Jakarta, September 2024. Our firm has successfully defended our client, a world wide beverages company, over its land rights, from a state administrative claim lodged by two land cultivators.
While the initial ruling at the first stage was quite unfavorable to our client, the appellate court has overturned the decision in our client’s favor, ruling that the lawsuit is inadmissible due to its expiration under the statute of limitations.
The claim filed by the claimant party on 30 October 2023, was registered electronically at the Administrative Court of Bandung on November 2, 2023, with a final correction made on 7 December 2023. The judex facti of appeal determined that the appellee (formerly the claimant) was aware of the disputed object as early as 3 November 2021, as confirmed by a letter from the National Land Agency (BPN), which halted the certificate application process due to an existing Land Management Right (HPL) issued in 1982. This ratio decidendi conforms to the argument that we had submitted in our memory of appeal. Given that the claim was filed in excess of the 90-day period from the date of the discovery of that letter, the appellate court ruled that the claimants’ claim was inadmissible.
Leks&Co is a recommended firm on commercial dispute resolution by Legal500, asialaw, and Benchmark Litigation.
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