News Update
After a 10-Year Legal Process, PT Jaya Real Property Successfully Executes Possession of Its Land Without Resistance
After 10 Years of Litigation, PT Jaya Real Property Successfully Executes Its Land in Pondok Kacang Barat
After ten years of legal proceedings before the Tangerang District Court and subsequent appellate stages, PT Jaya Real Property Tbk successfully enforced a court-ordered execution of its land on 7 March, which had long been occupied by PT Sabar Ganda, a company formerly owned by the late D.L. Sitorus.
The execution was carried out under the supervision of the Banten District Court, represented by court official Ausri Mainur, in the presence of local government authorities (Muspika), the legal counsel and legal team of PT Jaya Real Property Tbk, represented by Dr. H. Endang Hadrian, S.H., M.H., Sanauli, and law enforcement officers. The execution proceeded smoothly with virtually no resistance.
The property, measuring 6,689 square meters and located in Pondok Kacang Barat, Tangerang City, Banten, had been the subject of prolonged litigation and was ultimately confirmed by a final and binding court judgment (inkracht) based on:
- Judicial Review Decision No. 785 PK/PDT/2016, dated 27 February 2017;
- in conjunction with Supreme Court Cassation Decision No. 99 K/Pdt/2010, dated 12 May 2010;
- in conjunction with Banten High Court Decision No. 57/PDT/2009/PT.BTN, dated 9 July 2009; and
- Tangerang District Court Decision No. 144/PDT.G/2008/PN.Tng, dated 27 November 2008.
The Judicial Review Decision No. 785 PK/PDT/2016, which has obtained permanent legal force, confirmed PT Jaya Real Property Tbk as the sole lawful owner of the land.
Dr. H. Endang Hadrian, S.H., M.H., legal counsel for PT Jaya Real Property Tbk, who represented the company throughout the proceedings from the Tangerang District Court to the Supreme Court's Judicial Review stage, emphasized that the compulsory execution was necessary to enforce a final and binding court judgment and to ensure that his client regained full possession of its property.
According to Endang, the land had been unlawfully occupied by the heirs of D.L. Sitorus, who had no legal ownership rights because their claim originated merely from taking over the rights of a land cultivator rather than from lawful title.
Endang Hadrian Secures Land Execution Victory in Pondok Kacang Barat
Dr. H. Endang Hadrian, S.H., M.H., legal counsel for PT Jaya Real Property Tbk, stated that his client prevailed at every stage of the litigation, from the Tangerang District Court through the Judicial Review before the Supreme Court.
"The District Court has determined that the opposing party does not own the land, as they merely took over the position of a land cultivator and did not possess legal ownership," said Endang.
Endang is also known for successfully representing the Arsid–Andre Taulany candidate pair in the 2010 South Tangerang Regional Election (Pilkada) dispute before the Constitutional Court against the opposing candidate, Airin Rachmi Diany.
Expressing his appreciation for the smooth enforcement process, Endang stated:
"We are grateful that the execution was carried out smoothly without interference from any parties attempting to obstruct the enforcement of the law."
He further noted that he had previously achieved another significant legal victory by successfully obtaining a court decision that annulled 26 land certificates issued by the Cilegon Land Office (BPN Cilegon), Banten.
