Developer Served Legal Notice Over Breach of Green Space Conversion Promise in Bumi Panyawangan
The developer of Cluster Pinus in Bumi Panyawangan Housing Complex, Cileunyi, Bandung Regency, PT Dwiputra Sabaraya Kencana (PT DPSK), is facing a serious legal dispute. The company is alleged to have converted public facilities comprising green open space (RTH) into commercial land within the housing complex.
Residents of the housing development have protested this action. Through their legal representative, M Adhi Yudha Prawira of MAYP & Associates Law Office, residents have served a formal legal notice.
“The change of land function was carried out without notification or approval from residents who had previously purchased homes based on the initial site plan,” stated Adhi Yudha.
Residents also visited the Department of Public Works and Spatial Planning (DPUTR) of Bandung Regency on Friday, 28 November, to hold discussions.
According to documentation provided by residents, land on Jalan Pinus VI RT 05/RW 23 was originally designated as a public facility comprising green open space in the Site Plan Appendix to Building Permit Number 648.11/89/237/DPTW dated 13 November 2003. This status formed the basis for the majority of residents purchasing residential units, with the promise of green open space in front of their homes.
However, in 2005, the developer claimed to have obtained approval for a site plan change, numbered 653/SP/69/XII/DPTW dated 7 December 2005, which converted the land’s function from green open space to commercial facilities. The land was subsequently sold to a third party, and a permanent residential unit now stands on it.
“Residents purchased in 2004 because they were promised there would be green open space. But several years later a building was erected. Residents were never involved in the site plan change,” said the residents’ legal representative at the meeting.
Without Building Permit
Residents had previously served a legal notice dated 28 July 2025 demanding that the land’s function be restored to its original designation. However, the developer refused, arguing that the site plan change had been authorised by DPUTR.
According to the residents’ legal counsel, the residential building that currently stands on public facilities land since 2012 did not possess a Building Permit (IMB). The building permit was only issued around October 2025, after the legal notice was served to the developer. This indicates anomalies in the lengthy permitting process.
During the discussion, DPUTR representatives explained that the final site plan approval had followed applicable procedures and served as the basis for subsequent licensing processes. The current building permitting system (PBG), according to them, is already online-based and validated according to submitted technical data.
The One-Stop Investment and Integrated Services Office (DPMPTSP) also stated that the building in the name of Siti Rofiqoh Fitriyani obtained Building Approval (PBG) issued on 10 September 2025 with residential function designation. Nevertheless, field verification will be conducted to ensure alignment between documentation and actual conditions.
Meanwhile, the Department of Housing, Settlement Areas, and Land Affairs reported that in 2023 the Bumi Panyawangan housing development handed over infrastructure, facilities, and utilities (PSU) to the local government. According to the latest site plan, the disputed location is indeed recorded as a commercial facilities plot.
Nevertheless, the relevant agencies agreed to conduct field verification to follow up on alleged violations of building permitting regulations.
Report to West Java Regional Police
In a chronological summary and legal analysis prepared by residents’ legal counsel, the developer’s actions are deemed to potentially violate Article 162 in conjunction with Article 144 of Law Number 1 of 2011 concerning Housing and Settlement Areas regarding the prohibition on converting public infrastructure, facilities, and utilities.
Additionally, it is linked to Article 69 of Law Number 26 of 2007 concerning Spatial Planning regarding non-compliance with spatial planning regulations.
Residents, through their legal representative, have filed a complaint with the West Java Regional Police over alleged spatial planning violations. Their report is currently under investigation by the Criminal Investigation Directorate of the West Java Regional Police.
Residents are now pushing for the establishment of a Public Infrastructure and Utilities Management Group (KPP) to protect the presence of public facilities and services within the housing environment, whilst overseeing the verification process that will be conducted by the local government.