LSJ Faculty of Law UGM held a Cassation Examination for the agrarian conflict befell Yogyakarta’s culinary mascot, Sate Pak Parto Kaliurang, on Wednesday (3/7/2024). This conflict pits Tri Ismawati and others (total of fourteen people), the heirs of Parto Wirono, the owner of the restaurant “Sate Pak Parto”, against PT Anindya Mitra Internasional (PT. AMI) and the Land Officer/National Land Agency of Sleman Regency.
This agrarian conflict was arose due to the dispute over access and the rights to a 600 square-meter land (Disputed Object) that located in Dusun Kaliurang Barat, Hargobinangun Village, Pakem Subdistrict, Sleman Regency, Special Region of Yogyakarta (DIY). This land was possessed and utilized by the Heir of Parto Wirono for the Sate Pak Parto Restaurant from 1958 until today. Parto Wirono's heirs then faced PT. AMI which had held a Building Use Rights Certificate (SHGB) Number 183/Hargobinangun Year 1990 covering an area of 1,995 square meters which had been renewed with SHGB Number 405/Hargobinangun Year 2015 and the Land Office/BPN of Sleman Regency.
Regarding this issue, LSJ FH UGM conducted an expert examination to explore matters that could potentially be qualified as errors and/or clear errors of the Judge in the Supreme Court of the Republic of Indonesia Cassation Decision Number: 1250 K/Pdt/2024 Date: April 29, 2024 jo. Number: 95/PDT/2022/PT.Yyk jo. Number: 15/Pdt.G/2022/PN.Smn as regulated in Article 76 letter f of Law Number 14 of 1985 as amended by Law Number 5 of 2004 concerning the Supreme Court.
The examination board consist of Suparman Marzuki (Chairman of the Judicial Commission 2013-2015), Siti Rakhma Mary Herwati (Lecturer at Jentera College of Law), and Herlambang P. Wiratraman (Chairman of the Center for Legal Studies and Social Justice, Faculty of Law, UGM). This examination is a form of public control and academic responsibility in supervising the law and implement the agrarian-based justice. This event is also a form of support towards the 8th goals of SDGs (Decent Work and Economic Growth) and 16th goal of SDGs (Peace, Justice, and Strong Institution).
Siti Rakhma argued that Parto Wirono’s heirs supposedly receive their priority rights over the land since they have utilized the land with good faith, open, and continuous since 1958. Building Use Rights Certificate (SHGB) that issued for PT AMI in 1990 is also considered unclear and unclean due to the abandoning the existence of Sate Pak Parto Restaurant.
On the other hand, Suparman Marzuki also argue that state should take an action when an injustice cases occurred including in the agrarian problem. Besides that, according to Suparman, the Judges that examine the case should apply the principle of honest, fair, objective and accurate. Meanwhile in the case of Rumah Makan Sate Pak Parto, the panel of judges of the Sleman District Court in Case Number: 15/Pdt.G/2022/PN.Smn has been proven violating the ethic code according to the Judicial Commission on 2023.
Herlambang suspected that the panel of judges in this agrarian dispute has committed a mistake that resulting to the loss of the rights from Parto Wirono’s heirs that supposedly receive the priority rights towards the land. The mistakes that committed by the judges was has been suspected is the mistake for the uncertainty in the process of transfer of rights for the land, the mistake regarding the fact that the disputed object has been controlled by the Pak Parto Satay Restaurant since 1958, and mistake regarding the aspect of social justice.
In this case, the principle of Rights to Control by the State should be use for the prosperity of the people and to create the usefulness for the public. The Judge decisions and the government regulation should be based on the spirit of agrarian justice, for a valued and useful lands for the Indonesian people.
Writer : Markus Togar Wijaya (LSJ)
