Legal Expert Says Managers Don't Have The Right To Empty Shophouses In Pademangan

The expert witness provided information in the trial/ Photo: IST

JAKARTA - A number of residents of Ruko Marinatama Mangga Dua (MD) Pademangan, North Jakarta complained about the intervention in the form of a shophouse emptying letter sent by the management, namely Inkopal.

According to residents, this should not happen because the legal process is currently ongoing at the Jakarta Administrative Court regarding the request to cancel the Certificate of Use Rights (SHP) and clarity on the Building Use Rights Certificate (SHGB).

The attorney for 42 residents of the Pademangan MMD Ruko, Subali, emphasized that if Inkopal continued to carry out the execution of the shophouse emptying on December 31, 2025, then the act was considered to have violated the law.

"Yes, it is a violation. It is a violation. Inkopal does not yet have proof of ownership, the fact that the proof of ownership lies with the Defense Minister. In fact, the two residents have proof of ownership, certificate. Only the certificate issued is not a BPN but is an Inkopal. (certificate) There is a right to use, only the certificate is Inkopal. This is precisely where the resident has legal standing, "said Subali in a statement received, November 27, 2025.

Subali said that the execution of the emptying of the shophouse could not be carried out without an SP letter from the Court.

"We are a state of law, yes, it should be without an SP letter from the general court that cannot be executed," he said.

Subali said, legally, Inkopal does not have the power over the object of the land.

According to Subali, currently the object of the land is a certificate on behalf of the Minister of Defense, not another party.

"That's why from the start we always accompanied residents to be able to mediate. The simplest thing is to ask for an audience for the future and sustainability of residents who are in Rukan Marinatama," he said.

Meanwhile, the coordinator of the residents of the PMD Pademangan shophouse, Wisnu Hadikusuma, said residents would meet with the Ministry of Defense to discuss land use rights issues in the area.

"Alhamdulillah, we received an audience with the Ministry of Defense this Friday. We will bring all the required documents and ask the Minister of Defense for the attention of this case," said Wisnu.

He said that today he had just finished attending a trial at the State Administrative Court to test the certificate issued by the Main Navy Cooperative (Ienkopal) in the form of rights to use for shop houses and offices on land owned by the Minister of Defense (Ministry of Defense).

According to him, the trial on Wednesday, November 26, 2025, presented a legal expert from the University of Indonesia, Dr. Arsin Lukman, who explained that Inkopal did not have the authority to dispute because it was not the rightful owner of the shop area and the office where he and hundreds of people run their business.

"So we want to hold an audience and complain about our fate to the Minister of Defense. Hopefully there will be a solution in the meeting later," he said.

In addition, in the trial, the Ministry of Defense's attorney in the trial focused on the lease agreement between residents and Inkopal. Even though his party entered into a sale and purchase agreement, not rent.

He admitted that he and his colleagues were trapped in this problem because they bought shop houses and offices but only had certificates issued by Inkopal not from the State Land Agency (BPN).

"We want to straighten this out and ask the Minister for special attention," he said.

He said that as a resident representative, he hoped that there would be mediation efforts with the Ministry of Defense as the holder of the asset rights.

So far, according to him, Inkopal as the owner of these assets even though they are the manager and full power is at the Ministry of Defense.

"We sincerely ask the Minister of Defense to accept us to sit down together to discuss our fate in the future," he said.

He said he had written three times and asked to meet himself because at that location there were hundreds of shophouses that opened businesses to support their employees and families.

"I have been selling here for 25 years and one shophouse employs five to 10 employees. If this is immediately closed, it will certainly make the economy of thousands of people affected," he said.