An Analysis of the Forced Eviction Policy under the Ciliwung River Normalization Program in Bukit Duri from the Perspective of Jeremy Bentham’s Theory of Utilitarianism

Abstract

The eviction of Bukit Duri residents in South Jakarta in September 2016 was carried out as part of the Ciliwung River normalization program aimed at reducing flood risk. The policy raised legal and social issues because it affected the constitutional right to adequate housing. This article analyzes the implementation of the eviction policy under applicable law and assesses the balance between the benefits of the normalization program and the losses suffered by affected residents through Jeremy Bentham’s utilitarian theory. This study employs normative legal research with statutory, case, and conceptual approaches. The research materials are secondary data analyzed using a descriptive-prescriptive qualitative technique, with the felicific calculus as the assessment standard. The findings show that the objective of normalization can be justified on utilitarian grounds because it protects many residents from flooding. However, its implementation does not fully satisfy Bentham’s calculus, since the residents’ losses were intense, certain, and long-lasting, and the demolition proceeded before the legal process was concluded. This suffering was avoidable, as demonstrated by the later construction of Kampung Susun Produktif Tumbuh Cakung for former Bukit Duri residents.