The legal team of PT Indobuildco has stated that the planned\nexecution of Hotel Sultan land cannot be implemented legally because the\ndisputed object has changed. This was conveyed by Indobuildco\u2019s legal\ncounsel, Hamdan Zoelva, during a press conference following a site\ninspection process (constatering or matching of the disputed object) on\nMonday (16 March).<\/p>\n
Hamdan explained that the on-site examination revealed discrepancies\nbetween the land described in the case and the actual conditions on the\nground. Land with Land Use Right certificates (HGB) No.\u00a026\/Gelora and\nNo.\u00a027\/Gelora in the name of PT Indobuildco is recorded as having a\ndifferent area from the object now cited as the basis for execution.<\/p>\n
According to Hamdan, the on-site matching process revealed that the\nland area subject to dispute has decreased by approximately 4.5 hectares\ncompared to the area specified in the case documents.<\/p>\n
\u201cThe change in area demonstrates that the object intended for\nexecution is no longer identical to the object in the court decision,\u201d\nsaid Hamdan.<\/p>\n
Beyond the area reduction, Hamdan disclosed that his team also found\nthat portions of the disputed land are no longer entirely under PT\nIndobuildco\u2019s control. He stated that the inspection showed some areas\nare now recorded as being owned by the DKI Jakarta Provincial Government\nand other parts by third parties.<\/p>\n
\u201cBecause some areas have been released for toll road development,\nthen for the MRT, and then released to other parties. For this reason,\nwith these two facts, the condition of HGB 26 and 27 has changed, so it\ndoes not match. Because of this non-matching condition, it cannot be\nexecuted,\u201d Hamdan explained.<\/p>\n
Hamdan noted that under Indonesian civil procedure law, clarity\nregarding the boundaries, area, and ownership of the disputed object is\na prerequisite for execution. If the object named in the decision\ndiffers from the object found on the ground, the judgment cannot be\nexecuted.<\/p>\n
Hamdan also cited Supreme Court jurisprudence stating that if a site\ninspection reveals that the land controlled does not match the\nboundaries and area mentioned in the claim or decision, the case cannot\nbe executed. This condition in law is known as obscuur libellum, meaning\nan unclear subject matter of the case.<\/p>\n
\u201cIf the object intended for execution has changed in area or\nownership, then the execution becomes legally defective and cannot be\ncarried out or is non-executable,\u201d he stated.<\/p>\n
\u201cTherefore, we object to the execution. First ensure which land is to\nbe executed,\u201d he added.<\/p>\n
Furthermore, Hamdan affirmed that PT Indobuildco will continue to\npursue legal certainty over Hotel Sultan land through applicable legal\nchannels.<\/p>\n
\u201cWe respect the legal process, but the law must also be enforced\nfairly and objectively. Execution should not be forced if the object is\nunclear and inconsistent with the court decision,\u201d he concluded.<\/p>\n
Previously, the Central Jakarta District Court (PN Jakarta Pusat)\nconducted a site inspection (constatering) to match the disputed object\ndetails as follow-up to the planned execution of Hotel Sultan land in\nJakarta on Monday (16 March).<\/p>\n
According to observations, the inspection was attended by\nrepresentatives from PN Jakpus, the State Secretariat Ministry and the\nGelora Bung Karno Complex Management Centre (PPKGBK) as execution\napplicants, the Ministry of Agrarian Affairs and Spatial\nPlanning\/National Land Agency (ATR\/BPN), and police.<\/p>\n
\u201cThe constatering, meaning matching and ensuring that boundaries\nconform to what we as applicants\u2014PPKGBK and State Secretariat Ministry\napplicant\u2014are requesting regarding state property in Block 15,\u201d said\nPPKGBK Chief Executive Officer Rakhmadi Afif Kusumo to journalists on\nMonday.<\/p>\n
\u201cThis morning we heard directly from the clerk that a constatering\nhas been conducted, being conducted for Block 15, checking former HGB 26\nand former HGB 27 which should have already become state property,\u201d he\nadded.<\/p>\n
Rakhmadi also affirmed that Hotel Sultan land is state property, so\nthe execution process will continue.<\/p>\n
\u201cSo from our perspective, we hold that this has become state property\n(BMN), where this property has already become state property. Our\ncommitment, following direction from State Secretariat Ministry\nleadership, is how to secure this state property and optimise it,\u201d he\nsaid.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/indobuildco-claims-hotel-sultan-execution-plan-has-legal-defects-1773669267", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }