homes and land, arguing that their rights were violated.

What was the key legal action taken by the Bukit Duri residents?

The residents filed a class-action lawsuit in 2017 against the government, arguing that the eviction orders and the way the land was taken were illegal. The Jakarta Administrative Court (PTUN) ruled in their favor, declaring the eviction orders unlawful and acknowledging the residents' property rights.

What was the outcome of the lawsuit filed by Bukit Duri residents?

In October 2017, the Jakarta Administrative Court ruled in favor of the Bukit Duri residents, declaring that the eviction orders issued by the government were illegal. The court also ruled that the land in question was owned by the residents and that the government must compensate them appropriately.

What were the legal grounds for the court's ruling?

The court's ruling was based on violations of Indonesian property laws and environmental regulations. Specifically, the court cited the Land Acquisition Law (No. 2 of 2012) and the Environmental Protection Law, stating that the government did not follow proper legal procedures and had no legal right to seize the land.

What did the court say about the ownership of the land in Bukit Duri?

The court affirmed that the land in Bukit Duri was owned by the residents, who had held it for generations. The court stated that this land was legally protected and that the government's actions were a violation of the residents' property rights.

Why did the residents reject relocation to the government's proposed housing?

The residents rejected relocation to the government's proposed housing at Rusunawa Rawa Bebek because they felt it could not accommodate all displaced families. Additionally, they found the rent and living conditions in the new housing to be unacceptable.

What alternative compensation did the Bukit Duri residents demand?

The residents demanded cash compensation, as they believed it would be easier for them to use the money to buy new homes or start businesses, rather than being relocated to government-provided housing.

What broader issue does the Bukit Duri case highlight in terms of urban development?

The Bukit Duri case highlights the issue of forced evictions in urban development, particularly in cities like Jakarta. The case underscores the conflict between government urban renewal projects and the rights of low-income communities who are often displaced without adequate compensation or alternatives.