JAKARTA - The group of residents who are members of the People's Coalition Against Eviction (KRMP) regrets that there is no certainty regarding the revocation of Governor Regulation (Pergub) Number 207 of 2016 concerning Control of Land Use/Control without Entitled Permits.
Pergub 207/2016 was issued by Basuki Tjahaja Purnama alias Ahok while serving as Governor of DKI in 2016. Ahok often uses this regulation to carry out forced evictions. This Pergub is still used in the leadership of DKI Jakarta Governor Anies Baswedan.
In this case, the Head of the Legal Bureau of DKI Jakarta once said that the revocation of Pergub 207/2016 could not be carried out immediately because it had not been included in the program for establishing the governor's regulation (propempergub) in 2023.
However, the KRMP Representative and LBH Jakarta public attorney, Jihan Fauziah Hamdi, believes that Anies can immediately revoke the governor's regulation without including it in the governor's pro-pempergub.
"So it is clear that the statement from the Head of the Legal Bureau is legally refuted, because the Governor of DKI Jakarta, Anies Baswedan, basically has the legal authority to order the revocation of Pergub DKI 207/2016," Jihan said in his statement, Tuesday, August 9.
Anies' authority, explained Jihan, is contained in Governor Regulation Number 31 of 2021 concerning Procedures for Establishing Regional Legal Products. Article 11 Paragraph (1) stipulates that in certain circumstances, a draft governor regulation may be proposed outside the propemgub.
Furthermore, Jihan also regretted the statement by the Head of the DKI Legal Bureau, Yayan Yuhanah, who said that the revocation of Pergub 207/2016 could potentially be rejected by the Ministry of Home Affairs (Kemendagri) if it did not go through the propempergub process.
Jihan views that Yayan's statement is not in line with the principle of regional autonomy which is independent and free in regulating and managing affairs in the region.
"Even if it is seen in each stage or process, it is the Governor who makes the determination and signs the draft of the governor's regulation. Thus, the revocation of Pergub DKI 207/2016 is clearly within the authority of the Governor of DKI Jakarta, not depending on the Minister of Home Affairs," asserted Jihan.
Some time ago, a group of people on behalf of the KRMP came to the DKI Jakarta City Hall to collect Anies' promise to revoke Pergub 207/2016.
Because, 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 evicte residents' settlements.
The evictions that used the governor's regulation during Anies' leadership of DKI took place at Pancoran Buntu II, South Jakarta; Vegetable Garden, Ciracas, East Jakarta; Bukit Duri, Tebet, South Jakarta; and Sunter Agung, Tanjung Priok, North Jakarta
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