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Salah Klaim Identitas Objek Perkara, PT HIM Kehabisan Akal

Bandar Lampung, (BERITASATOE.COM) – Terjadi ketidaksesuaian persepsi saat konfrontasi peta yang disajikan oleh pengacara Tergugat II (BPN Tubaba), antara pihak Penggugat (5 Keturunan Bandardewa) dengan pihak Tergugat II Intervensi (PT HIM) pada Sidang Lanjutan perkara Gugatan Pembatalan HGU PT HIM di PTUN Bandar Lampung dengan agenda bukti tambahan para Pihak, hari ini Kamis (4/11/2021).

Hal itu lantaran PT HIM mengklaim bahwa peta tersebut merupakan peta untuk HGU No 27 bukan HGU No 16 sebagaimana identitas objek yang diperkarakan.

Sontak saja klaim yang dilakukan oleh tergugat II Intervensi ini langsung menuai reaksi tegas dari kuasa hukum penggugat Okta Virnando SH MH. Okta menyatakan bahwa pihaknya memiliki bukti-bukti otentik untuk gugatan kliennya.

Menyadari klaim PT HIM tersebut berpotensi memicu terjadinya perdebatan kusir, ketua majelis hakim langsung melerai dengan mengatakan bahwa benar atau tidaknya klaim tersebut akan didapatkan dalam kesimpulan sidang.

Diketahui, bahwa pada hari ini, Pengadilan Tata Usaha Negara (PTUN) Bandarlampung kembali menggelar sidang gugatan HGU PT HIM. Dipimpin oleh ketua majelis hakim Yarwan SH MH. Sidang ke dua acara penyampaian bukti-bukti dari pihak penggugat dan para tergugat berjalan lancar, sidang berlangsung dari pukul 10.00 wib  hingga 11.20 WIB.

Baik Pihak 5 (Lima) Keturunan Bandardewa (Penggugat) maupun Tergugat I (BPN RI) dan Tergugat II (BPN Tubaba) telah menyampaikan/menyerahkan koreksi pembuktian pada sidang pembuktian pertama Kamis (28/10), minggu lalu. Hari ini Pihak Tergugat II Intervensi (PT HIM) pun telah memulai untuk menyampaikan/menyerahkan pembuktiannya.

Sidang pembuktian dijadwalkan kembali dilanjutkan pada Kamis depan tanggal 11 November 2021. Agenda majelis akan menerima koreksi dari PT HIM dan sekaligus menerima tambahan bukti oleh pihak 5 Keturunan dan PT. HIM.

Hakim ketua menyampaikan, terkait dengan rencana mutasi dirinya dari PTUN Bandarlampung, maka sidang perkara akan dipercepat.

“Dengan cara dalam satu minggu digelar dua kali sidang,” Kata ketua majelis hakim Yarwan SH MH.

Ketua majelis hakim juga menjelaskan, bahwa pada Senin tanggal 15 November 2021 pihaknya akan menggelar sidang pengadilan di lokasi objek perkara berada (descente), guna melihat keadaan atau memeriksa secara langsung objek tanah yang menjadi perkara dengan nomor register 39/Pdt.G/2021/PTUN.BL itu.

Kemudian diagendakan pula, pada Kamis 18 November dan Senin 22 November akan digelar sidang saksi. Dan telah disanggupi pihak tim pengacara penggugat untuk menghadirkan 5 orang saksi, sedangkan pihak tergugat II Intervensi akan menghadirkan dua orang saksi atau lebih.

Setelah sidang kali ini usai, seperti pada persidangan-persidangan sebelumnya, para Tim kuasa hukum Tergugat I, Tergugat II dan Tergugat II Intervensi masih teguh menolak untuk diwawancarai oleh awak media.

Sementara, menanggapi klaim HGU dengan nomor berbeda dari pihak pengacara PT HIM terkait denah lokasi yang diajukan oleh kuasa hukum Tergugat II itu, kuasa ahli waris 5 keturunan Bandardewa Ir Achmad Sobrie MSi mengatakan bahwa PT HIM telah kehabisan akal.

Sebagai warga negara pribumi yang turun temurun berasal dari Desa setempat, Sobrie mengaku dirinya mengetahui secara spesifik tentang tanah adat keturunannya yang telah diduduki sepihak oleh korporasi dan setiap perkembangannya, dalam 40 tahun terakhir.

Menurut Sobrie, Sertipikat HGU No 16 Tahun 1994 berada di area Tiyuh (Desa) Bandardewa, Ujung Gunung Ilir, Panaragan dan Menggalamas.

“Lokasi tanah Ulayat Bandardewa ada didalam sertipikat HGU No 16 Tahun 1994,” ujar Sobrie, Kamis (4/11).

“Sedangkan Sertipikat HGU No 27 Tahun 1996 untuk lahan yang berada di Desa Ujung Gunung Udik, Penumangan, Panaragan Jaya,” tambah dia.

Sobrie mengingatkan, dengan memberikan kesaksian palsu dalam persidangan dapat diganjar pidana.

“Memberikan keterangan saksi yang bohong dalam sidang pengadilan, itu dapat dipidana,” pungkas mantan tenaga ahli Pemkab Lampung Tengah itu mengakhiri keterangannya.  (Robby/Red)

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