JAKARTA, JARING.id - A group of men deftly cut long bamboo trees that grew tall on the banks of the river. They tied the fallen plant into a raft [in Jakarta Malay: getek]. After the Asr call to prayer, from Citayam, Bogor, they got on the raft by taming the swift currents of the Ciliwung River. The next morning they arrived at the Manggarai circle, South Jakarta.
Such is the description of the bamboo traders in the 1980s that are in the memory of Mukhlis bin Sabili. From behind his house in Bukit Duri, South Jakarta, which is right on the edge of the Ciliwung River, he often watched the sellers walk around in their rafts. Arriving at their destination, the raft is dismantled and the bamboo is sold to the collectors.
One of the bamboo traders was Ali, the grandfather of Mukhlis's wife. Ali has been a resident on the banks of the Ciliwung River on Bukit Duri for decades.
"Instead of returning to Citayam, they better build a house here," said Mukhlis to Jaring, who met him at Bukit Duri. Ali then had children. His descendants are now part of the residents of Bukit Duri on the banks of the Ciliwung River.
The Ciliwung River, which stretches 120 kilometers from Mount Gede to Sunda Kelapa Harbor, has for centuries been the lifeblood of trade transportation. The banks were home to many people.
"Since the days of the kingdom, Jakarta has become a human attraction to live and live because it is located on the bank or estuary of the Ciliwung River," wrote senior journalist Alwi Shihab in the book Betawi: Queen of the East.
The Ciliwung Merdeka Community, a non-governmental organization formed by residents of Bukit Duri and Kampung Pulo sub-districts, believes their ancestors have been living on the riverbank since the 1930s. Even though they were there before the establishment of the Republic of Indonesia, the DKI Jakarta Government apparently considered them 'illegal residents'.
This is because they do not have land certificates; all they have is proof of ownership such as girik, deed to buy and sell land and houses, to proof of Dutch period tax payments [verponding].
Alldo Felix Januardy, a public lawyer from the Jakarta Legal Aid Institute (LBH), said that residents like Mukhlis who controlled the land for 20 years in 'good faith' and the land was not in dispute were actually possible to get a certificate as regulated by Government Regulation Number 24 of 1997 concerning Land Registration and Civil Code.
"But when residents apply for certificate registration, there are many bureaucratic obstacles. For example, illegal fees or corruption, ”he said at the LBH Jakarta office.
The Mukhlis family who tried to apply for land certification in the 1990s ran into such obstacles. They were asked for millions of rupiah by the village people. Since then they have learned to take care of the land certificate.
Last year, Director of Ciliwung Merdeka Sandyawan Sumardi accompanied the residents of Kampung Pulo to register their land with the State Land Agency (BPN). The residents' houses were finally evicted, namely on August 20, 2015.
"It's very difficult if we want to take care of certification. Even though the Jokowi administration is promoting free certification. The reality on the ground does not apply to the poor. "
Only a handful of residents on the banks of the Ciliwung River, according to Sandyawan, can get certificates. One resident, for example, managed to get a certificate after 8 years of processing it and spent Rp. 30 million.
A bad experience has also been experienced by the residents of Kampung Tongkol who inhabit the mouth of the Ciliwung River, Pademangan, North Jakarta. They have been tricked by urban village officials who lured collective land certificates by paying a sum of money. This bad experience made them feel discouraged, even though they really wanted a certificate for the land they occupied.
Without land and house ownership certificates, the urban poor are increasingly vulnerable to eviction. The residents of Bukit Duri and Kampung Pulo who were evicted because they were considered to have violated the city planning, for example, did not receive any compensation for the land and houses they had lived in for decades. The DKI Jakarta government only offers relocation to flats for those who have been evicted. For some groups, this is not a solution to solve the problems of the urban poor.
Since officially holding the title as the capital city of the country, in 1964, Jakarta has had 4 spatial plans that have become signs for city development, namely the 1965-1985 Djakarta Master Plan, the 1985-2005 General Spatial Plan, the 2000-2010 Regional Spatial Plan. , and the most recent is the 2010-2030 Regional Spatial Plan.
One of the important points in any spatial plan product is related to green open space. In 1965, green open space in Jakarta was still around 37.2% or higher than the United Nations (PBB) standard of 30% of the total city area.
The number of green open spaces dropped drastically to 25,85% in 1985 and continued to disappear, only 9% in 2000. Green open space slightly increased to 9.8% in 2010 and last year 9.9%. The figure required by the Spatial Planning Law is 30%.
Spatial planning violations that are allowed to occur from year to year are the main cause of the loss of green open spaces in Jakarta.
“The enforcement of spatial regulations is very weak. There are no sanctions for violations imposed by the Jakarta government. Developing companies have also turned green areas into housing, condominiums, malls, hotels, commercial buildings and offices, "said the Coordinator of Urban Studies and Planning Program from Savannah State University, United States, Deden Rukmana, in his research released last year.
In the report, it was stated that at least 3,925 hectares of green areas in 5 areas in Jakarta were misused from 1985 to 2005. In other words, in just 20 years, Central Jakarta alone lost 80% green areas due to the conversion of functions. The most severe spatial violations occurred in Sunter. There, 1,548 hectares, which should have been a water catchment area, have been converted into elite residential areas for Sunter Agung and automotive factories since the 1990s.
Instead of enforcing the law against these violations, the DKI Jakarta Government has accepted the conversion of the five regions in the 2000-2010 Regional Spatial Plan. Deden assessed that the poor enforcement of spatial planning regulations is due to the absence of zoning and monitoring regulations.
To restore green open space and fulfill the 30% obligations as in the Spatial Planning Law, Governor Basuki Tjahaja Purnama began last year to intensify control of buildings standing on green land. "We continue to keep all green open spaces in Jakarta in order. There is no tolerance. Who is occupying RTH, we will finish it, "he said to the mass media earlier this year.
The law enforcement efforts made by Governor Ahok were deemed lame because they were only focused on settlements of the urban poor; As for the projects undertaken by major developers, he did not touch them. "Unfortunately, the victims are always the poor, especially the urban poor, fishermen and laborers. Meanwhile, the upper middle class is facilitated excessively, "said the Director of Ciliwung Merdeka, Sandyawan Sumardi.
Law enforcement on spatial planning which tends to target only the settlements of the urban poor does not solve the problem. The urban studies institute Rujak Center for Urban Studies (RCUS) assesses that the government needs to create a gradual process to create ideal spatial planning; one of them is by involving the urban poor.
"Cities with dialogue are better than cities that enforce the law," said RCUS researcher Andesha Hermintomo.
This effort gained momentum when the DKI Jakarta Government announced to review the Regional Regulation regarding Regional Spatial Planning as well as Detailed Spatial Planning and Zoning Regulations, last May. The reason is that two national projects in Jakarta, namely the Light Rail Train (LRT) and the Jakarta-Bandung Fast Train, have not been accommodated in Jakarta's spatial regulations.
The Urban Poor Consortium (UPC), a non-governmental organization that accommodates 30 urban village communities in Jakarta, is trying to take advantage of the moment of the revision of the regulation so that the existing villages in Jakarta can be recognized in Jakarta's spatial layout. This is because, according to UPC, a number of residents' settlements that have existed for decades suddenly and without socialization are made open green, commercial areas and other uses in Regional Regulation Number 1 of 2014 concerning Detailed Spatial Planning (RDTR).
UPC Advocacy Coordinator, Gugun Gunawan, said that his team, together with residents from 30 villages and assisted by several architects from the University of Indonesia, were preparing a master plan for village layout and use as well as a village improvement plan, as was done in Tongkol Village, Pademangan, North Jakarta.
In the meantime, 10 villages will be proposed through the DKI Jakarta Government and the DKI Jakarta DPRD. Gugun hopes that these villages can be recognized in the RDTR with the code yellow zone (dwelling) and sub zoning R1 (village house).
If the master plan passes, the residents on the banks of the Ciliwung River and other villages may not need to worry anymore. What have they been worried about all this time? Government officials who had never met before, along with the police, soldiers, and Satpol PP, suddenly visited their small house. The goal is not to visit but to displace heavy equipment. Because they are strong, they can! (Ikhsan Raharjo)