DISCLOSURE An heir filed a lawsuit with the Bandung Administrative Court regarding the land on which the Bandung City View 2 housing complex was built on Jalan Pasir Impun, Pasir Impun Village, Mandalajati District, Bandung City.
Based on the lawsuit, the Bandung Administrative Court granted the claim of the heirs, but the developer of Bandung City View 2 is now filing an appeal against the decision.
Developers and residents of Bandung City View 2 feel deprived of their rights and comfort because of the Administrative Court Decision.
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From that, there was unrest among the residents of Bandung City View 2 considering that they all bought the house with clear certificates and rights.
The lawsuit was filed by Deny Septiana’s heirs against the Bandung BPN Office as the defendant and PT Global Kurnia Grahatama as the intervention defendant I.
PT Global Kurnia Grahatama is the developer of the Bandung City View 2 housing estate which is located on Jalan Pasir Impun, Pasir Impun Village, Mandalajati District, Bandung City.
The lawsuit was filed on an area of 42,780 square meters or more than 4 hectares.
Meanwhile, the total land owned by PT Global Kurnia Grahatama which is used as the Bandung City View 2 Complex is 80,888 square meters or 8 hectares.
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The plaintiff has filed the lawsuit to the Bandung Administrative Court since January 7, 2021.
Even then, the Bandung Administrative Court judge decided in favor of the plaintiff.
“The trial in the main case granted the plaintiff’s claim in its entirety. Declared the cancellation of the certificate of building rights covering an area of 80,888 square meters registered in the name of PT Global Kurnia Grahatama for a limited area of 42,780 square meters,” said the judge in a copy of the verdict received by journalists on Monday, August 23, 2021.
The matter at PTUN was led by the Chief Judge Liza Valianty with members Lusinda Panjaitan and Kemas Mendi Zatmiko. The decision was read on July 22, 2021.
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“We have made an appeal,” said Norman Nurdjaman as Director of PT Global Kurnia Grahatama when asked for a response regarding the results of the lawsuit.
Norman explained that there were several odd things in the decision.
One of them, he said, was that the panel of judges ignored the formal administrative requirements in making decisions.
“There are several things that we will say about the formal requirements that are set aside, the boundaries are also ignored and the three lawsuits are about SHM, how come the name of the Netherlands appears, even though it has been proven at the BPN in 1961 such administrative processes and others,” he said.
Norman explained that in Bandung City View 2 alone there are 300 housing units. While the object of land being sued is 4 hectares with a total of 200 units.
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Norman said his party was still trying to fight through an appeal against the verdict.
“Our position is the same as that of consumers as good buyers because I myself cannot sue the fourth owner, and so on. So when asked what guarantees we have to the residents, we are confused because we are innocent,” he said.
He added that the lawsuit was suddenly accepted by the developer earlier this year.
In fact, he said, the land purchased by the developer for the Bandung City View 2 housing estate was in accordance with the regulations.
While the plaintiff only has evidence of Eigendom Verponding which was published in 1935.
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According to Norman, the land has changed ownership several times.
His party also bought the land after changing ownership to the fourth.
“I as a citizen ask for protection, I am the fifth buyer, the sixth to 200th buyers are residents here. What do I feel was my fault as a developer? Because when we purchased the land we already checked, sent a letter to BPN asking for a history of the land. everything is clear, we take all taxes and permits,” he said.
“We are currently fighting for justice, so that there is legal certainty in our country. Imagine this is the legal standing of the plaintiff, Eigendom Verpoonding in 1935, 10 years before we became independent. We as citizens also question legal certainty in our country,” he added. ***