December 7, 2011

Lapindo Disaster, Revoke Land Rights

Disaster of hot mud of Sidoarjo has meddled in the year of two, and still don’t get any sign of stopping. Many efforts have been made to stop the outpouring of the mud, but it still won’t work. The consequences are the victims excessively wide. Suffering in material and finance was being definite, and psychological suffer was the next consequences. It’s a common sense that disaster always left two painful suffer, material or financial suffer and psychological suffer. Material or financial suffer, definitely, the loss of wealth and property. While psychological suffer, deep trauma cause of disaster, like seeing the disaster or held negative effects cause of the disaster.
That is why, -seems everyone agree, the handling focus of disaster of hot mud of Sidoarjo has to be aim to: first, save the victims, both they have been a victims, either potential to become a victims. Second, make whatever efforts to stop the outpouring of the mud. Third, change the paradigm of conflict. The conflict should see between Lapindo Brantas and The Government.
I will not comment to second handling, because I don’t have any competencies. The first and the third handling focus that I will comment.
Up to this day, I feel that first handling focus didn’t implement effectively, and do not reflects the aspiration people of Sidoarjo. For example, to wind up the loss, the payment was just to cover material loss, not including the immaterial loss.
To accommodate the material and immaterial loss, the Government (in this case is President) should revoke the rights of the land, as ruled in Law Number 20 Year 1961 on Revocation of Land Rights (Law Number 20 Year 1961). I see that all the pre-requirement to apply the law has already fulfilled. Article 1 said that in necessity condition, the Government can revoke the land rights. Then, the necessity condition can be claim from general elucidation number 4 letter (c) point 5. Those elucidation stated, in the necessity condition, like was epidemic and disaster, therefore the Government revoke the land rights. It means that, the condition have been completed to implement the law.
The consequences of implementing this ordinance is that the individual or the group that having an interest has the burden to fulfill some stipulation as ruled in the article 2 paragraph (2), these are: first, arranging master plan of land use. Second, compile any information of name of person and the land. Third, make some relocation’s planning for the master of the land and the lessee.
Thus, material and financial loss can be covered by payment of the loss to the whole property and wealth. While immaterial loss can be cover by relocation’s planning. Point of action to this law is that the master of the land and the lessee must be guarantee that their life would not be miserable as they before the revocation of the land. Even, they have to be guarantee that their life is safer than before. Besides, if we look forward to article 2 paragraph (2) letter (c), we can conclude that relocation wasn’t for the master of the land only, it is also for the lessee. It means that we don’t have any reason to not implement Law Number 20 Year 1961.
At the third handling. Change the paradigm of conflict. This handling focus related to who will take the responsibility of the disaster. Lapindo Brantas or the Government? In the first, I already mentioned that main focus of handling disaster of hot mud of Sidoarjo was save the victims –better this is not be debated. That is why, settle up the payment and relocation to all victims, don’t care whose money will used first, Lapindo Brantas or the Government. Next, give the responsibility to Lapindo Brantas and the Government to prove that the mining activity was a mistake or it wasn’t. If there is a mistake, Lapindo Brantas must take all the responsibility of the disaster. While, if there wasn’t a mistake, it means that the outpouring of the mud was purely nature disaster. Then, the Government must take all the responsibility of the disaster.
Now, back to good intention of Lapindo Brantas and the Government. It’s been a long time for Sidoarjo bear suffer that should not belongs to them. It’s time to cooperate to resolve and give assist in helping to carry on the burden of Sidoarjo.
June 2008

No comments:

Post a Comment

Urgensi Yurisprudensi Putusan Sengketa Informasi dalam Membangun Kesatuan Hukum dan Konsistensi Putusan Sengketa Informasi, Sekaligus Mempercepat Penyelesaian Sengketa di Komisi Informasi

Unduh Artikel disini . 1. Pendahuluan Pasal 11 ayat (2) Undang-Undang No. 14 Tahun 2008 tentang Keterbukaan Informasi Publik (...