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North Lampung District Court, Execution of 40ha Plantation Land

Navigasi - The execution of a 40ha plantation area located in Bumiagung Marga Village, Abung Timur District, which was carried out by the Kotabumi District Court was allegedly a condition for the rules, Wednesday (21/12/2022) at around 10.30 WIB.

North Lampung District Court, Execution of 40ha Plantation Land
North Lampung District Court, Execution of 40ha Plantation Land

The execution of the plantation area carried out by the Kotabumi District Court was attended by April Yani, as Registrar, Criminal Panmud Zulkifli Akbar, Bailiffs Mawarlis and Erwinsyah, Bailiffs Substitute for Sumardi, Yudi Angtori as witness, representative for East Abung District Head, Head of Bumiagung Yunizar Village, Suwandi and partners, as well as dozens of North Lampung Police personnel.

According to Anggraeni, the problem in the execution of the plantation land is that Kelvin, as the buyer of his 40ha plantation land, for nearly 7 years, has not yet settled the arrears on payments to him.

Because he did not have good ethics, to settle his arrears in payment, for almost 7 years, he finally filed a lawsuit at the Kotabumi District Court, which was addressed to Kelvin. Therefore, the plantation land is currently still in the process of being sued.

"I am wondering, how come the plantation land can be executed. Even though it is with the same object. As far as I know, if an object is still in dispute, it is not permissible for execution to be carried out. This action, in my opinion, is very against the rules" said Anggraeni in a slightly irritated tone.

Apart from that, continued Anggraeni, based on her observations, there were several things that were still being questioned in the implementation of the execution. First, the Kotabumi District Court is still measuring land boundaries manually, namely by using a tape measure. Supposedly, in order to get a precise and accurate measurement, the Kotabumi District Court must use GPS.

This measurement should also be carried out by a competent party, namely the National Land Agency (BPN) of North Lampung Regency. But in reality on the ground, the Kotabumi District Court sent what he said was a representative from BPN. However, he himself has serious doubts about the validity of the BPN employee. Because that employee, did not wear the full attributes of the BPN.

Furthermore, at the time of measurement, to the best of his knowledge, land border neighbors were not at all given invitation letters and reports or official summons to witness land boundary measurements. Therefore the execution of the land for him is like a joke in the daytime. This is because an accurate measurement of the 40ha plantation area has yet to be found. Likewise with Kelvin's remaining arrears of payments to himself, which until now have not been paid. Even more fatal, this case is still being sued at the Kotabumi District Court.

"How come this could come to the location of the plantation land to carry out the execution and immediately play around with the Tractor and Sengso. The land is still in dispute, why just play the execution immediately, with the reason of following up the Supreme Court's decision. As far as I know, the decision The Supreme Court, the deadline for filing PKs, has not yet been completed. So I thought how come it seems that the execution process was deliberately sped up. What's going on here?" said Anggraeni in a questioning tone.

Therefore, continued Anggraeni again, he and his lawyers, will immediately report the matter to the Judicial Commission (KY), which I will forward to the Supervisory Board (Bawas) of the Supreme Court of the Republic of Indonesia (MA-RI), as well as the Tanjung Karang High Court. In order for the performance of the Kotabumi District Court to be corrected again in the matter of determining the execution of the land.

"For me, this is a serious violation of applicable laws and regulations. I will make sure that I will make a fist to fight this tyranny. I also hope that in the future this matter can proceed according to existing legal corridors," said Anggraeni.

Meanwhile, according to April Yani as Registrar of the Kotabumi District Court said that the execution case was an old case, namely in 2018 ago, and already had permanent legal force, because the cassation decision was inkracht at the Supreme Court, on May 31, 2022. Meanwhile, the default case between the plaintiff on behalf of Anggraeni Puspasari Setiawan and the defendant Suwandi is a new case and is currently in the lawsuit stage.

"So the case for the execution of plantation land and the lawsuit for default is a different case. It has nothing to do with the execution for plantation land which was determined on December 8, 2022. Meanwhile the case for default involving Anggraeni Puspasari Setiawan and Suwandi is currently in the lawsuit stage," explained April Yani who confirmed by the bailiff Mawarlis et al.

According to Mawarlis as the bailiff, the Kotabumi District Court, this action was also in accordance with the decision letter from the Chairman of the Kotabumi District Court Edwin Adrian SH.MH. With the stipulation of number 3/Pdt.Eksekusi/2022/PNKBU.

"In my opinion, what was decided by the Kotabumi District Court to carry out the execution of plantation land today, in no way violates the rules and regulations that apply," said Mawarlis.