Bogor (05/12/2022)

Declared to have committed unlawful acts, the State Administrative Court of Bandung punished the Regent of Bogor for managing, fostering, and supervising the handover of Public Infrastructure, Facilities, and Utilities within Sentul City Residential Area.

On November 15, 2022, PTUN Bandung handed down a verdict that resulted in the victory of the residents of Sentul City Residential Area against the Regent of Bogor (Defendant).  The ruling, which had permanent legal force (inkracht van gewijsde) since December 2, 2022, declares that the Regent of Bogor has committed unlawful acts because he did not manage, foster, and supervise the delivery of Public Infrastructure, Facilities, and Utilities (PSU) within the Sentul City Residential Area.

The lawsuit is registered under Case Registration Number: 51/G/TF/2022/PTUN. Bdg., dated May 27, 2022, and was filed through the mechanism of Tort Claims Against Authorities/Government Agencies (onrechtmatige overheidsdaad) for the umpteenth time from residents of Sentul City Housing Complex.  The lawsuit was filed because the Regent of Bogor remained silent and was not proactive in terms of requesting, verifying, managing, fostering, and supervising the submission of PSU.

In addition to being declared being against provisions of Ministry of Home Affairs Regulation  No. 9 of 2009 concerning Guidelines for the Delivery of Housing and Settlement Infrastructure, Facilities, and Utilities in the Regions; Regional Regulation Bogor Regency No. 7 of  2012 concerning  Housing and Settlement Infrastructure, Facilities, and Utilities; and the General Principles of Good Governance (AAUPB), the High Court considered the Regent of Bogor’s actions to have inflicted losses towards the Plaintiffs for not properly enjoying the facilitation of the PSU in the area where they live; the PSU that was promised by the developers were never finished, despite it already being promised to be built long ago;  residents were still charged the  payments of Environmental Maintenance and Repair Fees (“BPPL”) by PT Sentul City Tbk.,  arbitrarily, even though there is a decision made by the Supreme Court of the Republic of Indonesia which essentially states that PT Sentul City Tbk., had no right to withdraw BPPL from the residents of Sentul City Residential Area since it is an action that goes against the law.

Throughout the course of the proceedings, it was informed that the Defendant’s Actions were extensively considered as corruptive actions as they all had the potential to induce state or local losses, due to the loss of assets and sources from the local revenue. Furthermore, the residents of Bojong Koneng Village, who lives around the Residential Area, have experienced losses because of the difficulty of accessing public facilities such as transportation, health, education, and economic as well as government centers.

With the existence of a decision that allows the punishing of the Defendants to manage, foster, and supervise the delivery of PSU in the Sentul City Residential Area, we urge and emphasize that:

1. The Regent of Bogor has to immediately implement the contents of the decision through verifying, managing, supervising, and fostering the rectification of PSU throughout Sentul City Residential Area, since it has passed the grace period of the PSU submission, which is 1 (one) year after the maintenance period or has undergone maintenance by the developer no later than 6 (six) months from the completion of construction;
2. The Regent of Bogor enforcing and imposing sanctions on PT Sentul City Tbk., for having been disorder and violating the provisions in terms of the delivery of PSU in the Sentul City Residential Area; and
3. The Corruption Eradication Commission (KPK) being the monitor and supervisor towards the rectification of PSU in Sentul City Residential Area because there have been strong allegations of the actions done by the Regent of Bogor, which have caused state and/or losses in the Bogor Regency area.

Respectfully,
AMAR Law Firm & Public Interest Law Office