Dispute Object Changed, Execution of Sultan Hotel Violates Law
JAKARTA - The Legal Team of PT Indobuildco stated that the plan to execute the Sultan Hotel area cannot be implemented legally because the object of the dispute has changed. This was conveyed in a press conference held on Monday, March 16 in Jakarta, after the constatering or matching of the object of the dispute in the field.
The Legal Representative of PT Indobuildco, Hamdan Zoelva, explained that from the results of the local examination, there was a discrepancy between the land objects listed in the case and the actual conditions on the ground.
The land with Sertipikat HGB No.26/Gelora and HGB No.27/Gelora in the name of PT Indobuildco is recorded to have a different area from the object which is now referred to as the basis for execution.
According to Hamdan, from the results of matching objects in the field it was found that the land area that was the object of dispute had been reduced by about 4.5 hectares compared to the area stated in the case document.
"These extensive changes show that the object to be executed is no longer identical to the object in the court's decision," said the former Constitutional Court Chief.
In addition to the wide changes, the legal team also found that some of the land areas that are the object of dispute are no longer entirely under the control of PT Indobuildco.
The results of the examination showed that some areas had been recorded as owned by the DKI Jakarta Provincial Government and some others by other parties.
Hamdan explained that in civil procedure law, clarity regarding the limits, extent, and ownership of the object of dispute is an absolute requirement for the implementation of the execution. If the object referred to in the decision is different from the object found in the field, then the execution of the decision cannot be carried out.
He also referred to the Supreme Court's jurisprudence which states that if after the local examination it turns out that the land in possession is not the same as the boundaries and area mentioned in the lawsuit or decision, then the case cannot be implemented. This condition in law is known as obscuur libellum, which is an unclear object of the case.
"If the object to be executed has changed in terms of its area and ownership, then the execution is legally flawed and cannot be carried out or non-executable," said Hamdan Zoelva.
PT Indobuildco emphasized that it would continue to fight for legal certainty over the Sultan Hotel area through the applicable legal channels. "We respect the legal process, but the law must also be enforced fairly and objectively. Execution should not be imposed if the object is unclear and does not comply with the court's decision," concluded Hamdan.