Jakarta, October 2024. Our firm has successfully defended our client, people live around their residentials’ park, as Claimants, in East Jakarta area, over an unlawful act by the government, namely the Head of Health Department of East Jakarta, as Defendant, that did steps to construct a public healthcare facility on a park (green space) within their residential complex.
The State Administrative Court of Jakarta ruled that under the Regional Regulation of DKI Jakarta No. 1 of 2012, the function of a park as green space, cannot be altered. The court then ruled that the Defendant’s governmental act is nullified and obliged the Defendant to stop its governmental’s action on the construction of public healthcare facility on a park.
The Judex Facti considers that the park has in fact been a green space for the surrounding people since 1980s and that park has been determined as city or environmental park under the regulation. The court further opines that the Defendant should have paid attention and complied with regulation on the alteration of land use so that it does not construct a public healthcare facility on a green space. The Judex Facti also points out the importance of formal prudent principle i.e., to assess all relevant facts by involving all stakeholders prior to do a certain act on a park and legal certainty principle i.e., every action must be based on the prevailing laws and regulations which the Defendant has violated. This decision is being appealed by the Defendant.
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