In the ownership transferring of official house, often conflict happens between the institution which is registered as the house’s owner and the old occupants. The referred occupants mostly are retired, pensioners or their relatives or descendants. Legal approaching is only able to resolve legality aspects, but not up to humanism aspects. In legal proceeding, usually the party who lost in trial is unsatisfied with judicial institution’s decision and they has to very involuntarily leave that official house. From many cases of official house lawsuit that occurred in Indonesia,about 80 percents were won by state.
In order to mediate the conflict happens between official house’s occupants and the owner institutions of official house, Center for Alternative Dispute Resolution, Regulation and Policy (Care) Institute of Research and Community Empowerment (LPPM) Bogor Agricultural University (IPB) organized limited discussion forum as an effort to find settle solution for official house conflicts that is occurring at TNI Official Housing Teplan – Bogor. This discussion was held at IPB Baranangsiang Campus, Bogor (28/8) by inviting many stakeholders such as TNI (Kodam III/Siliwangi, Korem 061/Surya Kencana); Police (Bogor City Police); National Land Agency (BPN) Bogor Office; Legal Expert from Pakuan University, Bogor Sahabat Community; The Indonesia Mediation Center (PMN), and also Bureau of Legislation and Legal Service IPB.
This discussion was opened by Chairman of The Advisory Board of Care LPPM IPB, Prof. Dr. Rizal Syarif, S.DESS and moderated by Andrea H. Poeloengan, SH, M.Hum., MTCP, Commissioner member of National Police Commission (Kompolnas). Care IPB itself is research center that focusing in the development of conflict potency management models. The example of conflict cases that was delivered by Joy Carter (Denzinbang 2/III, Kodam III/Siliwangi) is case of lawsuit for official housing Korem 061/Surya Kencana. The provided explanation included institutes that has been used by Korem in dealing with the occupants, land history, official house regulation, and up to the controlling methods.
Based on the discussion’s result, the main cause of emerging conflict in official house is the neglection by TNI institution of violations carried out by occupants, while for long time they has identified the occurrence of intentional violation on the official house. On other side, the need of official house for active TNI staff is exceedingly high. This issue becomes dilemma for active officials to take an act and to execute those official houses, because that will be an unpopular policy for them. Whereas each owner institution of official house has to perform monitoring, controlling, and regulating their assets properly.
The discussion’s result formulated and recommended that the controlling method in lawsuit case of official house Korem 061/Surya Kencana has been adequately good, but it still need to be reevaluated, and Korem is suggested to arrange mediation overview. Psychological aspects (individual/social) still must be put forward in executing the controlling method. And it must to be concerned that house is one of human basic needs, there is possibility that the occupants will refuse to be evicted if they do not have another living place.
“Therefore all stakeholders must be jointly responsible in managing official house. It need to reviewed so the need of official house can be fulfilled. All parties must be committed to the agreed regulation, so that monitoring, controlling, and regulating the state’s assets shall be executed intensively. Beside that, it requires an institution whose main role is to manage and secure state’s assets, not related with any institutional interest, and the most essential is firm and sustainable law enforcement,” said Ir. Agit Kriswantriyono, MS, researcher from Care LPPM IPB. (qa)
Published Date : 04-Sep-2018
Resource Person : Prof. Dr. Rizal Syarif, S.DESS
Keyword : Care IPB Initiates Discussion of Official House Conflict