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Markaz Syariah’s defense team responded to the subpoena sent by PT Perkebunan Nusantara (PTPN) VIII regarding a request to leave land in Megamendung, Bogor. They considered that the summons sent by PTPN VIII had the wrong address.
“That your summons is mistake in person because PTPN VIII should have sent complain whether criminal or civil for the party that sells the land to the pesantren or HRS, because the pesantren is known to all officials, from the village head to the governor, he bought the land from another party claiming and explaining that the land to him belongs to him, “said the advocacy team’s response. Markaz as received detikcom, Saturday (12/26/2020).
There are 11 points contained in the letter of response to the subpoena from PTPN VIII regarding the application of the Islamic boarding school Markaz Syariah (Ponpes). The response was signed by six people who received legal advice from Habib Rizieq Shihab (HRS).
The six people are Munarman, Sugito Atmo Pawiro, M Ichwanudin Tuankotta, Aziz Yanuar P, Nasrullah Nasution, and Yudi Kosasih. They responded to the citation of PTPN VIII number SB / I.1 / 6131 / XII / 2020, dated December 18, 2020.
In the subpoena, it was written that there was a problem with the physical use of the land of the PTPN VII HGU, Kebun Gunung Mas, which covers an area of approximately 30.91 hectares, by the Markaz Syariah School of Agroculture since 2013 without PTPN permission and approval VIII. Furthermore, Markaz Syariah was asked to hand over the land no later than seven working days after receiving this letter. If the summons is not honored, the West Java Regional Police will be informed.
They admit that they just found out about the certificate of land use rights (SHGU) where Markaz Syariah is located after receiving a subpoena from PTPN VIII. They said Habib Rizieq believed in buying the land because the community had managed it for a long time.
“Whereas the land mentioned above was empty or abandoned land that was physically controlled and managed by many people for more than 25 years,” he said.
“That the community has such a long history of physical control, so our clients believe that the land is the legal property of the growers, so our clients are willing to buy the land from the landowners,” he added.
The following is the full response to Markaz Syariah’s defense team for the PTPN VIII subpoena:
Regarding the Letter of someday that you transmitted to us, Letter No. SB / I.1 / 6131 / XII / 2020, dated December 18, 2020, we hereby would like to transmit responses / responses to your Somasi, including the following:
1. Considering that his sentence was a mistake in person because it should have been PT. PN VIII filed a criminal or civil complaint to the party that sold the land to the Pesantren or HRS, because the Pesantren was known to all officials, from the Village Chief to the Governor, bought the land from another party who claimed and explained that the land belonged to him. This admission was confirmed by the competent official who knew and was processing the administration of the transfer of the land. By law, seen from the aspects of civil law and civil procedural law, PT. PN VIII was wrong and had no legal reason to ask HRS to vacate the land, unless there was a legal decision that was legally binding and decided that the position of the pesantren or HRS as a bona fide buyer was canceled, i.e. , the summons was premature and the parties were wrong;
2. Considering that we have just learned of the existence of SHGU No: 299 dated July 4, 2008 through its letter No: SB / I.1 / 6131 / XII / 2020, dated December 18, 2020;
3. Whereas our client has purchased the land currently occupied, cultivated, and built by our client, from the farmers who physically control and manage the land, as well as from the previous owners;
Additional response points from the Markaz Syariah Defense Team on the PTPN VIIII citation can be read on the next page.
