0 Eviction in land dispute postponed following dialogue

The petitioner in a lawsuit over a disputed 94-are plot in Serangan subdistrict, Denpasar, has agreed to give another three months for the occupiers to leave the area before evicting them by force if necessary. The Denpasar Court had ruled that the site should be vacated by Thursday, but police — along with Bali Legislative Council members and local leaders — held talks with both parties to negotiate a postponement. 

The court had favored Maisarah — the petitioner — as she had proven to the judges of that she was the owner of the deeds to the land. The land is currently occupied by at least 36 Muslim families of Bugis ethnicity from South Sulawesi, hence its local name Kampung Bugis (Bugis village). Rizal Akbar Maya Putra, the lawyer who represented the residents, gave an assurance that every family would leave by the end of the third month, but that they would refuse compensation from the petitioner. 

“Residents have agreed to reject the Rp 50 million [US$4,285] compensation offered by the petitioner. We will keep fighting,” he told journalists on Thursday. During the three months, Rizal said his side would file for a case review to the Supreme Court and present new evidence. “We will file for a review as soon as possible. We have new evidence that the deeds the petitioner possesses relate to another plot of land,” he said. 

The 2009 Supreme Court Law stipulates that a case review is permitted if the losing party can present substantive new evidence. Pemecutan Palace heir, Ida Cokorda Pemecutan XI, who was involved in the mediation, called on the residents not to allow themselves to be provoked by irresponsible parties. “I have spoken with authorities and the parties to the dispute. I’m not taking any sides, I just want to avoid any trouble,” said the palace heir. 

Also involved the mediation was Denpasar Police chief Sr. Comr. Djoko Hariutomo, Denpasar Military Commander Col. Anton Nugroho and Bali Legislative Council deputy speaker Wayan Suandi. Denpasar Police spokesman Adj. Comr. IB Sarjana told Bali Daily that a joint team of 875 personnel had been deployed, comprising police officers, soldiers and Public Order Agency (Satpol PP). 

The team was on standby on Thursday to safeguard the planned execution. Several water cannon and bulldozers were also prepared at the location to demolish the houses. Djoko, who led the dialogue, acknowledged that the law must be enforced, but said the postponement gained by the mediation was a “win-win” solution achieved on the basis of humanitarian concerns. 

One of the demolition team members from Denpasar Court, I Nyoman Suardana, said he respected the decision to postpone the eviction. “We welcome the respondent’s decision to file a review. But we will enforce the ruling if nothing changes in three months.” The residents believe that the land was an inheritance dating back hundreds of years. They claimed that it was gifted by the Pemecutan Palace to Bugis sailors who came to trade on the island in the 1600s. 

However, the court ruled that Maisarah had produced evidence that the land had been sold to her as she possessed the title deeds despite the residents claim that their families had never sold the land to anyone.

source : bali daily