A plot of land measuring 29 hectares stretches across from Roxy Mall, Central Jakarta, Wednesday, March 31 2021. Part of the land appears to have been filled with residents to form a settlement. Meanwhile, several fields look empty and unkempt, leaving weeds free to sprinkle the land forming longgok-longgok. The land, which stretches from the base of Jalan Makmur to Jalan Duri Selatan, Duri Pulo Village, Gambir District, Central Jakarta, is surrounded by a concrete fence with the words “Land Owned by PT Duta Pertiwi Tbk SHGB No 2232”.
Since 30 years ago, the land belonging to the late Moh Noerdin bin Kaimin was confiscated by PT Duta Pertiwi Tbk , a subsidiary of the giant company Sinarmas . Uniquely, Duta Pertiwi carried out land confiscation by buying land from residents who had the status of tenants. This case began when the land was abandoned by its owner, Noerdin, who died in 1954.
Noerdin died at the age of 27, leaving behind a wife and two children aged 4 years and several months. Meanwhile, in terms of assets, Noerdin left an inheritance of 29 hectares of land. However, at that time the family did not inherit the land to the wife, but instead handed it over to Noerdin’s uncle, Salim.
Salim himself controlled the land until 1980, the year he died and bequeathed the land to his children and grandchildren. Since then, Noerdin and his descendants have had to endure the deprivation of rights from their own family.
The Noerdin family’s attorney, Wellyantina Waloni, said that the family members descended from Salim had never handed over the land to the legal heirs. He said that when Salim controlled him, he rented out part of the 29 hectare land to a number of tenants or tenants who wanted to occupy the land. He carried out this business from 1954 to 1980. Unfortunately, Salim was not very serious about taking care of his nephew’s land until finally the rented land was acquired by the cultivators.
“Because this land cannot be transferred without buying and selling or inheriting, this land is only rented to residents,” Welly told Law-Justice .
Welly is sure that the 29 hectares of land belonged to the Noerdin family, although 13 hectares have now been confiscated by Duta Pertiwi. He strengthened his argument by showing proof of land ownership documents in the form of Indonesian Verponding or land and house tax from 1960. The contents of this document stated that the 29 hectare land located in Angke Duri Village, Pendjaringan District, Batavia was owned by Moh Nurdin bin Kaimin.
The document that Law-Justice obtained is an ancient document where at that time land affairs were still handled by the sub-district. Meanwhile, BPN was only established in 1988.
“Old land documents called Verponding Indonesia, etc. are still recognized so they can be used as certificates if there is a fee. That is in Article 60 paragraph (2) f of the ATR/BPN ministerial regulation number 24 of 1997 “Regarding Land Registration,” said Welly.
In trials at the Central Jakarta District Court since 2018, the seizure of land from the corporation PT Duta Pertiwi Tbk has continued. The heirs and their legal representatives are suing for compensation for profits from land control by PT Duta Pertiwi. The lawsuit continues until now.
Buying and Selling Land Without Heirs’ Permission
The land conflict that occurred in the South Duri area, Duri Pulo Village, Central Gambir District started with the first rights enforcer, Noerdin bin Kaimin, who held land rights with legal recognition from Verponding Indonesia. Indonesian verponding is still legally recognized as an agrarian ownership document. Noerdin bin Kaimin controls tens of hectares of land in the Roxy area, Central Jakarta.
Management of the land was transferred to Salim bin Jihun when Noerdin died at the age of 27, or to be precise in 1954. Noerdin had two children. The eldest child is named Nurdjaini, 4 years old. Meanwhile, the youngest child is named Thohir, who is still only a few months old.
Based on the confession of Noerdin’s family, Noerdin never bequeathed the land to his uncle Salim bin Jihun. Because until now no inheritance letter has been found stating that Nurdin handed over the land to Salim. His uncle lived until 1980. While under Noerdin’s control, Salim allegedly rented the land. This land rental behavior continues because Salim cannot carry out the buying and selling process without the consent of the heirs
“Because this land cannot be transferred without buying and selling or inheriting. Well, this land is only rented to residents,” said Welly.
As time went by, Noerdin’s family and heirs demanded their land rights. His two children, who had grown up, asked their uncle to give them all the land that had previously been entrusted to them. But unfortunately, this request was not heeded, until finally Noerdin’s two children died. Noerdin’s two children, Nurdjaini, died in 1995 and Thohir died in 2013. Before he died, Thohir and his wife divorced so they no longer had heirs.
“If Nurdjaini is there. His wife is there. That means Noerdin’s daughter-in-law is there, her name is Mrs. Ipit. From Mrs. Ipit, there are also Nurdjaini’s children, meaning Noerdin’s grandchildren,” said Welly.
“For some reason, these rental letters were lost. In the end, we couldn’t sell this land, while this land is opposite the Roxy Mas Mall, right,” he said.
“Salim’s eight grandchildren ended up looking for a lot of lawyers, including his deceased son Salim who used a lawyer to take or sell this land. But he still couldn’t, because of the Agrarian Law, there are only 4 types of land: buying and selling, “Grants, inheritance or compensation from the government. They can’t sell it because the owner of this land is not in a straight line, the one who owns it is Noerdin, who wants to sell it to Salim (his uncle),” he added.
In fact, the Salim family is suspected of deleting the list of Noerdin’s descendants so that they do not get rights to the inherited land.
“So, he (his children) Salim continued looking for a Lawyer, until he came to me around the end of 2017. Well, they made their family tree. In that tree they made this Noerdin unmarried and childless,” said Welly.
“If you want to be honest, the land mafia is already super strong. Being a victim of the mafia is like you, a small person being stepped on by a giant and you are helpless. The truth may not necessarily win now, but that doesn’t mean it will lose. What is clear is that one day it will win even though we don’t know when,” he stressed.
In fact, according to him, during the tracing process there were descendants of Salim who claimed to be descendants of Noerdin. This is to cover and obtain inheritance rights to the land in front of the Roxy Mas mall.
“Salim’s descendants claim to be Noerdin’s descendants. Imagine, Salim’s eight grandchildren say ‘we are Noerdin’s descendants’. As people say, they are ready to lie for the sake of wealth,” he said.
He explained that in the Agrarian regulations and Law, land that has been abandoned for decades cannot change ownership or become state-owned land.
“In terms of the law, the land is not abandoned land because based on government regulation number 11 of 2010, abandoned land, if it is accidentally abandoned, is not abandoned land. This means it is not state land. This means it is still Noerdin’s land. That’s one thing,” he explained.
“Secondly, there is a letter from the DKI Jakarta BPN Regional Office that the land is Noerdin’s land. Thirdly, there is ATR/BPN ministerial regulation number 24 of 1997 concerning Land Registration. So, the old land certificate is called Verponding Indonesia, etc. “It is still recognized so it can be used as a certificate if there is a fee. That is in Article 60 paragraph (2) f,” he added.
The heir’s family also admitted that they were surprised that the land was now controlled by PT Duta Pertiwi, which is also a subsidiary of Sinar Mas. In this process, it is suspected that PT Duta Pertiwi paid for the land only from the land tenant, not from the legal owner of the land.
“But now why is it controlled by PT Duta Pertiwi? Because he paid from the people who previously rented to (the late) Mr. Salim. So he (Duta Pertiwi) only paid to the occupants, not the owner. There shouldn’t be a certificate there.” “, because it’s like Duta Pertiwi is only buying rental rights or cultivation rights,” he said.
In the process of the land case in Roxy, PT Duta Pertiwi will build luxurious apartments and business and residential areas. However, until now this process has not been carried out because it is suspected that PT Duta Pertiwi is aware of this land conflict issue and is weak in agrarian law. Apart from that, the DKI Jakarta BPN Regional Office has not yet issued a Land Ownership Letter in the name of Duta Pertiwi. However, what raises suspicions is that recently the BPN issued a certificate for the land,
From Law-Justice’s investigation , the land was purchased by PT Duta Pertiwi for IDR 1 million per square meter. In fact, NJOP in that area is worth IDR 42 million per meter. There were around 3 community units or 1638 people who were evicted from the land.
Testimony of Duri Pulo Village Head Roxy
Acting Head of Duri Pulo Village, Gambir District, Central Jakarta, Tjatur Djoko Sabardianto asked Law-Justice to obtain information from PT Duta Pertiwi Tbk regarding the land case, because it has already gone to court.
“Yes, that’s all. Or it’s more suitable for BPN. It’s on the wall dividing the land, “This land belongs to PT Duta Pertiwi, SHGB No. 2232”, you should ask the BPN whether it’s true or not (ownership). That’s the first thing. Second, why is this a case being made a fuss now? Where were you going yesterday recently (the case occurred). This is from the 90s “This is the case, after processing it, why is it being made a fuss now? Where did it go yesterday, that’s how it happened,” he said.
“You shouldn’t go to me, you should go directly to PT Duta Pertiwi, lest the case ever go to court,” he added.
He explained that the land was released to PT Duta Pertiwi because the residents felt they already had strong ownership rights because the land had not been managed for a long time, so the residents carried out ownership arrangements.
“In my opinion, if (the) land is unoccupied, it will be abandoned. It hasn’t been done for decades, there will definitely be those who feel that they have to admit it. Tarolah (the land) has been there since 1954, the basis is up to you. Then in 1960 people put it there “Just leave it there until 1990, it’s been 30 years. Finally it was taken care of by the community, in the form of a certificate, building use rights, then PT Duta Pertiwi needed this land, it was finished,” he said.
“The meaning is like this, maybe some of it is, some of it is just land. There are some of the land documents which are just witnesses from neighbors, that’s all. Then on that basis the documents are taken care of, and then they are (claimed) to be property rights. And PT Duta Pertiwi knows for sure that these documents are now being accumulated. This means that there is land here, and then they are given a certificate. Then they don’t know whose land it is, which means it was finally bought by him (PT Duta Pertiwi) and processed it with the BPN and the number that is now listed on the wall was issued. There is only one number in all the locations around the area,” he added.
He hopes that the land problem will be resolved quickly so that it can be built so that it does not cause slums and is productive.
“What’s called a company must have its own lawyer. That’s the most that is deployed. We, too, the local government officials bear the risk. That (land area) has become a slum area. An area where people throw rubbish carelessly. We also want the land to be developed quickly. Because “If it’s been like that for decades, he (the Pertiwi Ambassador) is losing out. The land is neglected and unproductive,” he explained.
Tjatur explained that later in the area apartments would be built and there were also plans to build the Semanan-Sunter toll road. Thus, land prices in the area are increasing.
“It looks like an apartment. What’s certain is that there will be another big change. Because the Ministry of PUPR wants the construction of the Semanan-Sunter toll road. This will later pass through Duta Pertiwi’s land. It could be that part of Duta Pertiwi’s land will be affected and the government will pay for it,” he explained.
Battle in Court
PT Duta Pertiwi’s attorney, Kemas Herman, spoke about the polemic over the 29,361 hectare land. He confirmed that there was indeed a lawsuit by the heirs against his client regarding the validity of the land sale and purchase transaction 30 years ago. Since October 2018, the case has been rolling at the Central Jakarta District Court.
Kemas said, so far PT Duta Pertiwi took over the land based on legally applicable laws and procedures. PT Duta Pertiwi has a Building Use Rights (HGB) certificate as proof of land ownership.
“Three building use rights certificates (HGB) consisting of certificates number 2233, 2230 and 2232,” emphasized Herman in his statement.
PT Duta Pertiwi obtained HGB No. 2233 with a land area of 62,686 m², HGB No. 2230 covering an area of 24,430 m², and HGB No. 2232 covering an area of 33,390 m².
Herman emphasized that land ownership by PT Duta Pertiwi on Jl. KH Hasyim Asyhari Raya, Duri Pulo, Gambir District, Central Jakarta, this was carried out legally based on recommendations from the Ministry of Agrarian Affairs, the National Land Agency (BPN), and the DKI Jakarta Provincial Government.
“The HGB certificate owned by PT Duta Pertiwi is in accordance with its rights,” he said.
Herman also said that apart from the HGB, there were also many letters of acknowledgment of rights (SPH) from people who occupied the land.
“We have evidence of more than 1,500 items,” he said.
Apart from Kemas, PT Duta Pertiwi is recorded as entrusting legal matters to several advocates such as R. Anthony Taufan, Andry Effendi, Sudirman Satroro, Iwan Saputra, Rini Fitri Octa Amelia, and Cindy Eka Febriana Herman.
The land in dispute initially belonged to Mohammad Noerdin Bin Kaimin. Noerdin has two children who should be the legal heirs, namely Nurdjaini and Thohir. Nurdjaini died in 1995, as did Thohir who died in 2013.
Before he died, Thohir was divorced and had no children. Meanwhile, Nurdjaini left behind a wife named Ipit Patimah and 7 children. The eight heirs then entrusted their lawsuit to Wellyantina Waloni as legal representative.
In the lawsuit, the heirs asked the panel of judges to cancel all land ownership documents belonging to PT Duta Pertiwi because they bought it from non-heirs. The heirs also demanded that PT Duta Pertiwi compensate for losses of around IDR 5 trillion.
Referring to the facts of the Central Jakarta District Court trial regarding the Roxy land dispute case. The Central Jakarta National Land Agency (BPN) was also sued by the heirs. The reason is, BPN has given an HGB certificate to PT Duta Pertiwi for the land in Gang Subur.
This case was decided by the Central Jakarta District Court on June 28 2019 by John Tony Hutauruk as Chief Judge of the Panel, and Makmur and Abdul Kohar as member judges. The panel of judges could not accept the heir’s claim because the plaintiff used an old map and was deemed unable to show the exact boundaries of the disputed land.
“That the Plaintiffs only have an old version of the map of the land, most of which has been rented out to Tenants or Cultivators, of course there have been several changes to the land boundaries. To update the land boundaries, especially with satellite mapping, the The Plaintiffs are unable to pay. However, the Plaintiffs’ land rights remain, including the boundaries, because they have not been removed as stipulated in Article 27 of the UUPA above. In essence, what the Plaintiffs have not done is to carry out re-measurements to find out the current boundaries the Plaintiffs’ land,” was written in the court’s decision.
Nanda, a resident of Duri Pulo Village who has also lived in the land area for a long time, said that the transactions carried out by PT Duta Pertiwi were in accordance with the provisions. Nanda himself is one of the residents of RW 06 who also sold his land to PT Duta Pertiwi. He stated that he sold the land around 1990.
“I have lived here for a long time, and the land here (Roxy) already belongs to PT Duta Pertiwi,” said Nanda to Law-Justice .
Nanda, who is also the Chair of RW 06, said that he did not deny that this dispute was a case of him, he had heard a lot of talk about this case. In fact, he admitted that recently the Polda Metro Jaya had conducted an investigation into the Roxy land dispute case.
“Yes, if there is a twist (talk about the Roxy land dispute case). That’s all, don’t make it a big deal,” he said.
Nanda said that land from PT Duta Pertiwi had acquired land for 3 RWs. The total area reaches 29 hectares. When asked further about the land purchase statement letter between PT Duta Pertiwi and himself, Nanda admitted that evidence for the transaction had been given to PT Duta Pertiwi.
“We sold it straight away, so we don’t have that (documents about Roxy’s land) anymore,” he said.
Land Mafia Playing?
One of the institutions that usually deals with land ownership conflicts is the Indonesian Land Mafia Victims Forum (FKMTI). FKMTI Chairman Supiardi Kendi Budiardjo said that what happened to the land in front of Roxy Mall usually happens in cases of land ownership disputes. However, his party cannot confirm which of the two parties is right in the dispute.
“We have to study the documents first. Later, we’ll compete, which one is stronger. Have heirs or a company,” he said when interviewed by Law-Justice .
The man who is familiarly called Budi said that FKMTI has so far been involved in advocating for the resolution of cases of more than 5,000 victims of the land mafia. Indonesian society, he said, is currently facing a land mafia that is very entrenched and strong politically and financially. He believes that more than 80 percent of the land in Indonesia is controlled by corporations.
“The mafia is blind and deaf to the truth. In each case we already know who is playing. Fighting the mafia requires a lot of people. “I can’t do it myself,” said Budi.
He said that the land mafia was strongly supported by unscrupulous officials within the National Land Agency (BPN) . What happened to Noerdin’s descendants, said Budi, could be a case of land confiscation because there are two land ownership documents that are both legally valid. PT Duta Pertiwi has the HGB document, while the heirs have Verponding and Proof of Land Tax Assessment Letter.
“If the conflict or land dispute is a struggle over one land by one or two or more heirs, then the legality must be proven. “Meanwhile, land grabbing means someone owns land, has a letter, suddenly (another) letter appears on that person’s land without the person concerned ever selling it,” explained Budi.
source: https://www.law-justice.co/artikel/106056/siapa-menang-rakyat-lawan-goliath-mafia-tanah-di-roxy/#