JAKARTA - Commission A of the DKI Jakarta DPRD received an audience from Dr. Fahri Bachmid & Associates at the DKI Jakarta DPRD Building, Monday 10 November. The meeting was chaired by Commission A Chairman Inggard Joshua, accompanied by members of Inad Luciawaty and Mohamad Ongen Sangaji.
The audience was conducted to follow up on a request for clarification regarding the implementation of court decisions as well as facilitation and technical coordination between the heirs and Perumda Pembangunan Sarana Jaya.
During the meeting, Fahri as the attorney for the heirs of the deceased Hj. Fatmah Abdullah Hariz explained the chronology of the agreement for the handover of land rights between Sarana Jaya and her client on November 26, 1997.
The land area of about 1,936 square meters on Jalan Pondok Kelapa Raya, East Jakarta, was handed over by Sarana Jaya, represented by Ir. Udin Abhimanyu, to Hj. Fatmah Abdullah Hariz.
According to Fahri, the agreement means Sarana Jaya guarantees that if later demands appear from other parties, the responsibility will entirely rest with Sarana Jaya. However, in January 2004, the heirs reported that the land had been controlled by another party, namely the heir of Buloh Bin Kenam.
On this matter, the heirs sued Sarana Jaya on suspicion of default. This case rolled out until the Judicial Review (PK) at the Supreme Court (MA). Based on the PK decision Number 69 PK/Pdt/2022 dated February 23, 2022, the Supreme Court granted the heirs' lawsuit and sentenced Perumda Pembangunan Sarana Jaya to pay compensation of Rp. 8.001 billion, plus interest 6 percent per year since the lawsuit was filed.
"The Supreme Court's decision is final and binding and must be fully implemented, including compensation and interest payments," said Fahri.
He assessed that Sarana Jaya had not been cooperative in following up on the decision. This attitude, said Fahri, could cause potential state financial losses. Based on the calculation, because payments have not been made until 2025, the value of Sarana Jaya's obligations is estimated to reach around Rp. 11.84 billion due to accumulated late interest rates.
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Fahri also reminded that negligence in carrying out court decisions that have legal force can still have criminal, administrative, and financial consequences. Among other things, the directors' personal responsibility based on Article 421 of the Criminal Code concerning abuse of power, violation of Article 28 of PP Number 54 of 2017 concerning BUMD, as well as potential examinations by the Inspectorate, BPK, or KPK if proven to cause state financial losses.
"Disobedience with court decisions not only violates the law, but also injures the principles of governance and management of public assets," said Fahri Bachmid.
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