Field Session, Judge Traces Origin Of Land Certificate Of DKI Provincial Government Dispute Allegedly Buying Own Land

JAKARTA - The panel of judges at the West Jakarta District Court, Toga Napitupulu, held a field hearing in the case of the alleged DKI Jakarta Provincial Government to buy their own land in Pegadungan, Kalideres, West Jakarta.

During the field trial, the Judge questioned the DKI Provincial Government as Defendant 1, regarding the origin of the SHGB certificate which had been changed to a certificate of use rights (SHP).

"Where did these housing SHGBs come from? Because it is impossible to refer to the SHGB belonging to the Tamara Green Garden (defendant 2) housing," asked the judge at the location, Friday, September 8.

However, the DKI Provincial Government Legal Bureau could not answer the Judge's question. He then submitted the question so that the question was asked to PT Tamara Green Garden as the defendant 2.

In addition, BPN as defendant 3 also cannot explain where the origin of the SHGB owned by PT Tamara Green Garden came from. This then caused irregularities, because BPN was the party that issued the letter.

"Later, we will assess that Defendant 3 cannot prove its origin. We are actually easy, not difficult," said Judge Toga.

On the other hand, PT Tamara Green Garden has resigned from this trial from the start. This raises allegations of juridical data which is the basis for the issuance of SHGB by Defendant 2 suspected of having procedural defects.

Meanwhile, the attorney from Achmad Benny Mutiara as the plaintiff, Madsanih Manong, said that the odd origin of the letter that was used as the basis for the issuance of SHGB was a point that upheld his client's lawsuit.

"This SHGB should have bought from SHM, certificates, or girik from the public, but he can't prove it. And we still have the original data, meaning that it hasn't been released. This is today's trial with new developments, strengthening the lawsuit from the plaintiff," said Madsanih.

In this case, the DKI Jakarta Provincial Government through the Jakarta City Parks and Forest Service (Distanhut) is suspected of buying its own land in Kalideres with a value of Rp54.57 billion.

This 6,312 land was purchased from the APBD allocation for the 2018 fiscal year. The land, which is used as green open space (RTH), was purchased by the DKI Provincial Government from the Puri Gardenia II housing developer, namely PT Tamara Green Garden.

In addition, the condition of the land purchased is still a dispute between the housing developer Puri Gardenia II and several heirs.

It was stated that part of the land was part of SIPPT 1910-1,711.5 dated 1992 on behalf of PT Tamara Green Garden. From this permit, PT Tamara Green Garden had to hand over its fasos fasum land to the DKI Provincial Government.

Another oddity, in the process of purchasing the land, was the absence of an appreciation process carried out by the KJPP as one of the conditions for land acquisition by the DKI Provincial Government.