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etitioners slammed the government on Tuesday for using an outdated law that stipulates ultimate ownership of disputed land, which it continues to use to accelerate current regional development.

During a hearing at the Constitutional Court, the petitioners challenging the 1960 Evictions Law described the law as “irrelevant” and outlined its failure to protect citizens.

In the hearing, the second in the judicial review of the law, the court also heard statements from the government.

The applicants’ legal representative from the Jakarta Legal Aid Institution (LBH Jakarta), Matthew Michele Lenggo, said the 1960 law was drafted when the country was in a state of emergency but the law was no longer relevant to the current situation.

Responding to the argument, the government said the law was binding at any time, whether the country was in a state of emergency or not.

In addition, the government said the law was based on Article 33 of the 1945 Constitution that stipulates “the earth, water and natural resources contained in [the country] are controlled by the state and used for the optimal welfare of the people.”

The government stated that the article authorized the state to “regulate, manage and supervise” the motherland.

“[Through this article], the government is also given the authority to [...] regulate the legal relationship between the people with the earth, water and airspace,” said the government’s representative, Iing R. Sodikin, from the Agrarian and Spatial Planning Ministry during the court hearing.

The judicial review was filed on Sept. 27 by various parties, including human rights groups, scholars, urban planners and evictees, who have all condemned a series of evictions ordered by Jakarta Governor Basuki “Ahok” Tjahaja Purnama.

LBH Jakarta earlier said that the law was drafted when the government, amid social and political tumult, had to take extraordinary measures to control the country’s assets, even without the consent of rightful owners, to prevent social conflict.

“It might have been effective at that time, but now it is used by the city administration to claim land that is not owned by anyone, without a proper legal process and to kick out all the people who live on the land,” said LBH Jakarta lawyer Alldo Felix Januardy.

The city administration has been repeatedly criticized for its eviction policy, which, according to rights groups, has caused great harm to the evictees.

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 evictions were conducted without prior discussion with residents. (vny)