The Sultan Hotel Dispute Session, HGB 26 And 27 Called Not Including HPL No. 1/Gelora

Hamdan Zoelva's attorney (ANTARA)

JAKARTA The trial of land dispute cases in the Sultan Hotel area at the Central Jakarta District Court reiterated that two areas of Sultan HGB No. 26/Gelora and HGB No. 27/Gelora belonging to PT Indobuildco stand on state land which is controlled directly by the state. Therefore, the land is considered not part of the Land of Management Rights (HPL) No. 1/Gelora as claimed by the government.

PT Indobuildco's attorney, Hamdan Zoelva, stated that the HGB was officially issued by the state in 1971.

"Our HGB comes directly from the state. If the government wants to put the land into HPL, it's not PT Indobuildco who has to pay royalties. In fact, Kemensetneg cq PPKGBK as HPL holder must first pay compensation to our clients," said the former Chief Justice of the Constitutional Court in a statement at trial.

Hamdan emphasized that the HPL Decree No. 1/Gelora of 1989 cannot immediately apply to PT Indobuildco's land without the process of granting rights and paying compensation.

"As long as the mechanism is not carried out, PT Indobuildco's rights remain valid," he said.

Regarding the issue of royalties mentioned by the government, Hamdan stated that this was misleading to the public. According to him, the term royalties are not known in the national land legal system. Royalti is a unilateral term. There is no legal basis. Payments that were made in 20032006 were only the implementation of the court's decision at that time, not the recognition of our land was above HPL," he explained.

He also said that the basis for withdrawing royalties had disappeared after the 2014 Criminal Review Decision (PK) canceled the criminal decision which was previously a reference for the 2011 Civil PK Decision. That way, according to him, there is no longer a legal basis for withdrawing royalties.

The position is clear: there is no royalty obligation for PT Indobuildco. In fact, Kemensetneg cq PPKGBK is obliged to pay compensation if you want to take over the land according to the mechanism in the HPL Decree," said Hamdan.

He closed his statement by emphasizing the importance of legal openness in this case. "The legal truth must be understood by the public. There should be no manipulation of the term or blurring of legal facts to build wrong opinions," he said.