JAKARTA - The West Java Provincial Government (Pemprov) considers that there is injustice in the decision of the Bandung State Administrative Court (PTUN) on the land status dispute case of SMAN 1 Bandung on April 17, 2025.
"In our opinion, this is an unfair decision. There must be something we are considering because this is related to the public interest, namely schools. Then if we look at the existing legal provisions and facts, it must be balanced," said Legal Analyst of the Legal Bureau of the West Java Provincial Secretariat Arief Nadjemudin, in Bandung, Friday, April 18, confiscated by Antara.
Arief said that his party had submitted clear evidence, including from the Bandung City Land Office/BPN.
"The certificate is legally issued, there are no problems,"
In fact, according to him, when viewed from the legal standing of the plaintiff, namely the Christian Lyceum Association (PLK) doubts because this association claims to be a continuation of Het Christelijk Lyceum (HCL) which was active during the Dutch colonial period.
"HCL has already been disbanded, but how come there are successors, logically, if an association is dissolved, the period will continue, especially since this association has long been disbanded," he said.
Furthermore, according to him, the legal logic of the decision was quite strange because the plaintiff (Christian Lyceum Association) demanded Defendant I (BPN Land Office/BPN Bandung City) to extend the HGB certificate of the plaintiff which ended around 1980.
"Those are all the rules that are no longer included according to legal logic, while our 90 year certificate is clear that it is valid," he said.
He added that at the time of the trial the panel of judges did not review, but he revealed that during the trial his party conveyed several facts about the trial related to falsification of the deed of association from the plaintiff.
"Several facts have been revealed that the PLK has committed a criminal act of falsifying the deed of association and has been convicted, there is one of its administrators," he said.
Previously, the Bandung Administrative Court won the Christian Lycheum Association in a dispute over the land status case of SMA Negeri (SMAN) 1 Bandung.
In the decision of the Bandung Administrative Court with Case Number 164/G/2024/PTUN.BDG dated April 17, 2025, the court decided to grant the lawsuit from the Christian Lycheum Association, and rejected the defendant's exception (Head of the Land Office/BPN Bandung City) and the intervention defendant (Head of the West Java Provincial Education Office).
"The trial, in the exception, stated that the exception of the Defendant and Defendant II Intervention was not fully accepted. In the subject of the dispute, they granted the plaintiff's claim in its entirety," wrote the Bandung Administrative Court decision quoted by ANTARA in Bandung, Friday morning.
In that decision, the court declared the certificate of use rights on behalf of the Department of Education and Culture, Cq. The West Java Provincial Office on the land was canceled, and ordered Defendant I, namely the Head of the Bandung City Land Office/BPN to revoke the document.
Then, the court also ordered the Head of the Bandung City Land Office to process the extension and issue a certificate of Building Use Rights on the land on behalf of the Plaintiff, namely the Christian Lycheum Association.
It is known, the Christian Lyceum Association (PLK) registered its lawsuit with number 164/G/2024/PTUN.BDG since November 4, 2024. PLK sued the Head of the Bandung City Land Office as the first defendant, as well as the defendant in intervention from the West Java Provincial Education Office (Jabar).
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