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Penuhi Harapan Warga Korban Gusuran Bukit Duri, Gubernur Anies tak Ajukan Banding

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Penuhi Harapan Warga Korban Gusuran Bukit Duri, Gubernur Anies tak Ajukan Banding

Berita Islam 24H - [Kamis, 26/10/2007]

Warga Bukit Duri Menang Gugatan, Anies tak Ajukan Banding

Pemerintah Provinsi DKI Jakarta tidak akan melakukan banding atas putusan Pengadilan Negeri Jakarta Pusat terkait gugatan warga atas gusuran paksa normalisasi Kali Ciliwung. Majelis Hakim mengabulkan gugatan perwakilan kelompok warga Bukit Duri. Mereka menggugat aksi penggusuran oleh Pemprov DKI pada 2016 yang dinilai melanggar aturan.

"Mengenai Bukit Duri, kami menghormati putusan pengadilan dan tidak berencana melakukan banding. Kami akan berembuk dengan warga di Bukit Duri," kata Gubernur DKI Jakarta, Anies Baswedan di Balaikota DKI Jakarta, Kamis (26/10).

Ia juga akan mengajak semua pemangku kepentingan untuk sama-sama mengatur kawasan tersebut. Mulai dari ganti rugi hingga berdialog dengan warga. "Jadi solusinya tidak menurut Pemprov DKI saja tapi dilakukan rembuk secara bersama-sama membicarakan masalah itu. Perhitungan kemarin seperti apa, untuk diapakan, masyarakat menginginkan seperti apa, pemerintah menginginkan seperti apa, ini akan kita pertemukan," kata Anies.


[video]



Penggusuran Bukit Duri dipaksakan oleh Gubernur DKI Ahok pada September tahun lalu 2016.

Majelis Hakim Pengadilan Negeri Jakarta Pusat akhirnya memutuskan Pemerintah Provinsi DKI Jakarta dan sejumlah pihak tergugat lainnya wajib membayar ganti rugi materiil masing-masing sebesar Rp200 juta kepada 93 warga RW 10, 11, dan 12 Kecamatan Tebet, Bukit Duri, Jakarta Selatan.

Hal itu disampaikan Hakim Ketua Mas'ud dalam sidang putusan dengan nomor gugatan 262/PDT.G/2016/PN.JKT.PST di PN Jakarta Pusat, Rabu (25/10).

Mas'ud mengatakan, Pemerintah Provinsi DKI Jakarta beserta pihak tergugat lainnya harus membayar ganti rugi itu karena terbukti melanggar hukum dalam melakukan penggusuran. Keputusan sendiri diambil majelis hakim berdasarkan Pasal 1365 Kitab Undang-Undang Hukum Perdata.

"Tergugat terbukti melakukan perbuatan melawan hukum dan dituntut membayar ganti rugi kepada penggugat. Majelis hakim akan menentukan nominal ganti rugi sebesar Rp200 juta per penggugat," ujar Hakim Ketua Mas'ud saat membacakan putusan di PN Jakarta Pusat, Rabu (25/10).

"Tergugat dihukum untuk tunduk pada keputusan hukum ini," kata Mas'ud.

Warga Bukit Duri Menang, Pemprov Wajib Bayar Ganti RugiWarga Bukit Duri menyambut gembira putusan majelis hakim.

Nominal ganti rugi materiil yang harus dibayar pihak tergugat sebetulnya kurang dari jumlah yang dimohonkan oleh warga Bukit Duri. Saat mengajukan gugatan, warga meminta ganti rugi hingga Rp1,07 triliun.

Namun, kuasa hukum warga Bukit Duri Vera Soemarwi tidak ingin berkecil hati. Dia hanya ingin bersyukur atas putusan yang dikeluarkan majelis hakim.

Vera mengaku senang Pemprov DKI Jakarta dan sejumlah pihak tergugat lainnya dinyatakan terbukti melanggar hukum dan hak asasi warga yang digusur di mata majelis hakim.

"Jadi nominal itu besar kecilnya tergantung. Ya, disyukuri saja. Ini adalah keputusan yang berkeadilan, artinya keadilan bagi warga sudah terpenuhi," kata Vera usai sidang putusan di PN Jakarta Pusat.

Vera menilai keputusan majelis hakim sangat membahagiakan warga Bukit Duri. Vera mengatakan, selama ini warga sangat tidak nyaman dengan stigma buruk yang beredar. Mereka dianggap sebagai warga liar, tidak patuh hukum, tidak tahu malu karena menempati tanah negara selama bertahun-tahun.

"Stigma seperti itu akhirnya bisa dibuktikan bahwa tanah itu tanah milik warga. Bukan tanah negara yang disampaikan Pemprov DKI Jakarta," ujar Vera.

Vera berharap Gubernur DKI Jakarta Anies Baswedan memahami kebahagiaan warga setelah majelis hakim pengadilan Negeri Jakarta Pusat mengabulkan gugatannya.

Dia ingin Anies menaati janjinya yang ingin melindungi warga miskin dan terpinggirkan saat kampanye Pilkada Jakarta lalu. Janji itu, ucap Vera, dapat direalisasikan dengan cara tidak mengajukan banding atas putusan majelis hakim yang mengabulkan gugatan warga.

"Tidak boleh dilanjutkan (banding) karena itu dapat menciderai kewibawaan pemprov sendiri," kata Vera, seperti dikutip CNN Indonesia.

Harapan warga Bukit Duri ini pun terkabul dengan sikap gubernur DKI yang baru Anies Baswedan yang menyatakan tidak akan mengajukan banding.

Hal yang sangat beda dengan sikap gubernur sebelumnya yang terus ngotot melawan warganya sendiri.

***

TERKAIT PENGGUSURAN saat era Gubernur Ahok:

[16 September 2016]

Penggusuran Bukit Duri, Ahok : Gak Mau Pindah Semua, Tetap Bongkar


[09 September 2016]

Komnas HAM kecam Ahok gusur Bukit Duri


[28 September 2016]

Buldoser Mulai Gusur Rumah Bukit Duri, Warga Teriak Allahu Akbar

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