The Ministry Of PUPR Affirms Situ Cihuni As State Assets, Here's The Explanation

Secretary of the Directorate General of Water Resources of the Ministry of PUPR Airlangga Mardjono (first from the left). (Photo: Theresia Agatha/VOI)

JAKARTA - The Ministry of Public Works and Public Housing (PUPR) through the Directorate General of Water Resources said, Situ Cihuni is a state asset.

This follows the granting of a judicial review (PK) by the Supreme Court (MA).

The case relates to the dispute between the Situ Cihuni area and PT Cihuni Mas.

Secretary of the Directorate General of Water Resources of the Ministry of PUPR Airlangga Mardjono said the dispute had been going on since 2016.

After going through various lawsuits in a number of courts, the government finally won the lawsuit through the granting of the PK request.

"Based on the decision of the Supreme Court of the Republic of Indonesia Number 1284 PK/Pdt/2022 dated December 22, 2022, the Panel of Judges has granted the request for judicial review (PK) and declared the object of Situ Cihuni's dispute as a natural basin," Airlangga said at a press conference in Tangerang, Friday, July 14.

Airlangga also explained that the dispute began with a lawsuit filed by PT Cihuni Mas in 2016 to the Jakarta State Administrative Court (PTUN) to the Directorate General of Natural Resources.

"The lawsuit has obtained permanent legal force through the Supreme Court's decision in 2018 with the verdict that the lawsuit is not accepted. This is because the Administrative Court is not authorized to try the dispute," he said.

Furthermore, PT Cihuni Mas again filed a similar lawsuit in 2018 through the Tangerang District Court.

This time, the ATR/BPN Land Office was also dragged as a defendant. At that time, PT Cihuni Mas won the lawsuit.

"The case obtained permanent legal force at the appeal level in 2019 and PT Cihuni Mas as the party that won the case," said Airlangga.

Until 2020, the Ministry of PUPR sought new evidence (Novum) to file an extraordinary legal review.

This novum is in the form of a map of the first Tangerang edition 1942 which was found at the Office of the Indonesian National Archives and submitted in legal review in June 2022.

"The review has been decided in December 2022. With the decision to grant the request for reconsideration," he said.

Through Supreme Court Decision Number 1284 PK/Pdt/2022 dated December 22, 2022, the Panel of Judges granted the PK request from the Directorate General of Natural Resources of the Ministry of PUPR and canceled the Banten High Court Decision Number 60/PDT/2019/PT BTN dated July 12, 2019, which declared PT Cihuni Mas' victory.

On the same occasion, the Director of Civil Servant Jamdatun at the Attorney General's Office, Hermanto as the attorney said, Situ Cihuni is a state asset.

Its function is also clear based on a number of laws and regulations, both covered by the center and the regions, which must be protected.

"In the decision stated that Situ Cihuni is a natural area, Cisadane river basin (DAS), part of the drainage system and is included in a protected area, where its existence is reflected in the map of Tangerang in 1942," he said.

Hermanto added that Situ Cihuni is a water source that functions as a flood control system and is included in a protected area, so that activities that are allowed in the area are limited.

"With the Judicial Review decision, the Jamdatun state attorney team of the Attorney General's Office has succeeded in restoring state assets, and affirming the status of Situ Cihuni which is the object of a dispute as a Situ as clearly regulated in the applicable regulations," he added.

For your information, Situ Cihuni is located in Pagedangan District, Tangerang Regency. This area has an area of 32.34 ha with a volume of about 7,500 m3.

After the government officially wins, the Ministry of PUPR will take a series of recovery steps that begin with the installation of announcement boards.