MA Cancels IMB Hotel Sato Kudus Sued By Residents Because Construction Damages Houses

The Sato Hotel building, which is in the heart of the city of Kudus, is currently experiencing problems with building permits (IMB) following a lawsuit from local residents. BETWEEN/Akhmad Nazaruddin Lathif.

The Supreme Court canceled the permit to establish the construction (IMB) of the Sato Hotel issued by the Kudus Regency Government (Pemkab) through the Investment Office and One Stop Integrated Service (PMPTSP) of Kudus Regency, Central Java.

"Our client's efforts, Benny Gunawan Ongkowidjojo, have received justice for the building where he lived was damaged due to the construction of the Sato Hotel through a request for a review (PK) to the Supreme Court, finally it was decided that the IMBHotel Sato issued by the Kudus Regency Government was canceled by the Supreme Court," said Attorney for Plaintiff Budi Supriyatno as reported by ANTARA, Thursday, February 1.

He revealed that the Supreme Court's decision regarding his client's PK submission was dated December 15, 2023.

In this decision, the judge granted the plaintiff's claim in its entirety, then declared the decision of the Head of the Kudus Regency PMPTSP Service Number 644/106/15.04/2022 regarding the building permit on March 29, 2022.

The PK effort, he said, was the last and final legal effort.

With the PK decision, in accordance with the provisions of the law, every building canceled according to Article 39 of the building can be demolished if it is not functional and it is impossible to repair it, it can cause danger, and does not have a building permit because it is revoked and canceled.

"So that the Kudus Regency Government can make forced efforts to demolish the building, so that it is currently the responsibility of the local government because it is related to enforcing regional regulations against unlicensed buildings," he said.

Meanwhile, Benny Gunawan Ongkowidjojo, whose house building was badly damaged due to the construction of the Sato Hotel, revealed that with the PK decision, the operation of the Sato Kudus Hotel should have been closed.

"Because it does not comply with the rules, of course it must be dismantled," he said.

A similar statement was also made by Beni Junaidi, whose house was also affected by the Sato Hotel building so that hotel operations were closed and buildings were demolished.

The hotel IMB dispute case originated from the absence of a meeting point between the hotel owner and the owner of a nearby building that was badly damaged. So the owner of the building filed a lawsuit starting from the Kudus District Court, the Semarang State Administrative Court (PTUN), to the Surabaya State Administrative High Court.

Because the plaintiffs had not yet received a sense of justice, they finally submitted a PK to the Supreme Court after at the level of the Surabaya TUN High Court there were no results.

As a result of the construction of the hotel, two houses that were right next to the hotel were damaged, starting from the floor cracked, the roof of the house was also damaged due to falling objects from the hotel construction activities. Beni Junaidi's two-story house, which is adjacent to the hotel wall, appears to be cracked and the window glass frame is also not accurate anymore.

Head of the Investment and One Stop Integrated Service of Kudus Regency, Harso Widodo, revealed that his party would report the Supreme Court's decision to its leadership.

"We will of course carry out the decision set by the Supreme Court," he said.