Suara.com – The trial regarding the alleged purchase of its own land by the DKI Newsdelivers.com Provincial Government (Pemprov) continued with a field trial. The Panel of Judges, Toga Napitupulu, went directly to the location of the case in the Pegadungan area, Kalideres, West Newsdelivers.com.
On this occasion, Judge Toga questioned the DKI Provincial Government as the second defendant, regarding the origins of the SHGB certificate which had changed to a Right to Use Certificate (SHP).
“Where did the SHGB for this housing come from? Because it is impossible for a plot to arise for the SHGB belonging to the Tamara Green Garden housing (defendant two),” asked the judge at the location in a written statement, Friday (8/9/2023).
The DKI Provincial Government, represented by the Legal Bureau named Mindo, could not answer the question. He asked for this question to be asked of PT Tamara Green Garden as the second defendant.
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“It is better to ask the second defendant, Your Honor. Because those who know the origins of the two defendants Tamara Green Garden,” said Mindo.
In addition, the BPN as the third defendant also could not explain the origin of the SHGB owned by PT Tamara Green Garden.
“Later on, we will judge that the three defendants cannot prove their origins. It’s actually easy for us, not difficult,” said Toga.
On the other hand, PT Tamara Green Garden has withdrawn from this trial from the start.
Meanwhile, the attorney for Achmad Benny Mutiara as the plaintiff, Madsanih Manong, assessed that there were irregularities in the origin of the letter which was used as the basis for the issuance of the SHGB as a point that strengthened his client’s lawsuit.
Also Read: DKI Provincial Government Allegedly Purchased Own Land, DPRD Chairperson Asks for the Clumps to be Chased
“SHGB should have purchased it from SHM, a certificate, or girik from the community, but he couldn’t prove it. And we still have the original data, which means it hasn’t been released. This is today’s trial, a new development, strengthening the plaintiff’s claim,” concluded Madsanih.
Previously it was reported that the DKI Provincial Government was suspected of buying land that actually belonged to itself.
After it happened in Cengkareng, a similar case is suspected to have occurred in the Puri Gardenia II residential area RT 007/RW 001 Pegadungan, Kalideres, West Newsdelivers.com.
The alleged purchase of land belonging to the DKI Provincial Government by the DKI Forestry Service (Distamhut) covering an area of 6,312 square meters worth IDR 54,573,800,000. This land is a social and public facility that was handed over by Puri Gardenia II to the DKI Provincial Government, with a project value for the 2018 Green Open Space (RTH) procurement project for the DKI Forestry Service amounting to IDR 131,182,150,000.
The attorney for the heir’s family, Achmad Benny Mutiara as the land owner, Madsanih Manong, SH, MH, said there was an impression that the purchase was forced by the DKI Provincial Government’s Planting and Forestry Service.
Because, based on letter number 2599/-076 of the DKI Department of Human Settlements for Spatial Planning and Land (CKTRP), it is stated that data from the results of superimposed mapping between the SIPPT delineation map and the Detailed Spatial Planning Plan (RDTR), part of the land is part of SIPPT 1910- 1.711.5 dated 1992 on behalf of PT Tamara Green Garden.
“The developer, in this case PT Tamara Green Garden, must hand over its social and public facilities land to the DKI Provincial Government,” said Madnasih to journalists, Friday (4/8/2023).
Apart from that, the condition of the land purchased by the DKI Distamhut is still under claim or dispute between the Puri Gardenia II housing developer and several heirs of the land, one of whom is Achmad Benny Mutiara.
“This is in accordance with the Pegadungan Village Letter number U39/-1 711 which was signed by the Head of Pegadungan Village, Sulastri, on August 18 2017,” said Madsanih after the trial of a civil lawsuit against the DKI Provincial Government at the West Newsdelivers.com District Court.
According to Madsanih, the developer should have resolved the problem first with the heirs of the land owners who have been made social and public welfare. However, they instead sold it to the DKI Provincial Government’s Plantation and Forestry Service.
This is stated in the Letter of Release of Rights (SPH) which was signed in front of notary Emilia Retno Trahutami Sushanti SH.Mkn on 20 September 2018.
“This is very strange, and too forced. The DKI Provincial Government, in this case the DKI Plantation and Forestry Service, in purchasing residents’ land, should have ‘clean and clear’ status before it can be used as an asset,” he said.
Apart from that, explained Madsanih, another irregularity in purchasing the land was the instructions in the SHGB certificates Numbers 16008 and 16007 which were sold to the DKI Provincial Government by the Puri Gardenia II Housing developer.
“It is stated that ‘the plot of land planned for social/fassum facilities must be handed over along with its construction to the DKI Provincial Government without compensation’,” he said.
Madnasih said that in reality the DKI Distamhut is still carrying out activities to purchase or procure land for green open space located in the Puri Gardenia II housing complex RT 007/RW 001 Pegadungan Village, Kalideres, West Newsdelivers.com.
This was later confirmed by the Head of the Plantation Service and Susi Marsitawati when she was still in office through her statement letter.
Another oddity, continued Madsanih, was that in the land purchase process there was no appreciation process carried out by the KJPP as one of the conditions for land acquisition by the DKI Provincial Government.
Currently, the Pegadungan Maju Bersama Park (TMB) has been built at the location by the West Newsdelivers.com City Government Parks and Urban Forest Service.
“There are two locations at TMB Pegadungan side by side, namely the Pegadungan Irrigation Park and the Sereh Kumbang Park. The land that is suspected to be the location where the DKI Provincial Government bought its own land is the Sereh Kumbang Park.”
Separately, DKI Provincial Government Legal Bureau staff confirmed that the land purchase in question had occurred. According to him, this matter is currently ongoing at the West Newsdelivers.com District Court.
“We cannot provide detailed explanations for some details, but what is clear is that we have bought the land,” he said.
