DKI Submits Appeal After Losing Lawsuit For Closing Of Golden Crown Discotheque

JAKARTA - The Jakarta State Administrative Court (PTUN) won the lawsuit of PT Mahkota Aman Sentosa (MAS) as the owner of the Golden Crown Discotheque which was closed by the DKI Provincial Government.

The Jakarta PTUN ordered the DKI Jakarta Investment and One-Stop Integrated Service (PMPTSP) Office as the defendant to revoke the letter for closing the night entertainment venue in the West Jakarta area.

"Require the defendant to revoke the Decree of the Head of the One Stop Investment and Integrated Service Service regarding the Revocation of the PT MAS Tourism Business Registration Certificate on February 7, 2020," said the verdict quoted by VOI on the official website of PTUN Jakarta on Thursday, July 2.

Responding to this, the Head of DKI Legal Bureau Yayan Yuhanah said that his party would fight back by filing an appeal. The DKI Provincial Government has not decided to return the operating license to the Golden Crown.

"We will appeal (to the High State Administrative Court)" Yayan said in a short message.

It is known, in his decision, the Chairperson of the Jakarta State Administrative Court Judge Joko Setiono granted all claims submitted by PT MAS on June 30, 2020. Joko assessed that the DKI Jakarta Provincial Government did arbitrarily (willekeur) in the closing of the Gilden Crown.

This is because the DKI Provincial Government has violated Article 38 paragraph (2) letter t of Gubernru Regulation Number 18 of 2018 concerning the Implementation of Tourism Business.

"Mutatis mutandis also violates the general principles of good governance, particularly the principle of legal certainty, namely the principle in a state of law that prioritizes the basis of statutory regulations," said Joko.

"Therefore, logically, the act of using drugs outside the nightclub is beyond the management's ability to supervise if a transaction and / or use / consumption of narcotics and psychotropic substances occurs," he added.

The cause of this lawsuit begins with the DKI Provincial Government's decision to revoke the PT MAS Tourism Business Registration Certificate (TDUP) as the owner of the Golden Crown discotheque business.

This is because there were findings of hundreds of visitors who positively used drugs based on the results of raids by the Jakarta National Narcotics Agency. A total of 184 visitors were subjected to urine examinations at the beginning of the year. As a result, there were 107 positive people for the type of methamphetamine and ecstasy drugs, with details of 63 men and 44 women.

Head of the Tourism and Creative Economy Office, Cucu Ahmad Kurnia, stated that as of Friday, February 7, the Golden Crown discotheque was declared no longer allowed to operate.

"TDUP has been officially revoked. As of February 7, 2020, the Golden Crown discotheque is confirmed to be no longer active," said Cucu, Friday, February 8.

According to him, when there is a drug discovery, it means that there is negligence on the part of the management. "What is clear is that this was a breach of management. They actually had to do body checking, but they did not," said Cucu.

The management's obligation to supervise drug use is stated in the Governor of DKI Regulation Number 18 of 2018 concerning the Implementation of Tourism Business.

In Article 38, it is mandated that every tourism entrepreneur is obliged to monitor and report in the event of a transaction and or use / consumption of narcotics and other psychotropic substances in the environment.

Then, in Article 54 Paragraph (1) it is stated that every tourism company management proven to have allowed the circulation, sale and use of narcotics and / or other psychotropic substances at the location where the tourism business is carried out in 1 (one) management shall revoke the Tourism Business Registration Certificate ( TDUP) directly.

PT MAS did not accept it. They sued at the State Administrative Court and asked the DKI Jakarta Provincial Government to immediately revoke the Decree of the Head of the PMPTSP Service Number 19/2020 concerning the Revocation of PT Mahkota Sentosa Aman's Tourism Business Registration Certificate.

Because, according to PT MAS, visitors do not use and get drugs in the Golden Crown discotheque. These visitors have used drugs first before entering the discotheque.