DKI DPRD Warns of Criminal Risk Behind the Plan to Dismantle the Rasuna Said Monorail Pole

Vehicles pass through abandoned monorail pillars on Jalan H.R Rasunan Said, Jakarta. (ANTARA FOTO-Aprillio Akbar)

JAKARTA - The DKI Jakarta Provincial Government's (DKI Jakarta Provincial Government) plan to dismantle the monorail pole on Jalan HR Rasuna Said, Kuningan area, South Jakarta, has reaped a harsh warning from the legislature.

Member of the DKI DPRD Ali Lubis, asked that the policy be carried out very carefully and thoroughly reviewed from a legal perspective.

Ali assessed that the demolition of the monorail pole could potentially lead to criminal law issues to violations of the principles of state financial management, if it is carried out without a valid legal basis.

"The DKI Jakarta Provincial Government's plan to dismantle the monorail pole on the Rasuna Said Kuningan area of Jakarta in the near future must be careful and if necessary be thoroughly reviewed from the perspective of Law, because it has the potential to violate criminal law and the principles of state financial management," said Ali in his statement, Sunday, January 11.

According to Ali, the monorail pole in the area is not an asset owned by the DKI Jakarta Provincial Government. Until now, the asset is still legally owned by PT Adhi Karya.

"Because the monorail pole does not belong to the DKI Jakarta Provincial Government, even until now it is still the property of PT. ADHI KARYA which is legally valid based on the Court Decision no. 296/Pdt.G/2012/PN.JKT.SEL and Legal Opinion from State Lawyer No. B.354/G/Gph.1/08/2017," he said.

He emphasized that the court's decision is binding for all parties, including the local government. Therefore, unilateral action against assets that have been decided to belong to another party is considered unjustified.

"The court's decision is binding for all parties, including the provincial government. Therefore, there can be no unilateral action against assets that have been legally declared to belong to another party," said Ali.

Ali also reminded of the potential for criminal law violations if the demolition is carried out without the consent of the owner of the asset or a clear legal basis.

He referred to Article 521 of the New Criminal Code of 2023, which reads, "Anyone who unlawfully damages, destroys, renders unusable or removes goods that are the building or the whole of another person's property, shall be sentenced to imprisonment for a maximum of 2 years and 6 months".

Apart from criminal punishment, Ali highlighted the legal risks in the use of regional budgets. He assessed that the use of the APBD to dismantle assets that do not belong to the DKI Jakarta Provincial Government has the potential to violate state financial rules, especially since the budget prepared reached Rp. 100 billion.

According to him, the APBD funds can only be used for public interests directly related to assets owned by the local government. Therefore, the reason for the city's arrangement is considered not strong enough to ignore the legal aspect of ownership.

"Therefore, the Jakarta Provincial Government cannot make the excuse that the existence of the monorail pole is problematic from the urban planning aspect alone by ignoring the court's decision," he said.

Ali encouraged the DKI Jakarta Provincial Government to take steps to resolve in accordance with the principle of the rule of law. Coordination with PT Adhi Karya is considered a key before making further decisions.

"Finally, the Jakarta Provincial Government should continue to coordinate with PT Adhi Karya, and there are several options for resolution that can be taken such as through dialogue, compensation mechanisms, or legal channels, in accordance with the rule of law principle," he concluded.