JAKARTA - The DKI Jakarta Provincial Government has not been able to revoke Governor Regulation Number 207 of 2016 concerning Control of the Utilization / Control of Land Without Rights.
Pergub penggusuran ini belum bisa dicabutkan karena surat permohonan fasilitas pencabutan pergub kepada Kementerian Dalam Negeri (Kemendagri) dikembali ke Pemprov DKI.
Acting Governor of DKI Jakarta Heru Budi Hartono admitted that his party would coordinate with the DKI Jakarta Legal Bureau, before following up on the problem.
"We'll see. I'll ask the Legal Bureau first, yes," Heru said when met in the Tanah Abang area, Central Jakarta, Friday, November 4.
Meanwhile, the Head of the DKI Jakarta Legal Bureau, Yayan Yuhanah, admitted that Pergub 207/2016 could not be revoked because the Ministry of Home Affairs had 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," said Yayan.
Therefore, Yayan continued, 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 penguuran paksa 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.
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