Sato Kudus Hotel IMB Lawsuit, Semarang Administrative Court Holds Location Session

Hotel Sato in Jalan Pemuda Kudus, Central Java. ANTARA/Akhmad Nazaruddin Lathif

SEMARANG - The judges of the State Administrative Court (PTUN) of Semarang held a location trial or examination of the lawsuit for the building permit (IMB) of the Sato Hotel on Jalan Pemuda Kudus, Central Java. The IMB was issued by the Regent of Kudus.

The location trial will take place at the Sato Hotel on Friday, July 1st. The location meeting also targeted the houses of residents who were affected during the construction of the hotel.

The location trial was led by the presiding judge of the Semarang Administrative Court Singgih Wahyudi from 08.00 to 10.30 WIB which was attended by the plaintiff, the defendant's representative from the Legal Division and the hotel's attorney.

Singgih Wahyudi in Kudus revealed that his party investigated according to the procedural law. Prior to the examination of witnesses, his party checked the location. The results of the trial at this location, he said, would be presented in the trial during the examination of witnesses.

After this location trial, a trial will be continued at the Semarang Administrative Court with the agenda of examining evidence from the defendant and witnesses from the plaintiff on July 13, 2022.

Budi Supriyanto, who is the attorney for the resident whose house was allegedly damaged by the construction of the hotel, admitted that the lawsuit against the IMB issued by the Kudus Regency Government was filed with the Semarang Administrative Court after his client's claim against the hotel owner to restore the building to its original condition was rejected by the Kudus District Court.

After undergoing several trials at the Semarang Administrative Court, then a local examination hearing was continued after the trial of the lawsuit against the hotel IMB which was filed in 2017 covering an area of 266 square meters with five floors.

However, the construction is actually in accordance with the land area of 390 square meters and the floor is six floors so there are administrative violations.

"We tested, if it turns out that the physical development is with an IMB, the permit must be revoked in accordance with the building regulations and the regent's regulations. However, instead of being revoked, there is currently a new IMB permit with a seven-story building," he said in Ditat Antara.

Whatever the reason, development without commensurate lines, he said, should not be allowed. The new IMB was issued by the Kudus Regency Government on March 29, 2022.

Regarding the supervision from the Kudus Regency Government, he said, the Semarang Administrative Court panel of judges also asked the representatives of the Kudus Regency Government, which they answered with hesitation. Another question relates to whether there is a warning letter or not.

With the emergence of a new IMB, his party will file another lawsuit with a new lawsuit at the Semarang Administrative Court related to the administrative order, while the previous lawsuit in the Kudus District Court was between three residents whose houses were damaged due to the impact of the construction of the Sato Hotel.

However, the panel of judges at the Kudus District Court rejected the claims of three residents whose houses were varied due to the impact of the construction of a multi-storey hotel because the plaintiff's claim did not meet the formal requirements.