29 July 2022
Sadli Damanik A.Md
On Friday (July 29th, 2022), Ikatan Mahasiswa Hukum Administrasi Negara (IMAHARA)/Administrative Law Student Association of Faculty of Law University of Sumatera Utara held a webinar to review a Court’s Decision No. 756/Pdt.G/2020/PN Mdn. The Webinar entitled “Revitalization of Lapangan Merdeka as Cultural Conservation and Green Open Space” presenting speakers from Yayasan Bantuan Hukum ‘Pena Hukum Progresif’, Jaka Kelana SH. (who is also one of the lawyers for the lawsuit filed), and Prof. Alvi Syahrin SH., MS., a Professor of Environmental Law in the Faculty of Law University of Sumatera Utara.
In his remarks, Dion Pardede, the Chair of IMAHARA, said that it is vital to always see Lapangan Merdeka as a public space to which every citizen has equal access. Privatization for the benefit of capitalists shouldn’t take place and make it exclusive and expensive so that only a few can visit adequately. Jaka Kelana, in his presentation, not only talks about ongoing revitalization. He also explained the advocacy pattern he and the coalition used in this civil lawsuit. Jaka said that a Citizen's Lawsuit is a lawsuit filed by a citizen, either an individual or a group of citizens, to hold the State Administrators accountable for the negligence and or omission by a State Administrator or State Authority that causes ‘misery’ or loss in the life of the community—qualified as “Unlawful Acts (Onrechtmatige daad).”
“This lawsuit from the beginning had 3 (three) targets that become the issuance of regulations that explicitly stipulate Lapangan Merdeka as cultural conservation. Medan City Government did not extend the Build Operated Transfer (BOT) agreement with private parties managing commercial buildings and freeing the Merdeka field from commercial or government buildings. Because this citizen lawsuit aims to protect the interests of citizens for the occurrence of losses that arise because of negligence and or omission by State Administrators or State Authorities.” Jaka explained. On the other hand, Prof. Dr. Alvi Syahrin SH MS, emphasized that Lapangan Merdeka should not only be seen from the profitable commercial and economic functions but also from the environmental function. He explained that Merdeka Square, which is right in the heart of the city, is still very much needed because it has a water absorption function in the city of Medan.
“The community must still and always guard the sustainability of this ‘lungs’ of Medan. The community should not normalize this state of Lapangan Merdeka as an exclusive place. Because every change produces turbulence, that’s not the danger we face. But how does turbulence produce paradigm and fabric the common sense” said Professor Alvi. Furthermore, Prof. Alvi and Jaka Kelana agreed that it is essential to maintain transparency in this ongoing revitalization process. It must ensure the disclosure of related public information so that citizens can jointly guard and ensure that the court decisions and decrees of the mayor end up with a common goal (Lapangan Merdeka as a Cultural Conservation and Green Open Space).
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