Emptying of Cijantung Retired Houses Violates Law and Human Rights, Immediately Issues Moratorium on Emptying Retired Houses

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On November 21st, 2019, the Kodam Jaya arbitrarily emptied the house belonging to a retired officer in the Cijantung Simple housing complex. This emptying action is the second time that has been carried out in the Cijantung area within a year.

Previously, in August 2019, houses were vacated in the Cijantung area. The arbitrarily emptying of the retired house in the Cijantung housing complex was made possible the only vacancy of the retired house that occurred in 2019.

Imparsial and the Retired Housing Advocacy Coalition noted that during 2019 alone, there have been four vacancies of retired homes in Jakarta.

We view that arbitrarily emptying houses belonging to retired officers in the Cijantung Simple housing complex is not the right action, this is because the residents of the Simple Cijantung housing have been living in their homes since the 1970s and the houses were built from deductions from their parents' salaries while on duty. become a member of the Indonesian Army.

Furthermore, the Kodam Jaya was also unable to show official documents of ownership of the land for the Cijantung Simple housing estate. We consider that the emptying of the pensioner's house in the Cijantung Simple housing estate is a violation of the law. The act of emptying the Simple Cijantung housing was carried out unilaterally without a court decision as stipulated in the Civil Procedure Code applicable in Indonesia.

In addition, Kodam Jaya was also unable to show a permit from the Army Chief of Staff, so it was suspected that he had violated the Army Chief of Staff's orders as stated in the Army Chief of Staff's Telegram Letter No. 199/2019 dated January 25, 2019, which in essence regulates the control of houses within the Indonesian Army by force, with the permission of the Army Chief of Staff.

The arbitrarily emptying of retired homes has actually violated human rights, especially the right to a place to live as mandated by Article 28H Paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Furthermore, Article 40 of Law Number 39 of 1999 concerning Human Rights states that everyone has the right to live and have a decent life.

The UN Human Rights Commission itself in its Resolution 1993/77 on Forced Evictions (forced evictions) stated that forced evictions were a violation of human rights, especially the right to adequate housing.

Employment acts that violate the law and human rights must be stopped immediately. The termination of the emptying action can be carried out by issuing a moratorium on all emptying actions throughout Indonesia until there is clarity on the status of land ownership from the authorized institution and or a court decision that is in kracht van gewijsde.

We therefore urge:
1. The Army Chief of Staff to immediately evaluate his staff who are suspected of not heeding ST KASAD No. 199 January 25, 2019 related to housing control within the Army.
2. The Commander of the Indonesian Armed Forces ordered the cessation of all disputes regarding the emptying of retired homes and immediately issued a moratorium on the emptying of retired homes throughout Indonesia.
3. The government immediately provides clarity on the legal ownership status of disputed land and buildings throughout Indonesia.

Jakarta, November 21st, 2019
Imparsial
Contact person:
081259668926 (Hussein)
081213340612 (Gufron)