The Execution of the Sultan Hotel is Questioned, Hamdan Zoelva Reports the Chairman of the Jakpus PN and PT DKI to the KY
JAKARTA - The lawyer for PT Indobuildco, Hamdan Zoelva, reported the Head of the Central Jakarta District Court and the Head of the DKI Jakarta High Court to the Judicial Commission regarding the plan to execute the Sultan Hotel area.
Hamdan said the report was submitted because his party considered that there was a violation of procedures in the execution plan requested by the Ministry of State Secretariat of the Republic of Indonesia together with the Bung Karno Gelora Complex Management Center.
"Today we filed a complaint with the Judicial Commission regarding the Sultan Hotel. What is being complained about is the Head of the Central Jakarta District Court and the Head of the DKI Jakarta High Court," Hamdan told reporters in Jakarta, Thursday, March 12.
He explained that the dispute case is currently still in the appeal stage and has the potential to continue to cassation. However, according to him, the court still processes the execution step at the request of the plaintiff.
"There is an immediate or enforceable decision on stock from the court that is currently in process. We are appealing at the appeal level and of course it can go up to cassation," he said.
"However, the district court imposed a request from the plaintiff, namely the Setneg, to carry out the execution first, even though this case is still in the appeal stage," continued Hamdan.
According to him, this step is not in line with the provisions in SEMA Number 4 of 2001 which regulates the implementation of immediate decisions.
"According to the Supreme Court Circular Number 4 of 2001, it is very clear that the immediate decision should not be implemented," said Hamdan.
He explained that the decision could only be carried out if the applicant for execution first deposited the bail money with the court.
"There it is emphasized that it can only be carried out if the execution applicant pays a guarantee to the court as a guarantee if the decision of the high court or cassation is different from the decision of the district court," he said.
Hamdan also assessed that there was unequal treatment before the law in the case.
"This is an unfair treatment, a treatment that is not the same," he said.
He gave an example that previously Indobuildco had also obtained an immediate ruling from the Central Jakarta District Court, but its implementation was rejected by the High Court.
"Now when the Setneg or GBK party submits it, it is accepted to be carried out. What is wrong with the court?" he said.
In addition, Hamdan said that there are currently a number of legal challenges related to the execution plan, including from the hotel management and tenants in the area.
"The resistance from Indobuildco itself, then from the hotel manager, and also from the tenants in the apartment," he said.
He emphasized that until now the execution had not been carried out, but the court had sent a warning letter or aanmaning to have the hotel area vacated voluntarily.
"It's not yet an execution, but there is an order to evacuate voluntarily and we refuse," he said.