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Basuki, Public Lawyers Bicker Over Military Involvement in Evictions

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Warga mengais sisa-sisa besi di antara bangunan yang dirobohkan di kawasan Kalijodo, Jakarta, Selasa (1/3). Selain warga, sejumlah pemulung masuk ke Kalijodo, Jakarta Utara, untuk mencari besi bekas dan perabotan yang masih berharga meski proses pembongkaran kawasan hiburan malam ini tengah berlangsung. ANTARA FOTO/Yudhi Mahatma/ama/16
Warga mengais sisa-sisa besi di antara bangunan yang dirobohkan di kawasan Kalijodo, Jakarta, Selasa (1/3). Selain warga, sejumlah pemulung masuk ke Kalijodo, Jakarta Utara, untuk mencari besi bekas dan perabotan yang masih berharga meski proses pembongkaran kawasan hiburan malam ini tengah berlangsung. ANTARA FOTO/Yudhi Mahatma/ama/16

Jakarta. Governor Basuki Tjahaja Purnama on Wednesday (11/05) defended the involvement of soldiers in Jakarta’s urban poor evictions, a move public lawyers have deemed illegal and has been questioned by lawmakers.

The Indonesian Military (TNI) assisted in 65 of the 113 forced evictions in Jakarta last year, data from the Jakarta Legal Aid Institute (LBH Jakarta) — a watchdog that gives free legal help to the public — showed.

But Basuki was unfazed, saying the soldiers were merely to accompany Public Order Agency (Satpol PP) officers, who remained at the forefront of the eviction operations.

“By law, Satpol PP can request assistance from the National Police, which in turn requested accompaniment from the TNI,” Basuki said.

But LBH lawyer Alldo Fellix Januardy said the governor’s statements were legally “baseless.”

“The Jakarta administration should thoroughly read the laws on the TNI and the management of social conflicts,” Alldo said.

The involvement of TNI officers is not regulated under the 2004 Law on TNI, which stipulates the primary task of the military is to uphold the country’s sovereignty and maintain its territorial integrity.

The 2012 law on the management of social conflicts authorizes provincial administrations to use the military to enforce their policies. Lawmakers must first obtain permission from the president, who in turn must consult with House of Representatives lawmakers, before soldiers can be deployed.

But evictions do not meet the criteria of what constitutes a social conflict and so the involvement of soldiers is unlawful, Alldo said.

Basuki said with their deployment, officers and soldiers could also be witnesses if clashes occur during evictions, helping with the legal process.

“Could not be justified whatsoever as they have violated the laws in the first place,” Alldo said.

The governor’s defense comes a week after LBH issued a written reprimand to TNI chief Gen. Gatot Nurmantyo.

The move was followed by an announcement from the House Commission I, which deals with defense, of plans to summons Basuki — a call the governor said he would ignore.

Basuki has maintained a tough eviction policy since taking office late 2014 in an effort to manage the sprawling capital with over 10 million residents.

One of the much publicized evictions was that of residents in the Kalijodo red-light district in North and West Jakarta in February, when around 3,000 policemen and soldiers were deployed.

Source : http://jakartaglobe.beritasatu.com/news/basuki-public-lawyers-bicker-military-involvement-evictions/

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