The State Administrative Court of Jakarta, Indonesia, accepted the absolute exception filed by the Housing and Building Agency of DKI Jakarta (Housing Instance) and Head of Land Office of North Jakarta. The judges declared that they are not authorized to adjudicate the case since the claim has to be examined in public court, not in the state administrative court. Leks&Co represented the Housing Instance as the defendant-intervenor.
The claim is essentially about violation of laws and regulations over issuance of land certificate, namely right of ownership (sertipikat hak milik) that is later relinquished by the Housing Instance to be used as a condominium for low income community. Claimant claims that it never applies for certification over its right of land. Whereas, the defendant explains and proves that the certification already complies with the laws and regulations. The court however does not examine the principal case due to its decision to non-competence exception submitted by Leks&Co for Housing Instance.
The State Administrative Case was registered with No. 180/G/2016/PTUN-JKT and was decided on 16 February 2017.
Leks&Co is awarded as Real Estate Law Firm of the year by ALB Indonesia Law Award 2016 and recommended on commercial dispute resolution by Legal500 and asialaw Profiles. Should you have any queries to our firm, you may contact us at query@lekslawyer.com
