Between Public and Communal Interests: A Legality Issue Forced Evictions Occuring in Jakarta

Abstract

Forced evictions are considered to be a ``global epidemic{''} since they occur in several countries regardless of the state's development level. Private ownership issues and development issues are examples of rationales given for forced evictions. Under the human rights regime, all States are obliged to refrain from carrying out any evictions; moreover, all States are required to adopt measures preventing forced evictions from happening or provide the victims with legal mechanisms to challenge the policies if evictions occur. International law prohibits forced evictions and offers guidance for forced eviction triggered by development. This paper will investigate the legality of forced evictions happening in Jakarta, Indonesia, and will critically examine whether the forced evictions are in contravention of the international obligations to which Indonesia has subscribed, or whether such evictions can be justified by their being in the public interest. The author argues that in the name of development, a conflict of interest may exist between the larger public interest and the interest of the evicted community. Since forced evictions are associated with violations of human rights, especially the right to adequate housing, the interests of both the public and the community should be given more attention, particularly where forced evictions cannot be avoided.