Jakarta, January 2025. The Jakarta Administrative Court of Appeals has upheld a decision favoring the residents of the Tanah Mas neighborhood as the claimant, securing the preservation of their local green space, Taman RW 01 also called as Taman Tanah Mas located in Kayu Putih sub-district area, East Jakarta. The decision nullifies the planned construction of a public health clinic (Puskesmas) by the Head of Health Sub-Instance of Jakarta Timur as defendant on this community park, emphasizing the critical importance of maintaining green spaces in urban environments, especially Jakarta.
The controversy over Taman RW 01, also known as Taman Tanah Mas, began when residents of the Tanah Mas neighborhood opposed the plan to construct a public health clinic (Puskesmas) on their community park. As reported in detik.com and Kompas.id, residents voiced concerns over the proposed plan by the regional government of Jakarta to construct a public healthcare facility (puskesmas) on their community park, highlighting its ecological and social value. The plan sparked a legal battle, with a group of residents of Tanah Mas eventually challenging the regional government’s action to use the park in violation of existing regulations protecting public green spaces. Please click this link and this link to access the full news.
As reported in Kompas.id, the State Administrative Court of Jakarta (first stage court) declared the actions of the Head of the Health Sub-Instance of East Jakarta was nullified and ordered an immediate halt to the proposed plan repurposing of Taman RW 01 for public healthcare facility (puskesmas). This decision was appealed by the defendant. Please click this link to access the full news For our full firm’s press release covering the decision of the first stage court, please click here.
The high court’s decision on 14 January 2025, which affirms the earlier ruling by the State Administrative Court of Jakarta on 10 0ctober 2024, highlights that under Regional Regulation No. 1/2012 and Minister of Home Affairs Regulation No. 1/2007, public green spaces like Taman RW 01 are explicitly protected, and their function as parks cannot be altered. In addition, the high court judges argue that the preservation of green spaces is not just a legal mandate but an ecological necessity, especially in Jakarta, where green areas account for only 5% of the city’s total land—a stark contrast to the 20% minimum required by Law No. 26/2007 on Spatial Planning. The judges uphold that the action by the defendant is considered as nullified and instructed them to stop. This decision is considered as final and binding since the object of the claim is the action by the regional governmental officer and therefore, cannot be filed for cassation. Nevertheless, the Head of Health Sub-Instance of Jakarta Timur as defendant filed a cassation application.
This case serves as a critical reference for urban planning in Indonesia, particularly on the preservation of public park, demonstrating the importance of balancing development with environmental sustainability. Every green space, like Taman RW 01 may improve air quality, reduce urban heat, and provide a vital community resource for recreation and social interaction.
Dr. Eddy Marek Leks, who is leading this case as attorney of the claimant, praised this decision. Dr. Leks said, “The laws and regulations for the preservation of public park are clear but the regional government’s regulation may deviate or violate the provisions of the higher-ranked regulations. This should have not occurred. But since it is and it has been enacted, the least that anyone can do, is to interpret the contradicting or potentially contradicting provisions under the regional government’s regulation as lower-ranked regulation in the framework of higher-ranked regulations. Happy to know the result of this appeal decision, one resident, Adrian Pranata, the residents’ coordinator said, “We and the rest of the community are very grateful of this outcome. Eddy Leks has been instrumental in achieving this result, his depth understanding of the zoning law, green zones and land/ property law generally is what makes this outcome possible.”
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