Dumai, 2011. Our firm has successfully defends our client, PT Pacific Indopalm Industries, over a claim of an unlawful act related to the land ownership.
The main claim by the Claimant in this case, is a demand that the Defendant i.e. our client, to be declared as conducting an unlawful act. The claim includes, inter alia, to declare Claimant’s documents as valid and to condemn the Defendant to abandon the disputed land. In contrast, the Defendant has bought the disputed land according to the prevailing laws and regulations.
The panel of the judges considers that since the sale and purchase of disputed land was made before a public officer, namely the Land Conveyancing Officer (PPAT), then the Defendant as buyer is considered as good faith buyer and must be legally protected. The information letter on land registration, is considered, as upholding the fact that the Defendant has complied with the appropriate procedure under the law to obtain the land certificate. The decision was awarded on 9 August 2011 by the District Court of Dumai. Responding to the court’s decision, Eddy Leks says, “We learn that good faith principle exists and upheld by the court, which is very important. Further, we cannot undermine the value of SKPT since it is considered as valuable by the judges.”
Leks&Co is recommended on commercial dispute resolution and real estate by Legal500, asialaw Profiles, and Chambers. One Client said, “We have been using Leks&Co Lawyers services and found their professionalism and expertise are beyond expectation. They have provided us with wide range of legal advisory and represented in litigation cases to our best satisfaction.”
If you have any queries, you may contact us through query@lekslawyer.com, visit our website www.lekslawyer.com or visit our real estate law blogs i.e., www.hukumproperti.com and www.indonesiarealestatelaw.com
