PRIME NEWS POST

The INDONESIAN, (JAKARTA) — Thirty-five years after a series of court rulings with permanent legal force and the issuance of four decrees by the Head of the National Land Agency (BPN) in 1991, rightful heirs and related parties continue to await resolution of the Pusaka Rakyat ancestral land case covering what is now Sukapura, Cilincing, North Jakarta.

The dispute concerns approximately 56 hectares encompassing the Gading Orchard Housing complex and surrounding areas, including land titles and legal instruments linked to PT Gading Orchard and PT Summarecon Agung Tbk.

Garuda Tri Eka Law Firm emphasized this is not a newly initiated ownership dispute — the underlying rights have already been upheld by court rulings that have attained permanent legal force (inkracht). Following those rulings, the Head of BPN issued four decrees: Nos. 75-XI-1991, 77-XI-1991, 79-XI-1991, and 80-XII-1991.

Case documents show that land certificates originally registered under Pusaka Rakyat were subsequently reissued as certificates in the name of Sukapura and as Building Use Rights (HGB) held by PT Gading Orchard. Replacement certificates were also issued to replace titles annulled under the 1991 decrees.

“Heirs must not be sent back to square one. The focus must be to examine the legality of all land titles issued after the final court rulings and the four 1991 BPN decrees,” the firm stated.

Full Chain of Implementation Must Be Disclosed

The four 1991 decrees cover annulment of earlier certificates, recording of such annulments, withdrawal of old titles, and issuance of replacement certificates. ATR/BPN is urged to fully disclose every procedural step: how the decrees were executed, how replacement titles were issued, conversions to Sukapura certificates, transfers of rights, and the eventual granting of HGB rights to PT Gading Orchard.

“If the process was lawful, show the documents. If irregularities are found, resolve them according to law,” the firm insisted. Later-issued certificates cannot erase the legal history preceding them.

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Final Court Rulings Are Mandatory

Article 37(1) of Minister of ATR/Head of BPN Regulation No. 21 of 2020 stipulates: “Every court ruling that has acquired permanent legal force shall be executed.” Where execution is not possible, Article 37(3) requires written notification to the applicant and the court with clear reasons. Article 38(1) further authorizes administrative action — including the issuance of annulment decrees — to give effect to final judgments.

Garuda Tri Eka clarified these demands are not arbitrary; they simply require ATR/BPN to follow established legal procedures.

Community Has Sought Resolution Since 2023

Heirs and stakeholders previously met with the North Jakarta Land Office on 18 January 2023 to discuss the Sukapura matter. Documentation, including time-stamped photographs, confirms the meeting took place. “The public is not only just now coming forward — the matter was formally submitted to the land authority long ago,” counsel noted.

56 Hectares Must Be Reconciled Parcel by Parcel

Rather than relying on aggregate figures, the firm demands a parcel-by-parcel cadastral reconciliation tracing the complete legal chain:

83 Pusaka Rakyat SHM → Final Court Rulings → 4 BPN Decrees (1991) → Decree Implementation → Replacement Certificates → Sukapura SHM → PT Gading Orchard HGB → Subdivision/Merger/Transfer → Current Active Titles → Cadastral Reconstruction → Third-Party Review → Defect Assessment → Final Determination

Each parcel must be verified as fully included, partially overlapping, or entirely separate. Land registers, survey data, replacement certificates, and historical records are all held by the state — the full chain must be opened and examined.

Grounds for Annulment and Overlapping Titles

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Article 29(1) of Regulation No. 21/2020 authorizes annulment for:

– Administrative or legal defects;
– Non-compliance with a final court ruling.

For overlapping titles, Article 34(2)–(3) mandates review and annulment where defects are found. Defects may include procedural errors, survey inaccuracies, improper issuance of replacements, misapplication of regulations, or misidentified parties or parcels.

The firm outlined a clear process:

RECONSTRUCT PARCELS → OVERLAY MAPS → DETERMINE RELATIONSHIPS → ASSESS DEFECTS → ISSUE DECISIONS

Third-Party Purchasers Must Also Be Reviewed

Allegations of purchase in good faith do not automatically override legal defects. The Supreme Court Circular (SEMA No. 4 of 2016) requires due diligence — including verification of land status and title history from BPN — before a purchaser may claim protection.

For properties derived from PT Gading Orchard’s HGB titles, each transaction must be reviewed:

Parent HGB → Subdivision → Individual Certificates → Purchase Dates → Deeds → Land Registers → Mortgages → Case Links → Cadastral Links → Defect Assessment

“Showing a sale deed is not enough. The Supreme Court requires investigation into title history — and in Sukapura, that history stretches from the original Pusaka Rakyat titles through to the present,” counsel stated.

Police Report Filed

On 30 July 2026, the case was reported to Polda Metro Jaya under Report No. LP/B/5578/VII/2026/SPKT/POLDA METRO JAYA, alleging forgery and document falsification concerning the implementation of court rulings, the 1991 decrees, and subsequent title issuances. The firm clarified the report focuses on actions after the original rulings, not a rehearing of the underlying claims.

Agrarian Reform Must Deliver Results, Not Rhetoric

Garuda Tri Eka described Sukapura as a critical test for the Ministry of ATR/BPN. After 35 years, heirs seek action, not slogans.

“Prove agrarian reform at Sukapura. Open the history of these 56 hectares, parcel by parcel. Audit the four BPN decrees. Reconstruct the 83 original titles down to the latest active certificates. Annul defective titles in accordance with law,” the firm urged.

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Article 17–18 of Regulation No. 21/2020 explicitly mandates follow-up to annulment decisions. The firm’s demands:

✅ DISCLOSE FULL HISTORY OF 56 HECTARES
✅ AUDIT THE FOUR 1991 BPN DECREES
✅ RECONSTRUCT 83 TITLES TO PRESENT
✅ PARCEL-BY-PARCEL OVERLAY AND REVIEW
✅ APPLY SUPREME COURT STANDARDS TO THIRD PARTIES
✅ IDENTIFY ADMINISTRATIVE & LEGAL DEFECTS
✅ ANNUL TITLES PROVEN DEFECTIVE

“Thirty-five years is long enough. The people do not ask for charity — they demand the state do its job. Final court rulings must be executed. Open and resolve the full history of Gading Orchard and Sukapura.”

Garuda Tri Eka Law Firm extends an open invitation for clarification and right-of-reply to the Ministry of ATR/BPN, DKI Jakarta Regional Office, North Jakarta Land Office, PT Gading Orchard, PT Summarecon Agung Tbk, and all named parties.

GARUDA TRI EKA LAW FIRM
Legal Counsel for the Heirs and Parties Named in Court Rulings