Unfortunately The Fate Of Apartment Buyers Who Become Suspects Of Alleged False Pledge

Trial of the case at the South Jakarta District Court. (IST)

JAKARTA - A woman named Ike Farida may not have thought that her move to buy an apartment unit turned out to be tragic. A unit of Casa Grande Residence Apartment in Kasablanka, South Jakarta, which was bought in 2012, has also been paid off, but the developer did not give his rights. In fact, he reported it to the police on charges of false oaths.

PT Elite Prima Hutama, an apartment developer, sued Ike Farida on charges of committing a false oath. From this report, he became a defendant in the alleged false oath case at the South Jakarta District Court. This case was tried at the South Jakarta District Court (PN) on Monday, October 7, 2024.

For this case, the defendant Ike Farida was accompanied by her attorney, Kamaruddin Simanjuntak, and the team. In his memorandum of objection or exception, Ike Farida's party denied the prosecutor's indictment.

Kamaruddin Simanjuntak said that the novum proposed during the PK had indeed been used at the District Court and High Court levels. However, Kamaruddin said the novum was filed by Ike's previous attorney, before he held this case.

"It was used at the District Court and High Court. But the applicant is the power of attorney (previously). His attorney is a legal master. It was the fault of his legal master. We have submitted this legal scientist in Peradi, and then he will be sanctioned with the code of ethics," said Kamaruddin.

As is known, at the previous trial Monday (23/9/2024), the Public Prosecutor (JPU) stated in his indictment that the defendant had consciously learned that the Novum in the form of the Jakarta BPN Letter on November 27, 2015 had been used at the 2015 South Jakarta District Court level, but the defendant continued to include the BPN letter as a novum in the application for reconsideration. Before the application was submitted, the defendant had read and agreed by giving the initials, then his attorney applied as a novum.

Demo Action

Before the trial was held in the evening, there was a demonstration from elements of society on behalf of the Legally Concerned Youth Alliance (APPIH). They performed in front of the South Jakarta District Court.

The masses asked the Panel of Judges who handled this case to lead the trial in a professional and impartial manner. "We are here from the Legal Care Youth Alliance to oversee this case completely. We hope that the Panel of Judges will side with the truth and not be influenced by the pressures and opinions developed by the defendant and his power," said Hasrullah, coordinator of the action at the location.

Hasrullah claimed that his party had been guarding this case from the start. According to him, the defendant was suspected of having actually given a false oath by ordering his power of attorney regarding new evidence or novum during a judicial review (PK) at the Supreme Court (MA).

"In our opinion, when we investigated this case, it turned out that the evidence given in the PK had been used at the appeal and cassation level, where he violated his own oath," said Hasrullah.

On the other hand, a number of Ike Farida supporters were also present at the South Jakarta District Court. They wore a red t-shirt that reads "Just For Ike Farida".

Case Chronology

This case started in 2012 when Ike Farida bought a Casa Grande Residence apartment unit from PT Elite Prima Hutama. Even though it has been paid IDR 3 billion, the developer has not provided any correspondence (PPJB and AJB apartments).

The reason the developers did not issue PPJB and AJB apartments was because Ike Farida was married to a foreign national. The applicable law requires a property separation marriage agreement for Indonesian citizens who are married to foreigners, in this case the accused's husband is a Japanese citizen. When buying an apartment to a developer in 2012, the agreement did not exist.

Ike then sued PT Elite Prima Hutama on suspicion of default. In the first instance court (state court), he lost, also in the high court. Only in Peninjauan Kembali (PK), Ike won.

But this is where the developer found flaws. They considered Ike suspected of committing a false oath. Ike's attorney filed the novum which was allegedly used in previous trials (PN and PT). For this act, Ike was reported on suspicion of giving a false oath.

The case made Ike named a suspect and is now a defendant who faces up to seven years in prison.

In addition to undergoing a judicial process at the South Jakarta District Court, Ike also complained to the Indonesian Ombudsman, Kompolnas, Komnas HAM, Komnas Perempuan, Indonesian Police Watch, DPR RI, even the Indonesian Ministry of Law and Human Rights and the President of the Republic of Indonesia.