Our CEO of Leks&Co writes an article titled “MORALITAS HUKUM” as published in property section of Property&Bank Magazine.
On this article he mentions one example of the land dispute in Yogya was started by Handoko, an advocate, who filed a lawsuit through the district court to cancel the Instruction of the Deputy Governor of DIY No. 898 // I / A / 1975 concerning Prohibition of Ownership of Land Rights for Non-Indigenous Citizens
On February 23, 2018, an objection request that had previously been submitted to the Supreme Court was rejected on the grounds that the decision of the Deputy Governor was not considered as a law. Based on the existing law, it is the duty of the judge to respect, understand, and follow the values of justice that lives in society. Is it so easy to reject an application for objection on the basis of “not including the rules of the legislation?” If a decision of a local government agency is not considered as part of the legislation, what is the decision considered? Policy? Note? Even if it is considered a policy or record, are these rules binding on society? This matter should be answered by the judge, not only refusing easily, because the fate of some elements of society depends on the decision. In addition, the arguments for judging reprisals certainly also affect the existing legal system as a whole.
Eddy Leks has been recommended by Legal500, asialaw Profiles, Chambers&Partners, IFLR1000 on corporate and mergers acquisition, construction and real estate, and commercial dispute resolution.
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