ACTIVITIES - NEWS
Central govt to appeal water verdict
April 13, 2015
Following two private water companies, the central government has decided to file an appeal against a Central Jakarta District Court ruling that canceled the privatization of water in the capital city.
Central Jakarta District Court spokesman Bambang Kustopo said on Friday that besides
PT PAM Lyonnaise Jaya (Palyja) and PT Air Aetra Jakarta (Aetra), the President,
Vice President, finance minister and public works and public housing minister
had also filed an appeal.
“They filed the appeal sometime last week,” he said.
He said, however, that none of the plaintiffs had submitted an appeal
memorandum, a document required for the appeal. “They have 14 days [from last
week] to submit the legal memorandum,” he said.
Last month, judges at the Central Jakarta District Court ruled in favor of the
Coalition of Jakarta Residents Opposing Water Privatization (KMMSAJ), ordering
the annulment of a cooperation between city-owned PAM Jaya and the two private
water operators that began in 1997 and was set to expire in 2023. The lawsuit
was filed with the court in March 2013.
The plaintiffs were the President; Vice President; finance minister; public
works and public housing minister; Jakarta administration; City Council; and
city-owned water operator PAM Jaya, with the two private operators as codefendants.
In the verdict, presiding judge Iim Nurokhim said the cooperation was a form of
negligence in fulfilling residents’ right to water.
“The court has ordered the defendants to end the privatization of water in
Jakarta and return the operation of water distribution in Jakarta to PAM Jaya,
in accordance with Bylaw No. 13/1992 on city-owned water operators,” he said.
Attorney General’s Office (AGO) spokesman Tony Spontana confirmed that his
office had proposed an appeal against the ruling.
He said the lawyers were still completing the memorandum.
“The point is the Attorney General’s Office does not agree with some parts of
the panel of judges’ ruling,” he said.
KMMSAJ lawyer Arif Maulana expressed his disappointment about the central
government’s move to appeal.
“By filing an appeal, it means that [President Joko] Jokowi [Widodo’s]
administration has opposed the residents’ voice and denied the constitutional
order,” he said.
Arif said the coalition hoped that the central government instead helped the
city administration and PAM Jaya to end water privatization in Jakarta, which
has caused trillions of rupiah of state losses.
“The central government must admit that water privatization is a mistake from
the old government,” he said, adding that the appeal would benefit the private
water operators.
Separately, Jakarta Governor Basuki “Ahok” Tjahaja Purnama said that the city
administration and PAM Jaya would not file an appeal.
“We want to end water privatization as soon as possible. The appeal will
lengthen the process,” he said, adding that the appeal would also cost money.
Ahok said the verdict would benefit Jakarta residents if it could be
implemented directly. “However, if the legal process takes years, it will make
us suffer,” he said.
Ahok said the city administration’s plan to acquire the shares was also to
speed up the process. However, the acquisition cannot be executed because of the ongoing legal process.
Corry Elyda, The Jakarta Post, Jakarta | Headlines | Sat, April 11 2015, 9:36 AM
See more at: http://www.thejakartapost.com/news/2015/04/11/central-govt-appeal-water-verdict.html#sthash.m84mjEvi.dpuf
