Indra Harsaputra and Ahmad Faisal, THE JAKARTA POST, SURABAYA | Mon, 04/20/2009 1:32 PM
Five residents of a plot in Putat Jaya Baru, Surabaya, have reported a businessman for allegedly allowing an urban warfare military exercise to take place in the area.
Accompanied by lawyer Burhan Hasibuan, the residents, led by Ahmad Barmawi, filed their complaint against Henry J. Gunawan, who is chairman of the Karya Surya Harapan Kesejahteraan foundation, at the East Java Police headquarters on Friday.
"Henry wrote a letter giving permission for the military exercises. We are worried," Abdul Latif, one of the residents, said, as quoted by Antara.
"We are being evicted *from the plot because of the exercise*."
Latif accused Henry of writing the letter allowing the military exercise due to a dispute between the residents and the foundation over a 45,550 square meter plot which is part of a Chinese graveyard managed by the foundation.
Earlier, Henry denied any relationship with the military exercise which started on April 10.
"We are glad that we can conduct prayers again without disruption. But the ritual prayers have nothing to do with the exercise."
Members of the foundation were seen conducting prayers in the graveyard, a rare event which has not been seen for years. The plot has been occupied by hundreds of families.
The residents have asked the National Land Agency not to renew the land use certificate owned by the foundation.
On one occasion, the exercise was postponed for a day after a resident was hit by a blank cartridge. Residents also complained that some officers pointed their rifles at them and damaged their houses.
About 150 residents have asked for legal assistance from the Surabaya Legal Aid Institute, protesting the military exercise conducted by the Brawijaya Military Command's Caraka Yudha 516th infantry battalion.
"The military command said that the exercise was conducted there after it got permission from the foundation. But the exercise endangers local residents," M. Syaiful Aris, the Institute's director, said.
Syaiful believed the military had violated International Humanitarian Law by conducting a military exercise on civilian land.
He revealed the Institute had sent a letter to Indonesian Military Chief Gen. Djoko Santoso, urging the military to stop the exercise.
Separately, legal expert I Wayan Titip of Airlangga University urged the National Commission on Human Rights (Komnas HAM) to investigate a possible human rights violation in relation to military exercises on civilian land.
"Whatever the reason, whether it was permitted or not by the landowner, conducting a military exercise on civilian land violates the 1949 Geneva Convention," Wayan told The Jakarta Post.
Komnas HAM member Syafruddin Ngulma Simeulue said the Commission had heard about the case, but could not make any decision as the Commission had not received a written report from the residents.
"We will visit the scene after we receive a report from the residents," Syafruddin said.
However, he lamented the fact the military had conducted the exercise on civilian land, causing fear and trauma among residents.
"Even though the exercise was conducted in an area disputed by the foundation and the residents."
He said the dispute should be settled through legal channels and not through military means.
