Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding cases of forced evictions. They were conducted by the Indonesian Navy (Lantamal V TNI AL) against local residents in Jalan Tanjung Karang (East Part), Jalan Tanjung Balai (East Part), Jalan Tanjung Pinang (East Part), Jalan Tanjung Torawitan, Jalan Tanjung Layar, Jalan Tanjung Pura and Jalan Tanjung Pandan, Community Unit (RW) VIII, Perak Barat Village, Krembangan Sub-district, Surabaya, East Java Province. Up to 2018 there has been no solution and no compensation for the Communities. The majority of residents are widows and children. The Navy refused to uphold the Rule of Law and simply ignored evidence of house evictions. Seemingly, the Navy does not have credible authority to take over the houses. They used partial claims and coercive efforts to evict the residents.
CASE NARRATIVE:
According to information received by the AHRC, the community houses were developed during the Dutch colonialization (under the Dieust Van Scheepvaat Departemen Van Marine) in 1930. The houses were provided for local indigenous sailors in Surabaya, East Java.
Up until 2018, the residents were descendants of indigenous sailors recruited by Dutch colonials. So far, the residents have been occupying, controlling and maintaining the land and the houses. However, after the 1965 Massacre, the Government announced that all remaining houses of the Dutch (Van Marine) would be given to the Indonesian Navy.
In December 2009, the Indonesian Navy (Lantamal V TNI AL) forcibly evicted all residents in Jalan Tanjung Karang 1/9. On December 15, 2015 Navy personnel with 15 trucks, an ambulance and sniffer dogs forcibly removed all items and properties belonging to the residents. Shortly thereafter the Navy Military Police (Pomal Lantamal V) set up a Police Line which prohibited residents from entering their own homes. On August 23, 2016, based on a letter issued by the Department of Transportation, the Navy forcibly evicted residents in Jalan Tanjung Pinang 48. According to the residents, while forcibly evicting them, the Navy prominently displayed banners. And in order to put up the banners they intimidated and terrorized local residents by threats to block the road and the like.
Even today the Navy continues to carry out intimidation and terror tactics against the residents who remain. Navy personnel, without official letters of permission from their Commander, put stickers and paper notices on the walls of the houses. These notices were to warn the residents and put them on notice that their houses are under the control of the Navy.
The residents are in possession of an official letter issued by the Minister of Defense in 1984. The letter stated that the houses DO NOT belong to the Navy. Moreover, the Defense Minister’s letter is supported by the official letter issued by the Office of the Ministry of Finance (branch office of East Java province) in 1995. It stated that the houses can be removed and excluded from the State Property Inventory (IKN). In the past, the Chief of the Navy had issued an official letter in favour of the Minister of Defense and the Minister of Finance. However, the Navy Lantamal V TNI AL simply ignored the letter. They argued that letters issued in the past are no longer relevant today.
We also mention here the additional evidence that 23 houses located in RW 08, Perak Barat village, Krembangan sub-district, Surabaya, were removed from the list of the State Property Inventory. The 23 houses were previously occupied by Navy Personnel. They left the houses when the Government announced that the houses were excluded from the State Property Inventory.
SUGGESTED ACTION:
Please write to the Authorities listed below. Ask them to ensure that Navy personnel (Lantamal V TNI AL) comply with the Law and stop forced evictions of the residents. The housing and land dispute must be resolved under fair trial principles and respect for the Rule of Law. Any further coercive actions by the Navy must stop.
The AHRC is writing a separate letter to the UN Special Rapporteur on Adequate Housing as a Component of the Right to an Adequate Standard of Living, and on the Right to Non-Discrimination, calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Residents in Krembangan East Java forcibly evicted from their houses and then occupied by the Navy
Name of victims:
Residents in Jalan Tanjung Karang (East Part), Jalan Tanjung Balai (East Part), Jalan Tanjung Pinang (East Part), Jalan Tanjung Torawitan, Jalan Tanjung Layar, Jalan Tanjung Pura and Jalan Tanjung Pandan, Community Unit (RW) VIII, Perak Barat Village, Krembangan Sub-district, Surabaya, East Java Province
Names of alleged perpetrators: The Indonesian Navy (Lantamal V TNI AL)
Date of incidents: Between 2009 and 2018
Place of incident: Community Unit (RW) VIII, Perak Barat Village, Krembangan Sub-district, Surabaya, East Java Province
I am writing to voice my deep concern regarding cases of forced evictions. They were conducted by the Indonesian Navy (Lantamal V TNI AL) against local residents in Jalan Tanjung Karang (East Part), Jalan Tanjung Balai (East Part), Jalan Tanjung Pinang (East Part), Jalan Tanjung Torawitan, Jalan Tanjung Layar, Jalan Tanjung Pura and Jalan Tanjung Pandan, Community Unit (RW) VIII, Perak Barat Village, Krembangan Sub-district, Surabaya, East Java Province. Up to 2018 there has been no solution and no compensation for the Communities. The majority of residents are widows and children. The Navy refused to uphold the Rule of Law and simply ignored evidence of house evictions. Seemingly, the Navy does not have credible authority to take over the houses. They used partial claims and coercive efforts to evict the residents.
According to information received by the AHRC, the community houses were developed during the Dutch colonialization (under the Dieust Van Scheepvaat Departemen Van Marine) in 1930. The houses were provided for local indigenous sailors in Surabaya, East Java.
Up until 2018, the residents were descendants of indigenous sailors recruited by Dutch colonials. So far, the residents have been occupying, controlling and maintaining the land and the houses. However, after the 1965 Massacre, the Government announced that all remaining houses of the Dutch (Van Marine) would be given to the Indonesian Navy.
In December 2009, the Indonesian Navy (Lantamal V TNI AL) forcibly evicted all residents in Jalan Tanjung Karang 1/9. On December 15, 2015 Navy personnel with 15 trucks, an ambulance and sniffer dogs forcibly removed all items and properties belonging to the residents. Shortly thereafter the Navy Military Police (Pomal Lantamal V) set up a Police Line which prohibited residents from entering their own homes. On August 23, 2016, based on a letter issued by the Department of Transportation, the Navy forcibly evicted residents in Jalan Tanjung Pinang 48. According to the residents, while forcibly evicting them, the Navy prominently displayed banners. And in order to put up the banners they intimidated and terrorized local residents by threats to block the road and the like.
Even today the Navy continues to carry out intimidation and terror tactics against the residents who remain. Navy personnel, without official letters of permission from their Commander, put stickers and paper notices on the walls of the houses. These notices were to warn the residents and put them on notice that their houses are under the control of the Navy.
The residents are in possession of an official letter issued by the Minister of Defense in 1984. The letter stated that the houses DO NOT belong to the Navy. Moreover, the Defense Minister’s letter is supported by the official letter issued by the Office of the Ministry of Finance (branch office of East Java province) in 1995. It stated that the houses can be removed and excluded from the State Property Inventory (IKN). In the past, the Chief of the Navy had issued an official letter in favour of the Minister of Defense and the Minister of Finance. However, the Navy Lantamal V TNI AL simply ignored the letter. They argued that letters issued in the past are no longer relevant today.
We also mention here the additional evidence that 23 houses located in RW 08, Perak Barat village, Krembangan sub-district, Surabaya, were removed from the list of the State Property Inventory. The 23 houses were previously occupied by Navy Personnel. They left the houses when the Government announced that the houses were excluded from the State Property Inventory.
Therefore, I respectfully request you to ensure that Navy personnel (Lantamal V TNI AL) comply with the Law and stop the forced evictions of the residents. The housing and land dispute must be resolved under fair trial principles and respect for the Rule of Law. All further coercive actions by the Navy must be stopped.
I look forward to your prompt action in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id
2. Mr. Yasonna Laoly
Minister of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. Air Chief Marshal Hadi Tjahjanto
Chief of Indonesian Military
Mabes TNI Cilangkap Jakarta Timur
INDONESIA
Tel: +62 21 84595576, +62 21 8459-5326
Fax: + 62 21 84591193
Email: ppidtni@puspen.tni.mil.id
5. General Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
6. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
7. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
8. Mr. Mahfudz Siddiq
Chairperson of the Commission one of the House of Representative [DPR]
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Tel : +62 21 5715.520, +62 21 5715.518 / 581
Fax : +62 21 5715. 328 / +62 21 571 5687
Email: bag_pengaduan@dpr.go.id
9. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557
10. Mr. Ahmad Taufan Damanik
Chairperson of the National Commission on Human Rights (Komnas HAM)
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals Program
Asian Human Rights Commission (ua@ahrc.asia)
