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No                   : /SK-KontraS /IX/2014
Subject           : The Police of Republic of Indonesia Conducted Unlawful Force Eviction against the Cipinang Baru Bundar Residents of East Jakarta City of Jakarta Province

 

To:
Ms. LeilaniFarha
Special Rapporteur on Adequate Housing
E-mail: urgent-action@ohchr.org
Fax: +41 22 917 90 06 
or Postal mail: OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland

Dear Excellency,

The Commission for The Disappeared and Victims of Violence (KontraS) has consent from the Association of Cipinang Baru Bundar Residents in East Jakarta City of Indonesia, to inform the Special Rapporteur on Adequate Housing regarding the forced eviction and intimidation occurred to the residents of Cipinang Baru Bundar by the Republic of Indonesia police.

Mostly, the residents of Cipinang Baru Bundar have retired from the police service since 1965, many of them are retired of police generals and some of them retired of middle ranks officer of police. They occupied the land through the land purchases from Mr. Lie Koen Hong who owned the customary land. After that, the residents built and renovated houses with their own money. Some of them were already passed away and the houses were given to their children while some other houses were sold to the other retired Generals.

The Police believes that the houses in Cipinang Baru Bundar are belong to the Police’s institution, nevertheless they could not clearly prove any single document concerning their ownership of the houses. The Indonesian Police only has a document, namely a Certificate of Occupancy [known in bahasa sertifikat hak pakai] of the Cipinang Housing whose address in Jalan Bekasi Timur No.86 Cipinang, which is different with the location of Cipinang Baru Residents in Pulo Gadung of East Jakarta City of Jakarta Province of Indonesia. Nevertheless, the Indonesian Police insisted that the housings are under their authorities and they have right to occupy them.

The housing rights of Cipinang Baru Bundar claimed by Indonesian Police and residents have a different legal basis. On the one hand, the Indonesian Police claimed based on the EigendomVerponding certified by the National Land Agency in 2004, on the other hand, the residents of Cipinang claims based upon the land purchase of the customary land owned by Mr. Lie Koen Hong.

Beside on the land conflict, the Indonesian Police has also committed several violations of human rights, inter alia;

First, The Indonesian Police also preclude the right of citizens to obtain land rights which has been occupied for 48 years with the elimination of assets through Ministry of Finance.

Second, The Indonesian Police threat the residents to leave the house. The police threat the residents by sending two letters, the first letter No. B./794/VII/2012/ issued by Chief of service to the residents on the instruction to leave the houses without any compensation, in addition the letter stated that the Police Headquarter plans to develop a Center of Disaster Victims Identification.  The letters were issued on 2 and 12 July 2012.

KontraS also obtained information from the residents that there are also threat and intimidation which committed by the Police:

  1. First, the Police committed violence acts in the form of the destruction of one of the resident houses;
  2.  Second, the intimidation several officers were came to the house to explain regarding the Police’s ownership on their land, after that intimidating the residents to leave the houses; immediately;
  3. Third, the Indonesian Police has hampered the legal standing and procedures of the residents of Cipinang Baru Bundar to obtain the certificate of land by ordered a blockade of land certificate to the National Land Agency [known BPN] of East Jakarta city of Jakarta Province;
  4. Fourth, on April 2014, the Chief of National Police established an Integrated Team for Controlling Land/Building and Houses owned by national police in Jakarta area.

We belive that the housing rights cannot be viewed in isolation from other human rights contained in the two International Covenants and other applicable international instruments. Article 17 of the ICCPR states”
No one shall be subjected to arbitrary or unlawful interference with his privacy, family, or correspondence, nor to unlawful attacks on his honour and reputation, and  everyone has the right to the protection of the law against such interference or attacks.
In addition, the International Covenant on Economic, Social and Cultural Rights and National Law No 11 of 2005 concerning Economic Social and Cultural Right, article 11 states:
Recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions". Related to these article, the forced eviction are prima facie incompatible with the requirements of the Covenant and national law.

Based upon the above - explanation, we believe this case shall be raised to the government of Indonesia. Therefore, we would like to respectfully request you to immediately take several measures as follow:

  1. Conducting official clarification to the government of Indonesia to mediate the conflicting party, namely the Indonesian Police, the National Land Agency and the residents of  Cipinang Baru Bundar.
  2. Urging the government of Indonesia to investigate the police officers who committed intimidation, houses destruction and terror to the residents, which clearly violates national and international human rights law .

Thank you for your consideration. We look forward to hear back from you.

Jakarta, 2nd October 2014

 

Haris Azhar
Executive Coordinator

Shall you have any question, please contact Ms. Rei Firdha Amalia through email rei.firdhaamalia@kontras.org or phone +621 3926983


General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 18 (2003).