convenors: Center for International Legal Cooperation (CILC); Van Vollenhoven Institute Leiden University (VVI) and Erasmus University Rotterdam
coordinator: Emily van Rheenen (CILC) & Santy Kouwagam (VVI)
moderators: Dr. Tristam Muliono (Universitas Parahyangan)
• Prof. mr. (Martijn) MW Scheltema (Professor of Business Law, Erasmus University Rotterdam)
• Dr. Erna Dyah Kusumawati (Universitas Sebelas Maret Surakarta)
• Charlie Albajili, S.H. (LBH Jakarta) Download here
• Dr. Santy Kouwagam, Van Vollenhoven Institute Leiden University (VVI) Download here
• Dr. Surya Tjandra (Universitas Atma Jaya) Download here
rapporteur: Dianwidhi Michelle
This panel will focus on Access to Remedy in case of loss of housing in Indonesia. It will showcase a study that has been performed in the past year that maps all the (national and international) actors that are involved in access to remedy particularly for Indonesian nationals in case of loss of housing.
Access to remedy for the rights of stakeholders remains a salient problem. Improving the mechanism for remedy-seeking and identifying the actors involved is a relevant cause and currently an underdeveloped research area. In many cases, actors such as sponsors, the operating company, development banks, commercial banks and the government are involved in loss of housing issues, but the remedy landscape is at best a patchwork, if any meaningful access to remedy which can be accessed in practice exists at all. To date, no mechanism exists which aims at reaching solutions which include all these actors (including credible escalation mechanisms). A recent study has been done on Access to Remedy in Indonesia that includes a stakeholder mapping by the Speakers. Their research results will be introduced. In the research they highlight two main reasons for loss of housing 1) evictions and 2) natural disasters. Both topics are discussed and their (national and international) remedies are explained. The panel aims to include a discussion on the following question: What kind of (dispute resolution) mechanism can be implemented or created for inclusive access to remedy; by considering all interest-holders and the roles of all actors involved in Indonesia?