Ainin Indarsih Family Wins Appeal Against PT Obsidian Stainless Steel in Southeast Sulawesi Land Dispute
KENDARI — The Ainin Indarsih family has won their appeal against a Unaaha District Court ruling in a land execution dispute case filed by PT Obsidian Stainless Steel (OSS) in 2024.
In the Southeast Sulawesi High Court ruling numbered 21/Pdt/2025/PT Kendari, dated Tuesday (24/6/2025), the court accepted the appeal from the appellants — the Ainin Indarsih family — and overturned Unaaha District Court ruling number 22/Pdt.Bth/2024/PN.Unh dated 25 February 2025, which had previously been won by PT OSS.
Andre Darmawan, legal counsel for the Ainin Indarsih family, said he appreciated the steps and legal ruling taken by the Southeast Sulawesi High Court. He considered the judicial institution to have made the correct decision in ruling in favour of his clients in this appeal.
"I consider the Southeast Sulawesi High Court to have been objective in deciding the appeal case filed by our clients, based on authentic evidence and facts that we submitted," Andre said.
The case originated when the Ainin Indarsih family took legal action against PT Virtu Dragon Nickel Industry (VDNI) for encroaching on their land measuring 200 by 400 square metres in Porara Village, Morosi Sub-district, Konawe Regency.
During proceedings at Unaaha District Court, PT VDNI quietly sold the disputed land to PT OSS without regard for the ongoing case. A coal conveyor building belonging to PT OSS now stands on the land.
Unaaha District Court initially ruled in favour of the Ainin Indarsih family under ruling number 26t/Pdt.G/2020/PN.Unh. PT VDNI then appealed to the Southeast Sulawesi High Court, but lost, with the family again prevailing under ruling number 78/PDT/2021/PT KDI. PT VDNI's subsequent cassation and judicial review (PK) at the Supreme Court of the Republic of Indonesia were likewise rejected, with the Ainin Indarsih family winning at every level.
On the basis of these rulings, the family applied for land execution. Unaaha District Court, together with the Konawe National Land Agency (BPN) and police, conducted a site verification of the disputed land. However, PT OSS refused the execution and requested the opportunity to file a suit at Unaaha District Court, arguing that the land had been purchased from PT VDNI and that it held Building Use Rights (HGB) documentation.
"When we filed for execution, it was about to be carried out. But PT OSS filed an objection to the land execution at Unaaha District Court, on the grounds that they already held HGB at the execution site," Andre explained.
Unaaha District Court then ruled in favour of PT OSS, declaring it a legitimate objector. The Ainin Indarsih family subsequently appealed to the Southeast Sulawesi High Court, which overturned the district court's ruling, declaring PT OSS an illegitimate objector.
"PT OSS was declared an illegitimate objector because it turned out that the land PT OSS purchased from Virtu (PT VDNI) was disputed land that had already been awarded to the Ainin Indarsih family," Andre explained.
Following the High Court's appeal ruling, PT OSS has been ordered to cooperate and vacate the disputed land immediately.
In the Southeast Sulawesi High Court ruling numbered 21/Pdt/2025/PT Kendari, dated Tuesday (24/6/2025), the court accepted the appeal from the appellants — the Ainin Indarsih family — and overturned Unaaha District Court ruling number 22/Pdt.Bth/2024/PN.Unh dated 25 February 2025, which had previously been won by PT OSS.
Andre Darmawan, legal counsel for the Ainin Indarsih family, said he appreciated the steps and legal ruling taken by the Southeast Sulawesi High Court. He considered the judicial institution to have made the correct decision in ruling in favour of his clients in this appeal.
"I consider the Southeast Sulawesi High Court to have been objective in deciding the appeal case filed by our clients, based on authentic evidence and facts that we submitted," Andre said.
The case originated when the Ainin Indarsih family took legal action against PT Virtu Dragon Nickel Industry (VDNI) for encroaching on their land measuring 200 by 400 square metres in Porara Village, Morosi Sub-district, Konawe Regency.
During proceedings at Unaaha District Court, PT VDNI quietly sold the disputed land to PT OSS without regard for the ongoing case. A coal conveyor building belonging to PT OSS now stands on the land.
Unaaha District Court initially ruled in favour of the Ainin Indarsih family under ruling number 26t/Pdt.G/2020/PN.Unh. PT VDNI then appealed to the Southeast Sulawesi High Court, but lost, with the family again prevailing under ruling number 78/PDT/2021/PT KDI. PT VDNI's subsequent cassation and judicial review (PK) at the Supreme Court of the Republic of Indonesia were likewise rejected, with the Ainin Indarsih family winning at every level.
On the basis of these rulings, the family applied for land execution. Unaaha District Court, together with the Konawe National Land Agency (BPN) and police, conducted a site verification of the disputed land. However, PT OSS refused the execution and requested the opportunity to file a suit at Unaaha District Court, arguing that the land had been purchased from PT VDNI and that it held Building Use Rights (HGB) documentation.
"When we filed for execution, it was about to be carried out. But PT OSS filed an objection to the land execution at Unaaha District Court, on the grounds that they already held HGB at the execution site," Andre explained.
Unaaha District Court then ruled in favour of PT OSS, declaring it a legitimate objector. The Ainin Indarsih family subsequently appealed to the Southeast Sulawesi High Court, which overturned the district court's ruling, declaring PT OSS an illegitimate objector.
"PT OSS was declared an illegitimate objector because it turned out that the land PT OSS purchased from Virtu (PT VDNI) was disputed land that had already been awarded to the Ainin Indarsih family," Andre explained.
Following the High Court's appeal ruling, PT OSS has been ordered to cooperate and vacate the disputed land immediately.