WTT’s struggle in the judiciary journey
Yogyakarta – Tuesday, May 26th, 2015, the residents of Kulon Progo united in the organization of Wahana Tri Tunggal (WTT) seemed enthusiastic. It was since the panels of judges in State Administrative Court (Pengadilan Tata Usaha Negara/ PTUN) of Yogyakarta led by Tri Haryanti, granted their appeal. WTT lettered a lawsuit toward the Decree of the Governor No. 68/KEP/2015 concerning the Location Permit (Ijin Penetapan Lokasi/ IPL) of the Airport, issued on March 31st, 2015. The Decree was considered a threat and might evict them out of their own agricultural land and settlement.
As it was presumed, due to the decision of State Administrative Court, the Governor of Special Regency of Yogyakarta took a legal measure to the cassation level in Supreme Court. For this case belongs to matters of “public interest”, referring to Law No. 2 of 2012 concerning Provision of Land for Construction in favor of Public Interest, the appeal might be directly proceeded to the cassation level in Supreme Court.
Through the decision no. 456 K/TUN/2015, the appeal of the Governor of Yogyakarta was granted by the Supreme Court on September 23rd, 2015. Nonetheless, WTT did not give up. WTT kept struggling in legal path by suing for Judicial Review. The Judicial Review was about to be registered on Monday, April 18th, 2016, in the State Administrative Court of Yogyakarta. Therefore, Wiji, one of the organizers in WTT, on Friday (4/15) then stated that the mass of WTT would go down to the office of State Administrative Court of Yogyakarta along with the Legal Aid Foundation (LBH) of Yogyakarta. This aims at seizing attention from panels of judges and the public of Yogyakarta extensively.
By referring to the Law No. 2 of 2012, article 7 point a, it is asserted that the term of public interest shall be administered based on Regional Spatial Layout Plan (Rencana Tata Ruang Wilayah/ RTRW). However, in this case, by reviewing the Regional Regulation of Yogyakarta No. 2 of 2010 concerning Regional Spatial Layout Plan of 2009-2029, any explanation about the construction of the new airport is completely absent. This confirms the existing ambiguity in the reference used by the Governor of Yogyakarta in the issue of the Decision for the airport’s location permit.
Due to this peculiarity within the decision of Supreme Court, Satrio, an activist from the Legal Aid Foundation of Yogyakarta, stated that two points would be put into motion in the Judicial Review, i.e.: the oversight committed by the judge at cassation level and the inappropriate implementation of law. According to him, the inappropriate implementation of law committed by the judge at cassation level can be found in the appendix of Regional Regulation of Yogyakarta No. 6/2013 on RPJMD 2012-2017 as the basic consideration for the decision. This drove the judge at cassation level to push aside the fundamental regulation of spatial layout. “It actually has been explained in the Regulation No. 15/2010, concerning the administration of spatial layout, that the plan of RPJMD shall not overlap and not to be placed higher than RTRW”, he said.
Satrio also added that the oversight committed by the other judges are obvious, i.e. ignoring the fact that the Location Permit had infringed the regulation of spatial layout. The situation gets worse for presence of several other facts, such as the issue of Location Permit of Kulon Progo Airport, which was not initiated by Environmental Quality Threshold and neglected the function of coastal areas in Kulon Progo as a geological conservation for the prevention of Tsunami.
Historical Sites Threatened of Extinction
Despite threatening agricultural area, economic resources, and the other socio-historical aspects, the airport realization plan would also terminate a number of cultural heritage sites.
According to Wiji, the map of the airport realization covers several important sites, which so far possesses a certain social function for the surrounding communities. One of which is the site of Gunung Lanang, also known as Astana Jingga. In his opinion, beside as a historical heritage site of Hindu culture, this site is also believed hereditarily by the surrounding communities to be a monitoring spot for Prince Diponegoro toward enemies during the struggle against Dutch army. This site, in certain occasions, such as at the night of Suro, is massively visited by the residents from various locations for “ngalap berkah” (asking for blessing).
Not so far away, there lies the grave of Mbah Drajat. Mbah Drajat is believed to be a holy figure by the people living along the shore. Based on the developing story, Mbah Drajat was one of the Diponegoro’s comrades-in-arms to stand against Dutch army. He was buried with his own horse after his fall in a combat. Every week, the local citizens frequently clean this locus. Otherwise, as the myth says, snakes would invade the local neighborhood. “However, the snakes don’t bite, they’re merely an omen, and in several occasions, many people pray together at the grave. What they beseech is that Mbah Drajat be given a magnificent place by the Almighty Creator”, stated Wiji.
Beside those two sites, there are still two other sites in danger of extinction, i.e. Glagah Stupa and Wisuda Panitisan Temple. For Wiji, the airport realization plan would be disastrous to the local communities. “For whose sake is this airport?!”, he ended.
Translated by Erda Kurniawan