The Governor Regulation For The Ahok Era Has Not Been Revoked, The DKI Provincial Government Has Prepared Substitute Regulations

Illustration of settlements in Jakarta (Photo by Afif Ramdhasuma on Unsplash)

JAKARTA - The Head of DKI Legal Bureau, Yayan Yuhanah, acknowledged that Governor Regulation Number 207 of 2016 concerning Control of the Utilization / Control of Land Without Rights cannot be revoked.

Yayan explained the reason because the Ministry of Home Affairs (Kemendagri) has not yet allowed it. Because, if the 207/2016 governor's regulation is revoked at this time, there will be a legal vacuum.

"The results of facilitation of Pergub 207 from the Ministry of Home Affairs, so that there is no legal vacuum, for now it cannot be revoked first, it is not permitted," Yayan told reporters, Thursday, November 3.

Therefore, the DKI Provincial Government will issue a replacement rule that can fill the legal vacuum when the 207/2016 Pergub is officially revoked later.

Yayan has not been able to confirm the form of the regulations to be made. It could be that DKI will issue a new governor's regulation to ensure that the 207/2016 governor's regulation is no longer used, or include the clause in the existing regional regulation (perda).

"So, it cannot be revoked until there is a replacement regulation. Will we later enter the regional regulation on changes to public order, or will we make a separate governorship related to public order," said Yayan.

Pergub ini mendapat penolakan dari sejumlah masyarakat karena kerap digunakan untuk melakukan penggusuran sejak era Basuki Tjahaja Purnama (Ahok) sampai Anies Baswedan saat menjabat Gubernur DKI.

After being pressed many times, the DKI Provincial Government has also tried to revoke the governor's regulation. Before Anies' term ended a few months ago, Pergub 207/2016 was brought to the Ministry of Home Affairs to be facilitated regarding the revocation. However, the latest development, the governor's regulation was returned.

Head of the Ministry of Home Affairs Information Center (Kapuspen) Benny Irwan said that the refund of the request for the revocation of the governor's regulation had been submitted since October 14, 2022.

"That's right, it was handed back to the DKI Regional Government. It is necessary to conduct a study first as a basis for preparing the replacement rules," explained Benny.

"The main concern is the substance of the regulation, namely the control, use, or control of land without the right permission. There needs to be rules that regulate this," he continued.