Pengadilan Panggil Presiden Joko Widodo, Perkara Pembebasan Lahan

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Lampung (beritaindonet.com): Pengadilan Negeri Kelas IA Tanjungkarang di Provinsi Lampung memanggil Presdien R.I., Ir. H. Joko Widodo dalam perkara perdata adanya kasus pemebebasan lahan.  Panggilan Pengadilan dikirimkan atau diserahkan kepada para pihak, Selasa (19/3/2019).  

Sesuai dengan data Pengadilan, agenda sidang pertama, Rabu (17/4/2019 sekitar pukul 09 WIB. Sidang akan berlangsung memproses perkara dengan register Nomor: 72 /PDT.G/2019/PN.Tjk. “Saya sudah menerima panggilannya,” ujar Penggugat, David Sihombing.

Seperti diketahui, gugatan merupakan seputar ucapan Presiden Joko Widodo pada debat Capres ke-2 yang menyinggung nilai harga pembebasan mengganti untung dan terkait seolah tidak ada masalah pada pembebasan lahan proyek strategis nasional.


Bertindak sebagai Penggugat: David Sihombing. Posisi Penggugat sebagai warganegara, bertepatan sebagai kuasa dua orang yang merasa korban pelaksanaan pembebasan lahan proyek strategis nasional.Diberitakan sebelumnya, gugatan terkait proses jual beli tanah antara pemerintah dan masyarakat. Pemerintah sebagai pembeli lahan melalui kuasa pembayar yakni tergugat II dan III, yang bertanggungjawab ke Presiden. Sehingga penarikan dua pihak tergugat lain selain Presiden dari transaksi jual beli pada umumnya, hanya antara penjual dan pembeli.

Pokok perkara yang diangkat terkait penyampaian Presiden Joko Widodo mengatakan ke publik pada Debat Ke II,  ‘Hampir tidak ada terjadi konflik pembebasan lahan untuk infratruktur kita, karena apa ? Tidak ada ganti rugi, yang ada ganti untung’, sehingga gugatan sebagai cara memberitahu dan menjelaskan masalah berat yang ada,” Tiga pihak sebagai Tergugat, Tergugat I: Presiden Republik Indonesia, Ir.H. Joko Widodo, Tergugat II: Direktorat Jendral Sumber Daya Air Balai Besar Wilayah Sungai Mesuji Sekampung Kementerian Pekerjaan Umum dan Perumahan Rakyat (PUPR), Tergugat III: Kuasa membayar perwakilan negara/Kementerian Pekerjaan Umum Cq. Direktorat Jalan Bebas Hambatan  Cq Perkotaan.

“Keterlibatan terugat II dan III karena sebagai kuasa pembayar atau pembeli tanah perwakilan pemerintah, ucapan Bapak Jokowi terkait laporan pertanggungjawaban kuasa pembayar, sehingga tidak dapat dipisahkan antara peran tergugat I, II, dan III” ujar David Sihombing.


Dua masalah yang diangkat terkait ucapan Jokowi, pembebasan tanah proyek Jalan Tol Desa  Seputih jaya, Kecamatan Gunungsugih, Lampung Tengah-Provinsi Lampung, dan masalah proyek Strategis Nasional pembuatan Bendungan Gerak Jabung, di Desa Sumber Rejo, Kecamatan Wawai Karya, Kabupaten Lampung Timur Provinsi Lampung seluas kurang lebih 127 hektar. “Saya sudah pernah kirim surat ke presiden, sebagai pengacara korban yang mempunyai hak atas tanah, tapi malah kasus dirasakan semakin tidak ada perhatian, pada hal kasus besar. Ini gugatan murni karena tidak mengalami seperti yang dikatakan Pak Jokowi, kami tidak berurusan dengan kepentingan politik” ujar David Sihombing.

David mengatakan, masalah yang dihadapi tidak dapat lagi diajukan gugatan/upaya hukum, sementara Tergugat mengatakan hampir tidak ada masalah dalam pembebasan lahan, pembayaran ganti untung, sehingga menurutnya kesedian yang akan tersisa ketika lewat perkara ini didiamkan menjadi keheningan, sementara kerugian menimpa. Diakui Penggugat, tanah kliennya sama sekali tidak senasib dengan ucapan Jokowi, jauh dari ganti untung,  sangat layak Rp1.500.000,- per meter, karena posisi tanah dekat hotel, dekat pom bensin, pinggir jalan nasional, sehingga Klien Penggugatpun sedih mengetahui penetapan Hakim dalam konsiniasi, harganya hanya Rp100.000,- per meter.

”Kita menyaksikan tanah diresmikan menjadi milik pemerintah, kita bangga Bapak Jokowi datang ke Lampung, tapi kebanggaan itu diselimuti ribuan kata yang tak terungkapkan, makanya digugat, dengan tujuan memberitahu masalah batin, dan secara formal harus menggugat karena semua cara sudah dilakukan, tidak tembus sesuai harapan,” jelas David

David mengatakan, putusan yang diterima hasil permohonan kuasa pembayar Negara di Pengadilan berjudul Demi Keadilan Berdasarkan Ketuhanan Yang Maha Esa, tapi menurut David isinya salah. Putusan berketuhanan ternyata salah juga. “Jadi kemana lagi mengadu, masalah putusan/konsiniasi pengadaan tanah kepentingan Negara tidak ada upaya hukum, dikatakan harga ganti untung dan seolah tak ada masalah. “ tandas David.

Untuk masalah Bendungan Gerak Jabung Lampung Timur, diangkat masalah tujuh orang yang damai di sidang dengan klien Penggugat, dan bersedia menerima konpensasi dari Penggugat. Ketujuh orang tersebut mengakui objek tanah milik Klien Penggugat “Akan tetapi pencairan pembayaran dari Negara bukan ke klien saya, marwah sidang dimana ? Ini masalah, dan besar masalahnya, jadi jika dikatakan seolah tidak ada masalah dan tidak untung sakitnya di sana-sini,” kata Penggugat.

Selain harga kata Penggugat, mempertanyakan sudah ada putusan hakim konsiniasi dan tidak dijalankannya hasil sidang perdamaian atas nama Kliennya tapi kepala BPN tidak mau tandatangan pengantar ke Pengadilan untuk pencairan. Termasuk surat tanah sudah disita, diduga ada manipulasi data berkonspirasi.

. “Bapak Jokowi yang bertepatan sebagai Presiden, yang dipilih suara rakyat, suara rakyat suara Tuhan, jadi hanya Presiden yang berarti wakil Tuhan yang dapat selesaikan; Karena Putusan yang salah itu berjudul berdasarkan Ketuhanan Yang Maha Esa” tutup David (R1.1)

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