JAKARTA - The lawyer for PT Indobuildco, Hamdan Zoelva, considers the plan to execute the emptying of the Sultan Hotel Area to have no valid legal basis and has the potential to violate the provisions of laws and regulations. He emphasized that the step was premature because the legal process was still ongoing and there was no final ruling.
"The plan for the evacuation has no valid legal basis. The legal process is still ongoing, so the execution is clearly premature," Hamdan said in a statement in Jakarta, Friday, January 30.
Hamdan also criticized the statements and attitudes of the Secretary of the State Secretariat Ministry who were considered as having the authority to order the evacuation. According to him, this action is provocative and puts the executive as if carrying out a judicial function.
He explained that in the civil case between PT Indobuildco against the Minister of State Secretary of the Republic of Indonesia and related parties, there was indeed an immediate and anmaning decision from the Central Jakarta District Court. However, according to him, the decision was legally flawed and could not be implemented.
Hamdan explained that the immediate ruling was not based on the previous civil judgment which had the force of law regarding the ownership status of HGB No. 26/Gelora and HGB No. 27/Gelora and the buildings on it. Therefore, he considered that the ruling was contrary to the provisions of Book II of the Supreme Court and the Supreme Court Circular (SEMA) Number 3 of 2000.
In addition, he said that the execution was carried out without the deposit of a guarantee money worth the object of dispute as required in SEMA Number 4 of 2001.
"The determination of an admonition without guarantee is clearly defective in procedure. It cannot be implemented legally," he said.
On the other hand, PT Indobuildco has also filed an appeal and will take a number of other legal efforts, including third-party resistance lawsuits (derden verzet). Thus, the case is considered not yet legally completed.
Hamdan asked the Ministry of State Secretariat to respect the judicial process and refrain from unilateral steps until there is an inkrah ruling.
He added, in the state business affairs case, the Jakarta State Business Court (PTUN) through Decision Number 221/G/2025/PTUN.Jkt dated December 3, 2025 has declared the order of emptying and royalty collection to PT Indobuildco to be null and void.
"The PTUN's decision confirms that administrative actions in the form of eviction orders and royalty collection do not have a strong legal basis," he said.
According to Hamdan, his client is not fighting against the state, but rather fighting for justice over the actions of the GBK manager and the Minister of State Secretary. He emphasized that the right to land with a Management Right (HPL) status does not mean ownership.
"The authority over HPL is limited to managing and taking care of it, not owning it. In principle, the state is not the owner of the land," he said.
PT Indobuildco, he continued, will continue to pursue all available legal efforts to protect the company's rights and ensure that legal certainty and justice are maintained.
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