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Evicted residents challenge 1960 eviction law
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Rachman, 27, lives alone in his shack in Pejagalan, Jakarta, in August. He has lived in the area since since 2007. He sent his wife back to his hometown in Sumatra after the eviction. (JP/Seto Wardhana)
P
eople evicted from Papanggo, North Jakarta, and Duri Kepa, West Jakarta, filed a judicial review at the Constitutional Court on Tuesday asking the court to amend a law issued in 1960 that is frequently used to facilitate evictions.
The process is often unfair for residents because the Jakarta administration is not required to proof ownership of land, while the residents have to provide evidence of their ownership, said Jakarta Legal Aid Institution (LBH Jakarta) lawyer Alldo Fellix Januardy in Jakarta on Tuesday.
He referred to Law No. 51/1960 concerning the prohibition of the use of land without permission from the entitled or proxies.
“We believe that Law No. 51/1960 is unfair as it enables the Jakarta administration to carry out forceful evictions and with the assistance of unauthorized parties like military personnel,” Alldo said, while accompanying the residents at the court.
If the residents are required to show their right of ownership over the land, the administration should also show all documents that state they deserve to manage the land, said Alldo.
“If judges grant our review, the administration will be required to prove its land ownership rights before the court,” Alldo said, adding that the Pasar Ikan and Budi Darma evictees in North Jakarta would join the judicial review as interested parties.
The law is no longer relevant because it was made during a period of unrest during the 1960s, Alldo said. (bbn)
