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That PT BALI DANA DHIPA (Hotel
Kayu Manis Bali ) is a Company
Limited established according to
the provisions of I n d o n e s i a .
Located at J.Yoga Perkanthi
Environment, Pesalakan, Subdistrict
Jimbaran, South Kuta District,
Badung Regency, Bali Province. In
this is represented by IR. SINARTO
DARMAWAN who acts deeply
his position as President Director of
and therefore represents the Board of Directors for
and on behalf of the Company PT BALI
DANADHIPA, based on Deed No. 54
dated 03 December 2005, which
made before a Notary in Surabaya.
That on January 15, 2002,
client – PT BALI DANA DHIPA as
The Tenant has Rented the Land Plot
from I WAYAN TEREK, DIs. I MADE
TARIP WIDARTA, INYOMAN SEREP,
SH, I KETUT ADNYANA (Ic. NI KETUT
SUPERKI as HEIR, and I
WAYAN ASTAWAN as Land Owner
who has the position of Giver
Rent, as Alta Rent
Number: 27 dated 15 January 2002 and
Deed of Vacation Agreement Number: 28
dated January 15, 2002, which was made
in front of Ni Nyoman Sudjarni, SH,
Notary in Kuta, for Land
(Hereinafter referred to as “OBJECT
RENTING), including the following.
A plot of land based on Certificate of Ownership Number: 8293/District of Jimbaran dated 17 September 2001, Letter of Measurement Number: 1708/2001 dated 4 July 2001, Area of 31,800 m° (three hundred and one thousand eight hundred square meters), located in Village of Jimbaran, District Kuta, Badung Regency, Bali Province, registered Rights Holder - I WAYAN TEREK, Drs. I MADE TARIP WIDARTA, I NYOMAN SEREP, SH, I KETUT ADNYANA and I WAYAN
ASTAWAN.
Part of a plot of land based on Millk Rights Certificate Number. 8294/ Jimbaran Village dated 17 September 2001, Measurement Letter Number: 1709/2001 dated 4 July 2001, covering an area of 7,200 m° (seven thousand two hundred square meters) out of a total area of 8,200 m° ( eight thousand two hundred square meters), which is located in Jimbaran Village, Kuta District, Badung Regency, Bali Province, with boundaries namely North:
Owned Land, East: Remaining Land, South: Owned Land, West: Owned Land, registered Rights Holder - I WAYAN TEREK, Drs. I MADE TARIP WIDARTA, I NYOMAN SEREP, SH, I KETUT ADNYANA and I WAYAN
ASTAWAN.
Thus, the total area of the land plot (leasehold object) is
rented by the client – PT BALI DANADHIPA as Lessee from the Lessors
( I WAYAN TEREK, Drs. I MADE TARIP WIDARTA, I NYOMAN SEREP, SH, I
KETUT ADNYANA and I WAYAN ASTAWAN is an area of 31,800 m° + 7,200 m° = 39,000 m° (thirty nine thousand square meters.
That the lease of the Land Plot mentioned above is carried out for 30 (three
putuh) Year, starting from January 15, 2002 to January 15, 2032
Article 2 Deed of Vacation Agreement Number: 28 dated January 15 2002, made before Ni Nyoman Sudjami, SH, Notary in Kuta). The costs paid by the Client - PT BAL DANADHIPA as Lessee to IWAYAN TEREK, Drs. IMADE TARIP WIDARTA, INYOMAN SEREP, SH, I KETUT ADNYANA and I WAYAN ASTAWAN as Renters include Biana Rent of Rp. 3,000,000,000.- (three billion rupiah) as per Lease Deed Number: 27 dated January 15 2002, made before Ni Nyoman Sudjarni, SH, Notary in Kuta and Vacancy Fee of Rp. 8,700,000,000.- (eight billion seven hundred million rupiah) as stated in Deed of Vacation Agreement Number. 28 dated January 15 2002, made before Ni Nyoman Sudjarni, SH, Notary in Kuta.
Whereas then on 02 March 2007, the Client - PT BALI DANADHIPA) as Lessee (Ic. Re-Lease Provider) has leased back / Re-Lease (Sublease) part of the Lease Object to PT BALI RESORT & LEISURE as Re-Leaser, namely an area of 11,320 m° (eleven thousand three hundred and twenty square meters) of a total area of 31,800 m° (three and one thousand eight hundred square meters) based on Milk Rights Certificate Number:
8293/Jimbaran Subdistrict, as per Deed of Re-Lease Agreement Number: 01 dated 02 March 2007, made before Liang Budiarta B., SH, Notary in Badung Regency (hereinafter referred to as "RE-RENEASE OBJECT (SUBLEASETM.
That the sublease period will be implemented starting from
March 2 2007 to January 15 2032. The rental fees paid by PT BALI RESORT & LEISURE as the Renter to the Client - PT BALI
DANADHIPA as the Renter (Re-Lease / Sublease) is USD
462,600 (four hundred six plus two nbu six hundred United States Dollars).-
That the Client – PT BALI DANADHIA has the right and authority to
sublease/re-lease (sublease) of part of the leased object
Renting to PT BALI RESORT & LEISURE, which is an area of 11,320 m°, is
based on the provisions of Article 7 letter a Alta Lease Number: 27 dated
15 January 2002, made before Ni Nyoman Sudjarni, SHI, Notary in Kuta.-
That the Lessors (I WAYAN TEREK, Drs. I MADE TARIP WIDARTA, I
NYOMAN SEREP, SH, I KETUT ADNYANA and I WAYAN ASTAWAN) to the Client - PT BALI DANADHIPA has been sued by a third party namely I MADE DHARMA, S.H, DKK who claims to be the heir (Heirs of I WAYAN RIYEG (ALM.) and I WAYAN SADERA (AIM.) as well as the LEGITIMATE owner of the Object
Rent of land rented by Client – PT BAL DANADHIPA covering an area of 31,800 m°
+7,200 m° =39,000 m° (thirty nine thousand square meters) referred to based on DESCRIPTION LETTER NUMBER: 4 7 0 / 1 0 1/PEM dated 4 AUGUST 2022 as in Lawsuit Number: 50 /PDT.G/2023/ PN.DPS JANUARY 18, 2023.-
That one of the Plaintiffs in Lawsuit Number: 50 /PDT.G/2023/
PN.DPS DATE 18 JANUARY 2023, namely an. I KETUT SENTA based on Deed of Vacation Agreement Number 9 dated 21 SEPTEMBER 2002, which was made before LIANG BUDIARTA. B, SH, Notary in Badung - Kuta Regency basically explained that I KETUT SENTA is the holder of the Rental Rights over the two plots of land mentioned above.
Based on the identification of the Client's problems - PT BAL DANADHIPA relating to the rental process mentioned above, there is a Lawsuit Number: 50 /PDT.G/2023/PN.DPS DATE 18 JANUARY 2023 from the Plaintiffs (I MADE DHARMA, S.H, DKK) in The lawsuit above is alleged to have committed fraud and embezzlement as well as false statements in the Vacancy Agreement Number 9 dated 21 SEPTEMBER 2002, which was made before LIANG BUDIARTA. B, SH, Notary in Badung - Kuta Regency, and where legal action can still be taken by the Client - PT BAL DANADHIPA based on applicable law in Indonesia, based on identification of problems related to the PT case
BALIDANADHIPA, then based on regulations or legal provisions
applicable in Indonesia, we can carry out the following legal analysis:
.1 Whereas regarding the material in the case of the Client - PT BALI DANA DHIPA relating to the actions of the Plaintiffs - I Made Dharma, SH - DKK, it is alleged that there are acts of Fraud and Embezzlement, as well as False Statements in the Deed of Vacant Agreement Number 9 dated 21 SEPTEMBER 2002, which was made in the presence of LIANG BUDIARTA. B, SH, Notary in Badung – Kuta Regency.
2. That the Plaintiffs – I Made Dharma, SH – DKK clearly and clearly have
committing unlawful acts against PT BALI DANA DHIPA.
Based on identifying the problem and looking at the applicable regulations or provisions, we have carried out a legal analysis regarding this legal issue, then the DHIPA ADISTA JUSTICIA JL Lawyers Office. Kusuma. Taman Duta Mas Ruko Complex, Block B1, No. 36. Wijaya Kusuma Village, Grogol, Petamburan, West Jakarta Pol Kombes (P)DR.Drs.Hadi Purnomo.SH.,MH -Police Commissioner (P)Drs.Frankie Samosir.SH – Nicho Hezron.SH.,MH – Marusaha Hutadjulu.SH.,MH – Jessie Hezron.SH.,MH – Bambang Christian.SH – Yohana Christien Benelux Sirait.SH.,MH Law Kussa from PT BALI DANA DHIPA
(Hotel Kayu Manis Bali) reported the actions of the plaintiffs - I Made Dharma, SH - DKK to the Indonesian police, relating to fraud and embezzlement, as well as false statements made by the plaintiffs - I Made Dharma, SH - DKK against PT BALI DANADHIPA (Hotel Kayu Sweet Bali )
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