In a notable judicial decision in Indonesia, an administrative court has reversed a local government’s directive to evict a church from its premises, marking a rare occurrence in the country’s legal landscape.
The Surabaya State Administrative Court’s March 19 decision annulled the Jombang Regency Government’s previous order to evict occupants of the Simpang Tiga shop-housing complex in East Java, among them Pastor Herri Soesanto of Good God Church and his spouse Liliek Soenarto. The local government is currently appealing this ruling.
According to Pastor Herri, the church’s closure on August 18, 2024, involved around 50 Jombang Regency officials forcibly removing him and sealing the premises, as he recounted in a podcast last year.
The conflict stems from the local government’s claim over several shops they assert ownership of, including the one occupied by the church. The shop complex is located approximately 50 miles from Surabaya, East Java’s provincial capital.
The court’s three-judge panel deemed the objections to the shop owners’ lawsuit as inadmissible, according to KBRN radio. Sonny Saragih, representing the church through the Legal Assistance Institute HOPE, expressed, “We greatly appreciate the verdict. The judge has considered it wisely, and this is a step forward in upholding good governance.”
However, the local government’s attorney, Yaumassyifa, confirmed an appeal would be filed, as reported by kredoNews.com. Yaumassyifa maintains that the property is legally owned by the Jombang Regency Government, with support from Suhartono of the Jombang Non-Governmental Organization Alliance, who questioned the court’s decision and the judges’ competence, stating, “The eviction letter is correct because the occupants have not fulfilled the obligations that they should comply.”
Suhartono plans to escalate the issue to the Judicial Commission and the Corruption Eradication Commission. Meanwhile, activist Hadi S. Purwanto reiterated that the eviction is due to unpaid rent by Pastor Herri, emphasizing that the church aspect is irrelevant.
After initially losing a lawsuit against the Jombang government in November, Pastor Herri appealed to the Surabaya State Administrative Court, where he succeeded. His former attorney, Sri Sugeng Pujiatmiko, highlighted that Pastor Herri considers himself the owner of the shophouse, having purchased it from a company with government management rights.
A local government source contends that a private company, in collaboration with the government, constructed the complex, allowing them to impose rent. Despite Pastor Herri’s assertion of ownership, the government demands rent payments, claiming a prior agreement with the developer.
Pastor Herri explained that the church attempted to renew its building-use rights certificate, which expired in 2016, but was denied by officials who instead demanded rent payments from 2016 to 2021, totaling 19,105,000 rupiah ($1,228 USD) annually.
The church, having paid taxes on the property, faces demands for rent despite believing they purchased the building outright. The developer’s lack of communication regarding the arrangement with the government adds complexity to the dispute.
This article was originally written by www.christiantoday.com
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