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Land Ownership Dispute at Pasar Cinde: Legal Battle and the Quest for Truth

Berita Warga
Palembang, July 27, 2024

At the bustling Pasar Cinde, on Jalan Jenderal Sudirman, lies a plot of land embroiled in a heated dispute between two parties, each claiming rightful ownership. This conflict is not merely about land ownership but also reflects the complexities of law and inheritance rights in Indonesia.

Titis Rachmawati, SH MH, the legal counsel for PT Permata Sentra Propertindo, had just returned from removing stickers and signs posted by the heirs of Raden Achmad Nadjamuddin. “We did this because those signs violated regulations,” Titis asserted. On Friday (July 26), her team dismantled signs in the vacant lot of the former Cineplex Cinema and on the Sudirman Pedestrian near the Pasar Cinde Police Post.

On the other side, Hanafi Tanawijaya, SH, the legal counsel for the heirs of Raden Achmad Nadjamuddin, questioned Titis"s actions, considering them a violation of his client"s legitimate rights. “Our client has rights based on a court decision, and the property is still under a conservatory attachment (conservatior beslag) that hasn"t been lifted,” Hanafi stated seriously.

A Lengthy and Confusing Dispute

The dispute began with a decision from the Palembang Class 1 District Court that granted the heirs of Raden Achmad Najamuddin permission to demarcate the boundaries of an 8.5-hectare plot around Jalan Jenderal Sudirman, Jalan Kol Atmo, and Jalan Veteran Palembang. The land is now occupied by bustling shop houses visited by the community.

Raden Achmad Najamuddin, son of Raden Mahjub, also known as Raden Nangling, felt his rights were being violated. Hanafi explained, “The placement of stickers and signs was solely our initiative and not a directive or suggestion from the Palembang Class IA District Court.” He added that the land is still under Conservatory Beslag/CB no.35/1948 and based on various legitimate legal decisions.

However, Titis Rachmawati refuted this claim. According to her, the court had already ruled that the land belonged to PT Permata Sentra Propertindo, and an execution based on decision number 201/Pdt.G/2022/PN.Plg Jo.34/PDT/2023/PT PLG would soon follow. “We put up a banner announcing the ownership of the land in our client"s name after removing the heirs" signs,” Titis stated.

Two Sides, One Truth

Hanafi Tanawijaya emphasized, “We must take firm steps to protect our client"s rights.” He revealed that the heirs have strong evidence, including a letter from the Directorate of Agraria requesting the mayor and the head of the Palembang Land Office not to transfer or issue certificates over the land.

Conversely, Titis stated that the court had declared the land ownership valid and would continue removing any signs and stickers if necessary. “We will write to the court to inquire why the constatering was done without informing the land or shop house owners around Pasar Cinde,” she added.

Impact on the Community

Amidst this dispute, the community around Pasar Cinde feels uneasy. Shop house owners are worried about legal uncertainty and unilateral actions happening around them. “We just want clarity,” said one shop house owner who wished to remain anonymous.

This land ownership dispute not only reflects a conflict between two parties but also highlights the importance of transparency and legal certainty in Indonesia. On one side, the heirs feel their rights are protected by law, while on the other, PT Permata Sentra Propertindo believes it has a strong legal basis.

Regardless of the final outcome, this dispute shows that land ownership rights are highly sensitive issues requiring careful and fair approaches. For the community around Pasar Cinde, they hope this dispute will soon end, allowing them to live without the constant shadow of legal uncertainty.

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