Student Assignment Agrarian Law - Lecturer Ricco Survival Yubaidi (20).pdf

1. Land Acquisition in
Pluit Reservoir
Normalization Project
MUHAMMAD FIRLIAN AFGHAN GIBRAND - 20410603

2. Topics
1 Introduction
2 Discussion
3 Conclusion
4 References

3. Pluit Reservoir is one of the human-made reservoirs to control water and has
considerable benefits for the lives of the surrounding community located in Jakarta.
Pluit Reservoir functions to collect water during the rainy season, prevent flooding, and
drain it into the sea. This reservoir was built in the Dutch Colonial era and needs to be
expanded due to current conditions such as illegal settlements, garbage, and covered
with water hyacinth plants and waste.
There are a lot of obstacles to the normalization process of the Pluit Reservoir due to
the presence of illegal settlements in the connecting body and on the banks of the
reservoir. The enforcement by the Provincial Governmnet of DKI on illegal residential
buildings is still difficult to do, cause of a large accumulation of garbage.

4. The Problems
Pluit reservoir conditions are very worrying and less than optimal due to sedimentation
and the occupation of the reservoir area for settlement, the reservoir capacity is
drastically reduced. Because of the importance of this reservoir to control floods in
Jakarta, the Provincial Government doing some efforts to make it better like the land
acquisition of the building around there. But thousands of people around there rejected
relocation and asked the protection from Komisi Hak Asasi Manusia.

5. The presence of thousands of illegal settlements in areas that should become water
catchments has had very fatal consequences and resulted in the city of Jakarta having to
struggle with floods every year. However, the land issue in Jakarta is a complicated
problem due to the limited number of areas/land and the large/dense population. The way
out is by taking rights to land. Land acquisition by the state in the development process
for the public interest is what is called land acquisition for the implementation of land in
the public interest. using relinquishment or surrender of land rights or by way of buying
and selling, exchanging, or in other ways mutually agreed upon.
The dilemma faced by the DKI Jakarta Provincial Government in carrying out its
responsibility for providing public facilities for its people is with various unwanted
excesses, such as the forced eviction of some residents.
Discussion

6. Juridically the recognition and protection of individual property rights on an object including
land has been regulated in Article 36 of Law no. 39 of 1999 concerning Human Rights which
reads: (1). everyone has the right to own property, either alone or together with others for the
development of himself, the nation, and society in a way that does not violate the law; (2) no
one may be deprived of his property arbitrarily and against the law,; (3) property rights have a
social function. Human rights are basic rights that are naturally inherent in humans and are
universal because they must be protected, respected, and should not be ignored, or taken
away by anyone.
The key issues of land eviction that are unavoidable for land acquisition are the implementation
of socialization, involvement of residents in decision making, guaranteeing the relocation
program to provide options, and appropriate compensation that ensures victims are not
harmed and become poorer.
In the case of the normalization of the Pluit Reservoir, the acquisition of private land for the
public interest always creates a polemic because on the one hand the state guarantees
individual legal ownership of the land, on the other hand, the exercise of state power (the DKI
Provincial Government) is obliged to carry out the infrastructure development agenda to save
Jakarta from the dangers of flooding.

7. Agrarian Law
Perspective

8. Weak supervision of green land and reservoirs is a problem that takes time and energy to be
resolved by the DKI Jakarta Provincial Government. The government should always pay attention
and take care to keep the land (considered state-owned land) from being used by certain citizens
or Companies. The negligence of the DKI Jakarta Provincial Government has caused the land
around the Pluit Reservoir area to be controlled and utilized by irresponsible parties.
The DKI Jakarta Provincial Government intends to realize the Pluit Reservoir normalization project.
but this is not easy to implement because some of the thousands of residents who occupy the
reservoir area refuse to move. Also, many landowners are asking for compensation which is quite
fantastic value. Residents even asked for protection from the National Human Rights Commission
(Komnas HAM)
The DKI Jakarta Provincial Government has not committed any human rights violations.
Historically, both legal and usable, Pluit Reservoir has been owned by the state for flood control in
Jakarta since its construction. As is well known, the Pluit Reservoir area is state land, but now that
the residents feel that they have occupied the area for decades, they make a unilateral claim by
asking for compensation, which is a fantastic amount.

9. Residents who live in Pluit Reservoir must indeed be relocated, a suitable place is
provided by the provincial government. Although the Pluit Reservoir area is state-owned
land and residents are not entitled to occupy it, in the case of land acquisition for the
Pluit Reservoir, the Regional Government has good intentions by providing relocation to
an apartment that is much more habitable for the eviction victims.

10. The function of Pluit Reservoir must be restored to become a water catchment area in
Jakarta. The community needs to support the humane steps of the DKI Jakarta Provincial
Government by not just evicting them but relocating them to flats.
The implementation of land acquisition for the construction of the Pluit Reservoir
normalization project in North Jakarta is generally in accordance with Presidential Regulation
Number 36 of 2005 and its amendment to Presidential Regulation Number 65 of 2006
concerning Land Procurement. The Provincial Government of DKI Jakarta has not violated
human rights (HAM) against residents of the Pluit Reservoir area in carrying out land
acquisition illegally controlled by residents of the Pluit Reservoir area because it is in
accordance with regulations and laws.
Conclusion

11. Thanks!