Anies Is Considered To Be Able To Revoke Ahok's Artificial Purchase Governor Regulation Even Though The Ministry Of Home Affairs Does Not Agree

JAKARTA - Jakarta Legal Aid Institute (LBH) public lawyer Jihan Fauziah Hamdi assessed that DKI Governor Anies Baswedan could still revoke the rules for evictions made by Basuki Tjahaja Purnama alias Ahok even though they were not approved by the Ministry of Home Affairs (Kemendagri).

The rules referred to by Governor Regulation (Pergub) Number 207 of 2016 concerning Controlling the Utilization or Control of Land Without a Right. Ahok was formed and used since it was stipulated in 2016 to carry out evictions.

During his tenure, Anies still used the Pergub/27/2016. Anies admitted that the revocation of the governor's regulation must go through the Ministry of Home Affairs for the harmonization and facilitation process.

"From the stage for the Governor's Regulation process, the governor who made the determination signed the script. At the Minister of Home Affairs level it was only a facilitation process, but in the end he would return to the governor because it was also a governor's product," Jihan told VOI, Sunday, August 28.

If later the application for the revocation of the forced eviction governor's regulation is rejected by the Ministry of Home Affairs, Jihan, who is also a representative of the People's Coalition for Rejecting evictions (KRMP), said it violated regional autonomy principles. This is because local governments are free to regulate and take care of business in their area.

This is also reinforced by the decisions of the Constitutional Court Number 137 of 2015 and Number 56 of 2016 which confirms that the central government's overly large authority in the intervention of regional regulations has violated regional autonomy principles.

"We don't know, in the future the reason for being rejected by the Ministry of Home Affairs. In fact, it is clear that this is at the governor's level. From the regulations, it is clear how these stages are and the Ministry of Home Affairs is only equal in the facilitation process," he said.

Previously, DKI Jakarta Governor Anies Baswedan ensured that Pergub/27/2016 would be revoked. This is in response to the KRMP demands that have held several hearings to the DKI Provincial Government to collect Anies' promise to withdraw the evictions.

"(Pergub/27/2016) is in the process of being revoked. The revocation governor's regulation has been made, it has been processed," Anies said when met in the Cakung area, East Jakarta, Thursday, August 25.

However, Anies could not issue the revocation of the eviction governor's regulation unilaterally. This is because the DKI Provincial Government must seek approval from the Ministry of Home Affairs.

"Now, making a new governor's regulation must have approval for harmonization with the Ministry of Home Affairs," he added.

Thus, after the harmonization process of the draft governor's regulation on the revocation of evictions by the Ministry of Home Affairs was agreed, Anies was only able to revoke the regulations that had been in effect since 2016.

"It is currently in the process of harmonization with the Ministry of Home Affairs. Later, when it is finished, the number (Pergub) will be issued, announced," he said.

As is known, when Anies served as Governor of DKI in 2017 until now, the governor's regulation was still used by him to carry out forced evictions. In fact, this is not in accordance with Anies' narrative during the 2017 Pilkada campaign which did not want to overthrow residential areas.

The eviction using the governor's regulation when Anies led DKI occurred in East Jakarta; Vegetable Gardens, Ciracas, South Jakarta; Bukit Duri, Tebet and Pancoran Buntu II, North Jakarta; and Sunter Agung and Tanjung Priok.