Against Decision No. 2880 K/Pdt/2022 dated October 13, 2022 Jo. 573/PDT/2021/PT BDG dated December 14, 2021 Jo. 513/Pdt.G/2019/PN.Bks dated August 5, 2021, Drs. H. Kusman, M.M. has filed a judicial review through the Indonesian Supreme Court.
In the Reconsideration process, Novian & Partners (who is also the Attorney (Yoyo bin Kuncir alias Oyo bin Kenah bin Enah alias Koyo Kenah, etc.) has been granted the power to represent the legal interests of the Respondent of the Reconsideration as registered in Case Register No. 1210 PK/Pdt/2023 at the Supreme Court of the Republic of Indonesia.
On December 6, 2023, the Panel of Judges of the Supreme Court of the Republic of Indonesia has given a Decision on case No. 1210 PK/Pdt/2023 with the following rulings: Rejecting the request for reconsideration from the Applicant for Reconsideration.
With legal considerations including:
* That for all sale and purchase of land must be carried out in a regulated manner, namely if the object of sale and purchase has been registered, the sale and purchase must be made by/in the presence of an Acting Land Deed Maker (PPAT) Vide Pasal 37 Ayat (1) of Government Regulation Number 24 of 1997 concerning Land Registration and if the object of sale and purchase has not been registered, then the sale and purchase must be made clearly and in cash in front of the local Village Head with 2 (two) witnesses.
* That in the case a quo the object of sale and purchase was girik land and the sale and purchase was made orally, while the sale and purchase was also denied by (Defendant I) at trial, that he never sold the object in dispute to the Plaintiff and until now the object in dispute is still controlled by the Defendant, therefore the Plaintiff did not prove the arguments of his claim.
