New Chapter in East Jakarta Kampung Dukuh Land Case, Heirs Become Defendants
Jakarta, CNN Indonesia – The land dispute case in Kampung Dukuh, East Jakarta, has entered a new chapter. Armando Herdian (AH), a member of the heir family, has now become a defendant at the East Jakarta District Court.
In the reading of charges held on Wednesday (1/28), AH was charged with alleged fraud or embezzlement related to the release value of inherited land worth approximately Rp 259 billion. The case has drawn public attention because the complainants are not from among the heirs themselves, but rather outside parties, including a notary involved in processing the land rights release deed.
The trial continued today, Friday (2/13), with the evidentiary phase. Prosecutors presented 7 witnesses: Abdurrohim as the complainant and investor serving as victim witness; R. Wiratmoko as a notary who is also an investor and victim witness; Alfons Loemau as legal representative and intermediary/broker; Dirja Kusumah as Head of the Procurement Unit at the DKI Jakarta Forestry Agency in 2019; Iwan Lubis as the authorized representative of one of the Tanudibroto heirs, Setiawati; Yap Hong Gie as the authorized representative of another Tanudibroto heir, Megawati; and Deddy Nurhadianto.
However, Armando’s legal counsel from the Legal Consultation and Aid Institute of the University of Indonesia Faculty of Law (LKBH FHUI) assessed that the prosecution failed to establish the criminal elements against their client.
“The prosecution’s witnesses failed to explain where the criminal act (actus reus) and criminal intent (mens rea) of our client lie. This trial has instead made it clearer that this is purely a civil dispute being forced into the criminal realm,” said Puspa Pasaribu, a public advocate at LKBH FHUI serving as the defendant’s counsel.
Puspa added that irregularities emerged during witness testimony, with a witness rejecting the entire contents of the examination report prepared during the investigation stage, claiming to have never provided such testimony, let alone signed it.
The trial will continue on Monday, February 23, with the agenda of further witness and expert examination by the prosecution. “LKBH FHUI is committed to continuing to oversee this case until the material truth is revealed and the heirs obtain justice,” she said.
Puspa also questioned the legal logic underlying the case. “This is a case that is difficult to accept from a legal logic standpoint. How can an heir be accused of committing fraud or embezzlement against their own inheritance, and moreover be reported by parties who are not heirs?” Puspa said after the hearing.
AH was charged with violating Article 492 or Article 486 of the National Criminal Code (KUHP). However, according to Puspa, the prosecution did not clearly and specifically outline the criminal elements, nor did it explain the causal relationship between the defendant’s actions and the losses claimed by the complainants.
“The prosecutor’s indictment does not clearly outline the criminal elements and does not demonstrate a causal relationship between the defendant’s actions and the losses claimed by the complainants. This more closely resembles a civil dispute being forced into a criminal case,” she stressed.
Background of the Case
She explained that the case originated from the emergence of a third party — unknown individuals claiming to be investors — who created a unilateral agreement deed with a broker and a notary who prepared the rights release deed, in order to seize control of the compensation money for the 3.4-hectare plot of land.
Puspa said the actions of these parties had been declared an Unlawful Act (PMH) by the Supreme Court of Indonesia’s Cassation Decision No. 6351 K/Pdt.2025.
“There is already a legally binding (inkracht) decision declaring that they committed an unlawful act by forcibly collecting from our client. Yet strangely, they continue to use criminal instruments to intimidate and criminalize AH and his family,” Puspa said.