Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the Jakarta Legal Aid (LBH Jakarta) regarding the forced eviction of local residents of Bukit Duri, Tebet sub-district, South Jakarta by local authorities. Mr. Aldo Felix Januardy, a public lawyer from LBH Jakarta, was brutally attacked while trying to negotiate with the civil service police unit (Satpol PP) and police officers. The local government continued with the eviction despite a pending lawsuit filed against the decision letter of the Jakarta government in the administration court.
CASE NARRATIVE:
On 3 December 2015, local residents of Bukit Duri received written announcement from the Jakarta government regarding the government’s plan to forcibly evict residents from their houses. The letter stated that the houses on the Ciliwung river bank will be demolished to deepen the Ciliwung river and mitigate floods.
The local residents would be relocated to apartments. Subsequently, without any information, in the next two weeks the residents received first warning letter to demolish their houses within seven days, continued by the second warning letter on 27 December 2015, and finally on 4 January 2016, the residents received a final letter to demolish their houses within 24 hours.
Living in Bukit Duri since before the independence of the Republic of Indonesia, the local residents submitted a lawsuit to the Jakarta administrative court against the Jakarta government with the case registration number 02/G/2016/PTUN-JKT, supported by the Jakarta Legal Aid.
The Jakarta government ignored the trial process in the administration court however, and on 12 January 2016 deployed hundreds of civil service police unit (Satpol PP) personnel, police officers and heavy equipment to demolish the residents’ houses. Before the forced eviction occurred, one of the public lawyers from Jakarta Legal Aid, Mr. Aldo, tried to negotiate and remind the government that the residents have submitted a lawsuit, and therefore the eviction should wait for the judgment of the administrative court. In response, the Satpol PP personnel brutally attacked Mr. Aldo, kicking and beating him. The authorities then proceeded to demolish the homes of 163 families, with 502 family members.
The local residents objected to be relocated in the apartment, because learning from the previous experience of relocation in Kampung Pulo, Jakarta, last year, the residents who are currently living in the apartment have to pay monthly renting apartment. Moreover, the new location of the apartment is also far away from the residents’ economic access, because mostly residents work in the informal economic sector such as street vendor, motorcycle taxi, etc. Thus, such circumstances have yet taken into consideration by the local government to be part of the solution.
ADDITIONAL INFORMATION:
Forced evictions on behalf of mitigating flood and poverty have been serious issues in Indonesia, especially in big cities like Jakarta. Jakarta Legal Aid documented that in the last one year, there were 30 cases of forced evictions and more than 87% had been forcibly evicted without any dialogue (persuasive approach). Moreover, the Legal Aid also noted that more than 50% of the forced eviction involved the military, such as the eviction of 3,809 Kampung Pulo residents in Jakarta. The AHRC has documented and reported this case through Urgent Appeal Case: AHRC-UAC-115-2015.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that an immediate investigation into this case is carried out.
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 the UN Special Rapporteur on the situation of human rights defenders, calling for their intervention into this matter.
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SAMPLE LETTER:
Dear ………………..,
INDONESIA: Local residents of Bukit Duri forcibly evicted and public lawyer attacked
Name of victim:
1. 502 local residents of Bukit Duri, Tebet sub-district, South Jakarta, Indonesia
2. Mr. Aldo Felix Januardy, a public lawyer at the Jakarta Legal Aid (LBH Jakarta)
Alleged perpetrators:
1. The Jakarta governor, Mr. Basuki Tjahaja Purnama (Ahok)
2. Civil Service Police Unit (Satpol PP)
3. The Police
Date of incident: 12 January 2016
Place of incident: Bukit Duri, Tebet Sub District, South Jakarta, Indonesia
I am writing to voice my deep concern regarding the forced eviction of local residents of Bukit Duri, Tebet sub-district, South Jakarta by local authorities. On 3 December 2015, the residents received written announcement from the Jakarta government regarding the government’s plan to forcibly evict residents from their houses. The letter stated that the houses on the Ciliwung river bank will be demolished to deepen the Ciliwung river and mitigate floods and the local residents would be relocated to apartments.
Living in Bukit Duri since before the independence of the Republic of Indonesia, the local residents submitted a lawsuit to the Jakarta administrative court against the Jakarta government with the case registration number 02/G/2016/PTUN-JKT, supported by the Jakarta Legal Aid.
The Jakarta government ignored the trial process in the administration court however, and on 12 January 2016 deployed hundreds of civil service police unit (Satpol PP) personnel, police officers and heavy equipment to demolish the residents’ houses. Before the forced eviction occurred, one of the public lawyers from Jakarta Legal Aid, Mr. Aldo, tried to negotiate and remind the government that the residents have submitted a lawsuit, and therefore the eviction should wait for the judgment of the administrative court. In response, the Satpol PP personnel brutally attacked Mr. Aldo, kicking and beating him. The authorities then proceeded to demolish the homes of 163 families, with 502 family members.
The issue of forced evictions is growing in Indonesia, and I respectfully call upon the President of Republic of Indonesia and the Minister of Interior to immediately look into the government’s policy on forced evictions. The government should in particular examine the policy in this case, and ensure that the trial process is followed and the authorities wait for the Court’s judgment.
The Jakarta governor has to be more persuasive, transparent and accountable in conducting relocation of victims of evictions, and the areas of relocation should further burden the victims.
I urge you to also investigate the brutal attack against Mr. Aldo and ensure the alleged perpetrators are held accountable
The Chief of Military should refuse any request involving military personnel to support forced evictions, as according to Law No. 34 of 2004 on the Military, the military’s main duty is to defend state sovereignty.
I look forward to your prompt action in this matter.
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: [email protected]
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: [email protected]
5. 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: [email protected], [email protected]
6. 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
7. General Gatot Nurmantyo
Chief of Indonesian Military
Mabes TNI Cilangkap Jakarta Timur
INDONESIA
Tel: +62 21 84595576, +62 21 8459-5326
Fax: + 62 21 84591193
Email: [email protected]
8. Mr. Mahfudz Siddiq
Chairperson of the Commission one of the House of Representative [DPR]
Gedung Nusantara II DPR RI, Lt I
Jalan Jenderal Gatot Subroto, Jakarta,
INDONESIA
Tel : +62 21 5715.520, +62 21 5715.518 581
Fax : +62 21 5715. 328 +62 21 571 5687
Email : [email protected]
9. 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: [email protected]
10. 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 : [email protected] d
www.jakarta.go.id
Thank you.
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