Forced To Empty The Sultan Hotel, Indobuildco Asks For The Protection Of The Coordinating Minister For Political, Legal And Security Affairs

Photo: Doc. Antara

JAKARTA - PT Indobuildco's attorney, Amir Syamsudin, admitted that he was surprised when he received information today, Wednesday, October 4, the Bung Karno Complex Management Center (PPK GBK) will visit to immediately vacate the Sultan Hotel, as well as put up banners that confirm that Block 15 is state property.

"I was shocked and surprised. How come PPKGBK did not send an official notification. I actually know from the media information," said Amir Syamsudin.

According to Amir, he and the management of the Sultan Hotel were shocked by the attitude of PPKGBK because Monday, October 2, 2023 or the day before the owner of Indobuildco, Pontjo Sutowo, had just met Machfud MD. Likewise with Indobuildco attorneys Amir Syamsudin and Hamdan Zoelva also just met with PPKGBK attorneys. Although there is no agreement, the meeting implies that there is hope towards a good solution for both parties. But the result is the opposite.

"This method will clearly violate our client's civil rights and is an act that violates the law," said Amir.

Regarding this unilateral action, the legal team of PT Indobuildco led by Amir Syamsudin and Hamdan Zoelva then wrote to the Coordinating Minister for Political, Legal and Security Affairs Mahfud MD. In the letter numbered 011/TKH-PTI/2023 dated October 3, 2023, PT Indobuildco as the manager of the Sultan Hotel asked for legal protection from the Coordinating Minister for Political, Legal and Security Affairs as well as ordered the Secretariat. PPKGBK to postpone or stop the steps against the law.

The letter stated that PT Indobuildco still has the right to manage the Sultan's hotel area for at least the next 2 years even though the HGB validity period has expired and the renewal request process is still ongoing. That, he said, was stated in Article 41 paragraph (2) PP No. 18 of 2021 which reads:

Applications for renewal of building rights are submitted no later than 2 years after the end of the building rights period.

"Based on the above provisions, even if the extension period of HGB No. 26/Gelora and HGB Np. 27/Gelora ends, but based on the HGB Law according to the prevailing laws and regulations the HGB can still be updated," Amir said in the letter.

The Indobuildco legal team also rejected the process of forced emptying by PPKGBK. This rejection was carried out on the basis that there was no court decision related to the HGB-HPL dispute at the Sultan Hotel which ordered the evacuation of the area.

"Based on the Review Decision, there was absolutely no emptying order for the Sultan Hotel area, and the decision did not cancel HGB No. 26/Gelora and HGB No. 27/Gelora, and if the decision (emptive) is to be carried out, then an order from the court is mandatory in the form of an Execution Determination from the District Court," the letter reads.

In point 8, it is also stated that PT Indobuildco opens a dialogue room to find the best solution regarding the settlement of the GBK land dispute where the Sultan Hotel was founded.

Separately, Indobuildco's attorney, Hamdan Zoelva, emphasized that although the land where the hotel stands is disputed, the hotel building and apartment complex that stands on it are 100% owned by PT Indobuildco. For this reason, it is necessary to discuss the fate of the hotel and other buildings.

"Our client opens space for negotiations and looks for the best solution for dispute resolution," said Hamdan.

The forced emptying that will be carried out by PPKGBK, according to Hamdan, violates the court's authority in judicial duties and violates human rights.

"This action will set a bad precedent for the judiciary and has never happened before in Indonesia. Of course this will damage the reputation of Indonesian law in the eyes of the world," concluded Hamdan.