Firm told to pull down wall in Sungai Bambu

JAKARTA (JP): Head of the North Jakarta District Court, Soemarjono, has ordered developer PT Agung Podomoro to pull down the wall surrounding a 29,268 square-meter plot of land in Sungai Bambu, North Jakarta.

Soemarjono issued a letter-of-demolition order, containing the Supreme Court's instruction, to put end to a land dispute at the site, involving PT Agung Podomoro and PT Toyota Astra Motor.

The Supreme Court's decision, number 461 PK/Pdt/1992, issued on May 14, 1994, stated that by building the wall without any agreement from PT Toyota Astra Motor, PT Agung Podomoro had violated the law.

It also asked PT Agung Podomoro to demolish the wall within two weeks of the issuance of the decision.

Up to now PT Agung Podomoro has not pulled down the fence, ignoring the Supreme Court's decision. This prompted Soemarjono to ask his personnel to demolish the wall by force.

"The personnel can seek police, or other related agencies help to tear down the wall," Soemarjono stated.

Ken Suryadin, the lawyer representing PT Toyota Astra Motor, said that in 1981, Masaharu Tanaka, director of PT Toyota Astra, bought the plot of land from PT Multi Plaza Properties to build a car manufacturing factory.

However, while Toyota was applying for a permit for the construction of the factory, PT Agung Podomoro lodged a strong protest with the North Jakarta Mayoralty, urging it not to issue the permit. PT Agung Podomoro then brought the case to the North Jakarta District Court.

While the case was still being processed by the court, PT Agung Podomoro erected a wall surrounding the site, which had been declared by the court as "status quo" (leaving the case as it is now).

In May 1994 the Supreme Court issued a ruling that PT Toyota Astra Motor was the legal and rightful owner of the land.

Suryadin said the planned construction of the car factory has been delayed for 14 years due to the land dispute.

He added that the dispute has also caused Toyota material losses.

He asked the North Jakarta District Court to demolish the wall as soon as possible, saying that such a move would give legal assurance to foreign companies investing in the country.

The lawyer said that he has sent a letter to the Ministry of Administrative Reform, asking them to give a lending hand to resolve this nagging problem.

In response to the letter, the Ministry of Administrative Reform asked the North Jakarta District Court to carry out the Supreme Court's decision.(29)