JAKARTA - The Ministry of Maritime Affairs and Fisheries (KKP) has won a 4.2 hectare land dispute lawsuit on which the Fisheries Business Expert Polytechnic (AUP) stands on Jalan AUP Barat, RT.1/RW.9, Jati Padang, Pasar Minggu, South Jakarta. .
In a press release from the Secretary General of the KKP Antam Novambar, this decision refers to the decision of the South Jakarta District Court Judges on November 22, 2021.
This dispute stems from a lawsuit by 58 Moertadi bin Naib's heirs over a piece of land on which the Fisheries Business Expert Polytechnic (AUP) stands. This Polytechnic is an educational institution managed by KKP.
There are five parties who are defendants, namely the Minister of Maritime Affairs and Fisheries, the Fisheries College which is now known as the AUP Polytechnic, the Minister of Agriculture, the Minister of Agrarian Affairs and Spatial Planning/National Land Agency, and the Minister of Finance.
"Alhamdulillah, the case has been decided, and the panel of judges decided to grant the exception that we conveyed together with other ministries. The panel of judges also stated that the South Jakarta District Court was not authorized to hear the civil case of the lawsuit," said Antam, Monday, December 20.
KKP together with other ministries that are defendants, managed to save state assets worth IDR 202 billion which could potentially be lost if the lawsuit is granted by the court.
"We have also saved one of the KKP icons, which has produced thousands of fishery expert graduates," Antam added.
This is the second time the panel of judges has rejected the lawsuit, because in 2018 the heirs filed the same thing.
At that time, the plaintiff asked the KKP to pay compensation for the use of the land in the amount of IDR 586 billion, and required the KKP to buy the land at a price of IDR 15 million per square meter if he wanted to continue using the land.
The Head of the Legal Bureau of the KKP, Tini Martini, explained that there were two things that were considered by the panel of judges in deciding to reject the lawsuit filed by the plaintiff.
The first consideration is that the actions of Defendant I (Minister of Maritime Affairs and Fisheries) and Defendant II (Polytechnic AUP) controlling the object of the lawsuit are government administrative actions that are not civil in nature because they both control the object of the lawsuit from Defendant III (Minister of Agriculture) due to changes in the organizational structure of the Directorate General Fisheries, the Ministry of Agriculture (Ministry of Agriculture) became the Ministry of Marine Affairs and Fisheries.
The second consideration is that the abolition of the object of the lawsuit as State Property requested by the Plaintiff in its Petitum must be carried out with a Decree of the State Property Manager. This shows that the Plaintiff's lawsuit is the domain of the State Administrative Court.
"One of the decisions of the panel of judges also punishes the Plaintiffs to pay the court fees jointly and severally in the amount of Rp3,750,200," said Tini.
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