Supreme Court Decision No. 3047 K/Pdt/2014
The Supreme Court of Indonesia rejected the cassation filed by Unusdang aka M. Yunus D., and upheld the decision of High Court of Pekanbaru, towards the land case between Unusdang and PT Pacific Indopalm Industries (“Indopalm”). Leks&Co represented Indopalm as the defendant. The firm has been representing Indopalm for district court, high court, and cassation through Supreme Court. In its legal consideration, the Supreme Court of Indonesia concluded that Unusdang cannot prove that he is the owner of disputed land, since the evidence of the transfer of right as submitted by Unusdang was a privately drawn document, and was not supported with sufficient evidences. Meanwhile, for defending its position, Indopalm was able to prove the ownership of land through deed of sale and purchase of land and certificate of land.
The case began in 2012 when Unusdang filed a civil claim against Indopalm in the District Court of Dumai. Unusdang claimed that he is the valid owner of land since 1980, based on Information Letter on Proof of Transfer of Land Right/Ownership/Business/Compensation. Indopalm however declined Unusdang’s claim, and has proven that Indopalm has legally owned the land since 2005.
Key Learning Points:
- Evidence of the transfer of land right that is a privately drawn document, must be supported with sufficient evidences.
- In the land case, it is important to prove the ownership of land through deed of sale and purchase of land and certificate of land.
