Still Grieving Behind His Wife, Haji Halim Regrets PT GPU's Negative Narrative

Photo: Special

The leading entrepreneur of Palembang Kemas Haji Abdul Halim Ali said he was saddened by the conflict between one of his companies PT Sentosa Kurnia Bahagia (PT SKB) and PT Gorby Putra Utama (PT GPU). The 87-year-old Sentosa Group owner also regretted the decision of the Lubuk Linggau District Court which had convicted his two employees, Bagio Wilujeng and Djoko Purnomo on the same day his wife, Nyimas Hj. Aminah, 83, died on Wednesday, December 11.

The court is the place to seek justice. I am ashamed, I apologize to them -- Bagio and Djoko --. What's wrong with that?" said Haji Halim, who is still supported by the oxygen hose, was stuttering, when met after the tahlil event at his residence in Palembang, Friday, December 13, which was attended by a number of figures and officials such as Pangdam II/Sriwijaya Mapengusyjen TNI M. Naudi Nurdika, Acting (Pj) Governor of South Sumatra Province H. Elen Setiadi, Deputy Chair of the PKS faction at the DPR-RI Mohammad Iqbal Romzi, and many more.

"What is the basis for them being punished?" said Haji Halim, who was wearing a white koko shirt.

"They only carry out procedures. They have good intentions," he said.

Even, Haji Halim regretted the methods used by PT GPU by spreading a negative narrative regarding himself and his employees. Moreover, PT GPU did this while in mourning.

"Sir, don't do this. We have rules," said Haji Halim. "Please show me just one piece of land that I falsified (the document). There are (witnesses) sub-district heads, village heads, regents. Until now in court (the Supreme Court cassation decision) won, really."

Contacted separately, the attorney for two employees of PT SKB regretted the decision of the panel of judges at the Lubuk Linggau District Court, South Sumatra Province, who had convicted the two clients.

"The panel of judges has ignored the legal principles and facts of the trial," said Adnial Roemza, a team of attorneys for PT SKB from law firm Ihza & Ihza when contacted by telephone, Friday, December 13 evening.

As is known, the Lubuk Linggau District Court has sentenced Bagio and Djoko to two years in prison each. Both were found guilty of falsifying documents in the process of applying for Cultivation Rights (HGU) in the Musi Banyuasin (Muba) Regency, South Sumatra Province, during a trial on Wednesday, December 11.

Adnial said that the Lubuk Linggau District Court had ignored the legal fact that PT GPU did not have a legal basis for land ownership in the disputed location. Moreover, the ownership of the HGU in the name of PT SKB has been recognized and has permanent legal force in accordance with the Supreme Court's Cassation Decision Number 554 K/TUN/2024 dated December 2, 2024.

"If the judge wants to find material truth, he should not ignore the existing facts. Even though these facts have come recently," said Adnial.

The same thing was conveyed by Satria Narayya, also from the firm Ihza & Ihza, who became the attorney of PT SKB. He said that Bagio and Djoko only carried out land acquisition and submission of Cultivation Rights (HGU) based on consultation and direction and legitimacy of officials from the authorized agency, namely the Village Head of Sako Suban and Batanghari Leko sub-district.

So, the element of malicious intent (mens rea) which is at the core of this criminal case is not fulfilled.

"Legal uncertainty arising from regional boundary disputes should not be borne by them but is the responsibility of state administrators," said Satria.

He said there were indications of violations of the principles of the state of law as stipulated in Article 1 paragraph (3) of the 1945 Constitution.

Even so, the legal team of PT SKB stated that they respected the decision.

Meanwhile, regarding the accusation of engineering land documents and other documents as a condition for the issuance of the HGU as alleged by PT GPU to PT SKB armed with the Minister of Home Affairs Regulation (Permendagri) No. 76/2014, according to Adnial, is contrary to the laws and facts in the field.

Because, at the time of the Muba Regional Head Election (Pilkada) last November, SD Negeri (SDN) Sako Suban was used as a Voting Site (TPS). In fact, based on Permendagri No. 76/2014, the TPS is located in the North Musirawas Regency (Muratara).

"This shows that there is an administrative overlap that has an impact on the legal, social and political aspects of the region," said Adnial.

Separately, the Head of the Muba Regional Administration, Suganda, stated that, administratively, SDN Sako Suban entered the Muba area.

"But, when it comes to polling stations, it is the KPU's authority," said Suganda when contacted by telephone on Wednesday, November 27.

Meanwhile, when met in Sako Suban Village, Yeni Lastari, an elementary school teacher, showed a letter of invitation to vote to elect the Muba Regent even though she lives in a hamlet which is administratively registered as part of Muratara Regency based on Permendagri No. 76/2014.

Haris Azhar, a human rights activist and founder of NGO Lokataru responded to this administrative overlap. According to Haris, the conditions at the Sako Suban SDN TPS indicate that the area was forced by the central authorities as a new area.

In fact, in the field, even official records in the regions are still called old areas. Haris also referred to the maps and coordinates contained in the Attachment of Law no. 16/2013 concerning the formation of Muratara Regency.

"That means that Permendagri No. 76/2014 was proven to have violated the law. This is proof that the central government has a covert agenda and is not followed by the administration of local government. The question is, what is the agenda of the central government?" said Haris.