Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding the forced eviction of Mrs. 
Christina Gurning (85) from her house in Jalan Kusumaatmadja No. 76 of Menteng Sub-District, DKI Jakarta Province, Indonesia. Christina is a widow of Mr. Timotius Markus Gurning, who is a national hero and retired Colonel of the Indonesian Army. He served as a military officer of the Army Strategic and Reserve Command, Kostrad, from 1966 to 1976 and fought for Indonesia’s independence. On March 18, 2015, Christina and her family were forcibly evicted from their home and their possessions taken in a military truck, despite a legal review pending regarding the ownership of the house and land.
CASE NARRATIVE:
According to the information received by the AHRC, Mr. Timotius Markus Gurning and his family have been living in their house since 1966. At that time, the Commander of Kostrad issued a Decree Letter on June 13, 1966, stating that the house in Jalan Kusumaatmaja No 76 of DKI Jakarta Province is eliminated from the property list of the Military Area of DKI Jakarta Province (Kodam JAYA). This clearly means that the house belongs to Timotius and his family.
When Timotius passed away in 1998, Kodam JAYA started claiming ownership of the house. Three letters were sent to Christina and her family to forcibly leave the house and hand it over to Kodam JAYA.
The threats from Kodam JAYA led Christina to file a report to the National Commission on Human Rights (Komnas HAM); however, Komnas HAM failed to prevent Kodam JAYA from continuing their claim over the house.
In 2011, Christina sued Kodam JAYA in the East Jakarta District Court, but the Court dismissed the case due to a lack of evidence. Christina then appealed at the high court, whereby the Court stated that Christina has a priority right to obtain a land certificate. Shortly thereafter, Kodam JAYA submitted a cassation to the Supreme Court and, in July 2014 the Supreme Court declared that Christina has no priority right to obtain a land certificate from the National Land Agency (BPN).
It is important to note that the Supreme Court judges did not take into consideration the following evidence submitted by Christina: a receipt of having purchased the land from the previous owner, expert testimony on land rights, and annual tax receipts paid by Christina.
After the July 14 verdict, Colonel Chk Nyoman Suparta, the head legal officer of Kodam JAYA brought a copy of the verdict to Christina and told her to pack her belongings and leave by March 16, 2015.
The Court verdict has no provision requiring Christina to leave the house, and nor does it mention anything about Kodam JAYA’s priority right to register her house as army property. The AHRC believes that Kodam JAYA has subjectively interpreted the verdict and misused it to forcibly evict Christina. Furthermore, the verdict was not delivered to Christina until a year later, when she was forcibly evicted from her home.
On 10 March 2015, Christina and her family filed a report to the Judicial Commission (KY) and requested the Commission to review the Supreme Court verdict together with allegations of unfair trial as the judges ignored all the evidence submitted by Christina. The Commission however, took little action on the matter.
Christina then filed a final review (PK) to the Supreme Court on March 15, the highest law procedure in Indonesia. According to Law No 8 of 1981 on the Indonesia Law of Criminal Procedure (KUHAP), a verdict can be executed only after the final review is passed. In Christina’s case however, while the PK is still being processed, she and her family were forcibly evicted from their home on March 18. At around 5am that morning, approximately 198 military officers from Kodam JAYA, supported by the police officers of Menteng Police Sector, forcibly entered the house, intimidating Christina and her family and damaging their belongings. Later, all their belongings were taken away in military trucks.
ADDITIONAL INFORMATION:
The AHRC believes the forced eviction against Christina and her family is in violation of human rights principles and values as stated in article 11 of the Economic, Social and Cultural Rights, related to adequate housing. The state has clearly failed in this case to provide protection against forced eviction and the arbitrary destruction and demolition of one’s home.
According to Law No 5 of 1960 on the Basic Agrarian Principle, and the Government Regulation No 24 of 1997 on Land Registration, every Indonesian who consistently occupies the land for more than 20 years, must get priority rights to register the land.
SUGGESTED ACTION:
Please write to the listed authorities below, asking them to ensure that the forced eviction and unfair trial against Christina and her family is investigated, and Kodam JAYA are made to provide adequate remedies.
The AHRC is writing separately 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 in this context, and the UN Special Rapporteur on the independence of judges and lawyers.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: National hero’s widow forcibly evicted from home by army, while legal review is pending
Name of victim: Mrs. Christina Gurning (85)
Names of alleged perpetrators: Military Officers of Kodam JAYA, Police Officers of Menteng Police Sector
Date of incident: March 18, 2015
Place of incident: The house of Mrs. Christina Gurning
I am writing to express concern, and further request your prompt intervention in the case of forced eviction and unfair trial of Christina and her family.
Christina is a widow of Mr. Timotius Markus Gurning, who is a national hero and retired Colonel of the Indonesian Army, serving as a military officer of the Army Strategic and Reserve Command, Kostrad, from 1966 to 1976.
According to the information received, Mr. Timotius Markus Gurning and his family have been living in their house since 1966. At that time, the Commander of Kostrad issued a Decree Letter stating that his house is eliminated from the property list of the Military Area of DKI Jakarta Province (Kodam JAYA). This clearly means that the house belongs to Timotius and his family.
When Timotius passed away in 1998, Kodam JAYA started claiming ownership of the house. Three letters were sent to Christina and her family to forcibly leave the house and hand it over to Kodam JAYA.
I have learnt that the threats from Kodam JAYA led Christina to file a report to the National Commission on Human Rights (Komnas HAM); however, Komnas HAM failed to prevent Kodam JAYA from continuing their claim over the house.
In 2011, Christina then sued Kodam JAYA in the East Jakarta District Court, but the Court dismissed the case due to a lack of evidence. Christina then appealed at the high court, whereby the Court stated that Christina has a priority right to obtain a land certificate. Shortly thereafter, Kodam JAYA submitted a cassation to the Supreme Court and, in July 2014 the Supreme Court declared that Christina has no priority right to obtain a land certificate from the National Land Agency (BPN).
I was concerned to learn that the Supreme Court judges did not take into consideration the following evidence submitted by Christina: a receipt of having purchased the land from the previous owner, expert testimony on land rights, and annual tax receipts paid by Christina.
After the July 14 verdict, Colonel Chk Nyoman Suparta, the head legal officer of Kodam JAYA brought a copy of the verdict to Christina and told her to pack her belongings and leave by March 16, 2015. However, the Court verdict has no provision requiring Christina to leave the house, and nor does it mention anything about Kodam JAYA’s priority right to register her house as army property. It is thus believed that Kodam JAYA has subjectively interpreted the verdict and misused it to forcibly evict Christina.
Finally, Christina filed a final review (PK) to the Supreme Court on March 15, the highest law procedure in Indonesia. According to Law No 8 of 1981 on the Indonesia Law of Criminal Procedure (KUHAP), a verdict can be executed only after the final review is passed. In Christina’s case however, while the PK is still being processed, she and her family were forcibly evicted from their home on March 18. At around 5am that morning, approximately 198 military officers from Kodam JAYA, supported by the police officers of Menteng Police Sector, forcibly entered the house, intimidating Christina and her family and damaging their belongings. Later, all their belongings were taken away in military trucks.
I therefore request you to ensure an effective investigation into the case of forced eviction and unfair trial, faced by Christina and her family, and ensure that the Indonesian Government and Kodam JAYA in particular, provide adequate remedies to Christina and her family. I also urge you to ensure the Judicial Commission reviews the Supreme Court verdict and allegations of unfair trial, as petitioned by Christina.
I look forward to your immediate attention 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. Mrs. Harkristuti Harkrisnowo
General Director of Human Rights
Ministry 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. Major General Agus Sutomo
Jalan Mayjen Sutoyo No. 5 Clilitan Jakarta Timur
INDONESIA
Tel: +62 21 8093100, +62 21 8090303
Email: kodam-jaya.mil.id
4. Commissioner General Badroedin Haiti
Deputy National Police Chief
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Mr. Nur Kholis
Chairperson of the National Human Rights Commission
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
6. General Moeldoko
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
7. Mr. Suparman Marzuki
Chairperson of The Judicial Commission
Jalan Kramat Raya No. 57 Jakarta Pusat
INDONESIA
Tel: +62 21 3905876
Fax: +62 21 3906215
Email: pengaduan@komisiyudisial.go.id
8. Mr. Danang Girindrawardana
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (Gedung Pengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
