Tempo Eksplainer: Cluster Setia Mekar, Bagaimana Jika Pengadilan Salah Mengeksekusi Lahan

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Menteri ATR/BPN Nusron Wahid menyatakan lima rumah warga di Cluster Setia Mekar Residence 2, Tambun Selatan, tidak bersengketa.

Transcript

00:00The Minister of Agriculture and Space, Head of the National Defense Agency, Nusron Wahid,

00:05stated that five houses of the Setia Mekar-class residents of Residence 2, Tambun Selatan,

00:09Bekasi Regency, are not affected.

00:11However, the State Court has now evened out the five houses on January 30, 2025.

00:18According to Nusron, the building located on Jalan Bekasi Timur Permai,

00:22RT1 RW11, Kampung Bulu, Setia Mekar Village,

00:26does not include the map drafted by the architect Mimi Jamilah in 1996

00:33in the property certificate number 706.

00:37Asmawati, Mursiti, Siti Muhidja, Yeldi, and the Corporation of the People's Housing Bank

00:44are the owners of the buildings that no longer exist.

00:48Nusron explained the execution of the building on the land of 3.6 hectares owned by Mimi Jamilah

00:54that is being carried out by the State Court now is not in accordance with the procedure in effect

01:00because there are three processes that are not completed by the contractor

01:05or the court before and during the execution.

01:09The three processes that are meant are the new land execution process

01:13can be carried out after the certificate of the contractor is revoked by the BPN.

01:19Meanwhile, in the decision, there is no order to the Ministry of Agriculture and Space,

01:24to revoke the certificate.

01:27Second, after the certificate of the contractor is revoked,

01:30the court is obliged to write to the BPN to carry out a measurement first

01:35against the land that will be executed.

01:38The measurement of this land is intended so that the land that is executed is in accordance with the building object.

01:44The execution process that is not in accordance with this procedure

01:48also makes Nusron state that the SHM owned by the residents of Setia Mekar Village,

01:52the residents of Bekasi regency, is still valid.

01:55Nevertheless, the perpetrator in this case has won the case to the level of the Supreme Court.

02:02The legal academy of the University of Indonesia Togi Marolo Pradana Pangaribuan

02:08views that if the current PNC that receives delegations from the PN Bekasi

02:13does not carry out the measurement procedure to the BPN or constant tearing

02:18and carry out the wrong execution

02:20to harm other people, it can be considered as a responsible party.

02:25Tony revealed that the form of accountability can be found,

02:29which is an extraordinary legal effort against the decision of the PN Bekasi which has been revoked.

02:34Meanwhile, for the execution, it can be argued that the current PNC

02:39through its jurisdiction has committed a crime against the law

02:42in accordance with Article 1365 of the Criminal Code of Indonesia

02:46because of the loss.

02:49Because of that, the victims can consider the law.

02:52The legal academy of the University of Indonesia Abdul Salam evaluates

02:57before determining the responsible party must see the existing rules.

03:01Referring to the letter of the 9th August 1976 Supreme Court,

03:06it is argued that the judge cannot be asked for legal accountability for the decision he made.

03:12It means, he said, on the basis of the decision of the judge

03:16that has been read, to carry out his duties and obligations.

03:19He cannot be asked for legal accountability,

03:22but it does not mean that he is immune from the law itself.

03:25In the case of the execution in Setia Mekar village, he said,

03:29the PNC judge now actually carries out the decision of the court.

03:33In the implementation of the decision of the court,

03:35of course, the judge or the state court must base on the legal corridor

03:39or must comply with the legal procedure in place.

03:44If it is not in accordance with the procedure and causes a loss,

03:48it can be said that there has been a mismanagement,

03:51so the court can be asked for accountability.

03:55Abdul mentions that there are several legal channels that can be found,

03:58such as reporting to the Judicial Commission or KY

04:01with one of the authorities to establish the Code of Ethics and or the Procedure of Judicial Procedure

04:06or KEPPH with the Supreme Court.

04:11KY is also authorized to maintain and enforce the KEPPH.

04:15Thus, in the case of the judge, the PNC is asked for accountability

04:21if a violation is found, including mismanagement.

04:25Then report to the Supreme Court that the PNC has been negligent or wrong

04:29to cause a loss.

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