Planned execution proceedings against the Hotel Sultan property have\nbeen declared unfeasible due to alleged legal defects. The assessment\nwas presented by the legal team of PT Indobuildco following a\nconstatation process, or field inspection of the disputed property,\nconducted on Monday, 16 March 2026.<\/p>\n
Hamdan Zoelva, legal counsel for PT Indobuildco and former Chief\nJustice of the Constitutional Court, stated that the inspection results\nrevealed significant discrepancies between the land described in the\ncourt case and the actual conditions on the ground.<\/p>\n
\u201cThe land registered under Land Use Rights Certificates No.\u00a026\/Gelora\nand No.\u00a027\/Gelora in the name of PT Indobuildco has a different area\nthan the object currently cited as the basis for execution,\u201d he\nexplained.<\/p>\n
According to Zoelva, the field inspection revealed that the disputed\nland has shrunk by approximately 4.5 hectares compared to the area\ndocumented in the case file. This reduction in area means the property\nsubject to execution is no longer identical to the property as described\nin the court judgment.<\/p>\n
In addition to the change in area, the legal team discovered that\nportions of the land formerly subject to dispute are no longer under the\ncontrol of PT Indobuildco. \u201cThe inspection results show that part of the\narea is now registered as owned by the Jakarta Provincial Government,\nwith other portions owned by third parties,\u201d Zoelva stated.<\/p>\n
Zoelva explained that under civil procedure law, clarity regarding\nthe boundaries, area, and ownership of the disputed property is a\nmandatory requirement for executing a judgment. \u201cIf the property\nmentioned in the judgment differs from the property found on the ground,\nthe judgment cannot be enforced,\u201d he added.<\/p>\n
Citing precedent from the Supreme Court establishing that if a field\ninspection reveals land under control differs from the boundaries and\narea mentioned in the claim or judgment, the case cannot be executed,\nZoelva characterised the situation as an obscure libel \u2014 where the\nsubject matter of the case is unclear.<\/p>\n
\u201cIf the property subject to execution has changed in area and\nownership, the execution becomes legally defective and cannot be carried\nout, rendering it non-executable,\u201d Zoelva concluded.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/hotel-sultan-execution-deemed-impossible-due-to-legal-defect-1773679912", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }