Former Chief Justice of the Supreme Court Bagir Manan: Immediate Execution of the Sultan Hotel Should Not Be Forced

JAKARTA - Former Chairman of the Supreme Court of the Republic of Indonesia, Bagir Manan, questioned the feasibility of the immediate implementation of the decision in the Sultan Hotel case. According to him, a very complex case involving land, building, investment rights, and the relationship between the state and citizens should not be treated as a simple case that can be immediately executed.

Bagir conveyed this view at the launch of the book "Pontjo Sutowo: Jihad Melawan Ketidakadilan" at the Sultan Hotel Jakarta, Saturday, June 13, 2026. The event also featured former KPK Chairman Abraham Samad, former Constitutional Court Chairman Hamdan Zoelva, former General Chairman of PP Muhammadiyah Din Syamsuddin, and Pontjo Sutowo.

Bagir explained that the immediate or enforceable decision on stock is an extraordinary legal instrument. Such a decision is usually given if there are very urgent circumstances and the direction of proof in the case is really clear.

However, after listening to the explanation regarding the dispute over the Sultan Hotel, Bagir actually saw that the case was very complex and contained various legal issues that were interrelated.

"Complex matters between the state and citizens should not be treated as simple matters that can be resolved through immediate decisions," said Bagir Manan.

According to Bagir, the complexity of the Sultan Hotel case raises reasonable questions about whether the case really meets the requirements to be decided and implemented immediately. He also assessed that all legal processes that are still running should be respected before final and difficult to recover actions are taken.

Bagir reminded that the state's authority to control resources for the prosperity of the people is not unlimited. State action against citizens' rights can only be justified if there is a clear public interest, abuse of rights, interference with public order, or other legal basis.

"From the various explanations I have heard, I have not seen any circumstances that indicate that the holder of the right has abused his rights. I also haven't seen any urgent public interest or extraordinary public order reasons," said Bagir.

He emphasized that rights obtained legally according to law should not be terminated arbitrarily.

"Rights obtained legally according to law should not be terminated without a clear public interest reason, without abuse of rights, and without protection of the basic rights of the right holder," said Bagir.

Former KPK Chairman Abraham Samad delivered a harsher view. He assessed that Pontjo Sutowo had faced what he called criminalization by government officials in the Sultan Hotel case.

"Pontjo Sutowo was criminalized by government officials. The people must fight against the tyranny of the rulers," said Abraham Samad.

Samad assessed that the case was not only about the interests of one entrepreneur, but also about protecting citizens from the use of authority that was considered unfair.

Meanwhile, the former Chairman of the Constitutional Court and Legal Counsel of PT Indobuildco, Hamdan Zoelva, outlined a number of fundamental legal issues in the Sultan Hotel dispute.

First, Hamdan questioned the entry of PT Indobuildco's land into the Management Rights area without the release of rights and payment of compensation. According to him, if the release of rights and compensation has never been carried out, then the acquisition of these rights should be questioned legally.

Second, Hamdan emphasized that the Management Rights or HPL are not ownership of land. HPL is the transfer of state authority to certain institutions to manage state land.

"HPL is not a land right as the Right of Ownership, HGU, HGB, or Right of Use. HPL is a management authority. Therefore, HPL cannot be treated as if it were a property that automatically defeats other rights," said Hamdan.

Third, Hamdan questioned the order to hand over the Sultan Hotel building to the state. According to him, Indonesian agrarian law recognizes the horizontal separation principle, namely that the owner of the land can be different from the owner of the building.

"Even though the land is considered to be above the HPL, the Sultan Hotel building was built by PT Indobuildco with its own investment which is worth trillions of rupiah. The building does not automatically belong to the HPL holder," said Hamdan.

Hamdan emphasized that all buildings of the Sultan Hotel were built with the investment of PT Indobuildco, not using state funds and not through the Build, Operate, Transfer or BOT scheme.

Therefore, according to Hamdan, the handover of buildings without compensation is contrary to the principle of horizontal separation and protection of legally acquired property rights.

Fourth, Hamdan questioned the basis for charging royalties of around 45 million US dollars. He stated that there had never been an agreement or agreement that gave rise to the royalty obligation.

"There has never been a royalty agreement and there has never been an agreement to pay royalties. Then what is the legal basis for determining the figure of 45 million US dollars?" said Hamdan.

Hamdan also highlighted the implementation of the immediate ruling. According to him, the first-instance ruling can still change at the appeal, cassation, and review levels. Therefore, the Supreme Court has set strict conditions, including guarantees from the execution applicant.

"The decision of the District Court is not necessarily a final decision. Therefore, the guarantee of execution is an important protection so that no new injustice will arise if the decision changes," he said.

Hamdan assessed that the principle of caution had not been implemented as it should be in the Sultan Hotel case.

"This matter is not merely a land or administrative dispute. This is a matter of justice, legal certainty, and protection of the rights of citizens in a legal state," said Hamdan.

Former Chairman of the General Association of Muhammadiyah Din Syamsuddin expressed his support for Pontjo Sutowo and considered the Sultan Hotel case as a real form of injustice.

"I and many of us support Mr. Pontjo Sutowo for the injustice he has faced, especially regarding the right to land and the Sultan Hotel which was given by the state, but now wants to be confiscated just like that," said Din.

Din assessed that the immediate decision that served as the basis for the execution should be rejected if the requirements were not met. He asked law enforcement agencies to act fairly and urged President Prabowo Subianto to intervene.

"I appeal to President Prabowo Subianto. I believe that he is a patriot who is committed to justice and will intervene and immediately resolve this issue," said Din.

He also reminded that the imposition of the execution could potentially cause public anger, especially if the assets and business of the Sultan Hotel were then handed over to another party.

"If injustice is imposed on the basis of power, I believe the people will not stay silent," said Din.

Din asked that the case not be allowed to re-open old wounds related to the dichotomy of indigenous and non-indigenous amid the economic inequality still felt by the community.

"Don't let the rights of national entrepreneurs who have invested for decades be taken illegally, then handed over to another party illegally. This can create new problems," he said.

The owner of PT Indobuildco, Pontjo Sutowo, said the launch of the book was part of the struggle against injustice that was not only related to the Sultan Hotel case.

"Today we are launching the book 'Jihad Against Injustice'. In the case of the Sultan Hotel, there are many irregularities that we feel are acts that ignore justice," said Pontjo.

According to Pontjo, injustice will not stop if the community chooses to be silent.

"Injustice should not be allowed to continue. We must strive to fight against it. Without a serious resistance, without jihad, injustice will not stop. It is our duty to fight against injustice," said Pontjo.

The sources agreed that the plan to execute the Sultan Hotel on June 18, 2026 should not be imposed before all legal issues, conditions for immediate decisions, building rights protection, investments, and the rights of affected parties are fully resolved.

They asked the country to prioritize caution, respect the legal process that is still ongoing, and open up space for negotiations and fair settlements.