Kamis, 30 Mei 2013

APARTMENTS Slipi: "LETTER TO SYAFRAN SOFYAN Harjadi jahja SH, SPN., M. Hum (Lecturer Defense) "Extension of the Joint Land Rights Slipi apartments HGB 1271/PalMerah"

English Version


Hukum HAM Jakarta - Based on the decision agenda of EGM (Extraordinary General Meeting) on ​​election officials the period 2008-2011 by Daniel Indra Hermawan Chandra and Djajadi, results of Agenda No. 5 on the next Board election, elect seven (7) members.
Minutes of Meeting No. 3 dated 23 February 2008 by Leo Prayogo SH SH, SPN, Notary in Jakarta.
Harjadi write in detail and concretely about the material as well as the agenda of the EGM to Syafran Sofyan (Lecturer Defense) and Official Notary Public-Auction.
Are as follows:,

Agenda No. 3, 4, 7, who will dlanjutkan, while No. 5 is the final agenda. Hermawan Chandra during his tenure as Chairman PPRSH has signed a number of joint giro cheuqe and other board colleagues Wiekewati Jahja and Novidiani Haryono. This as evidence that Herman had run No. 5 agenda.
Then the caretaker period 2008-2011 held on 30 April 2011 Annual General Meeting (RUTA) in which the final outcome a decision on the selection committee meeting agenda for the period 2011-2014, which has been elected by the Voting results Dipl-Ing Harjadi Jahja, SH, MH as Chairman , the results of the meeting are recorded in the Deed of Annual General Meeting No. 17 dated 30 April 2011 by Ny.Grace Supena Sundah, Sh., Notary in Jakarta.
A year Harjadi lead back Hermawan and Daniel invite members to attend PPRSH Slipi Apartments EGM dated March 10, 2012 meeting with one agenda meeting agenda mentioned No. 5 in the EGM dated 23 February 2008 on the selection committee that the period 2008-2011 where the No. 5 meeting agenda is final and binding, the proceedings are recorded in the Deed No. 11 dated March 10, 2012 made by SH.Leo Prayogo, SH, SPN., Notary in Jakarta, which includes Dra. Ayu Indah Anggraini as Chairman. Beautiful Harjadi et al tried to annul stewardship as Chairman of the running by referring to the Deed No. 11, one of them attempts to block current account at Bank Mandiri branch S.Parman, but did not succeed because of legal bank is asking the court verdict and has condemnatoir Keep the new law granted power. Because it does not work then Indah et al to capitalize on Deed No. 11 of the 'intervening' land offices and municipal offices in West Jakarta area of ​​Jakarta BPN, and successful, so far the process of extending land rights certificates with HGB Slipi apartment 1271/Palmerah that his rights berakir September 16, 2012 is still "in limbo", even now under investigation, on trial at Administrative Court of Jakarta in connection negativ fictitious lawsuit over pettitum about Decree extension or renewal of the HGB.
Harjadi as Chairman definitiv made a police report at the Jakarta Police on suspicion of forgery TBL/1751/V/2012/PMJ/Dit.Reskrimum No Deed No. 11 dated 10 March 2012 which made SH.Leo.Prayogo, SH, SPN. , Notary based in Jakarta. The last inspection by the investigator asked him, just stay the expert testimony of expert Notary, Expert Criminal and Housing Expert.

QUESTION:
1. Is No. 5 on the agenda of the election board in the 2008-2011 period Deed No. 3 dated 23 February 2008 made by Notary SH.Leoprayogo, SH, SPN can be vouched for by birth, formal and substantive, and be justified by law by a notary in question?
2. Is Agenda No. 5 which has the final scheduled to return at a meeting organized by Hermawan and Daniel dated March 10, 2012?
3. Is Leoprayogo Notary SH, SH, SPN, may be penalized according to the law of notary deeds make Deed No. 11 dated March 10, 2012 meeting agenda that it went No. 5 EGM dated 28 February 2008 which is final and binding?
4. Is AktaBerita Event No. 3 dated 23 February 2008 and Deed No. 11 dated March 10, 2012 which are both made by the same notary verdict agenda includes No. 5 to the contrary can be justified according to the law notary?
5. Is Deed No. 3 dated 23 February 2008 which is attached to the Deed minuta Annual General Meeting No. 17 dated 30 April 2011 made by Ny.Grace Supena Sundah, SH, Notary in Jakarta and its contents shall include the board 2011-2014 The apartments are suitable PPRSH Slipi law notary?
6. Are administrators who adhered to the period 2011-2014 Deed Annual General Parat No. 17 dated 30 April 2011 made by Ny.Grace Supena Sundah, SH to intervention by a group of people who claim to be the Board PPRSH based on Deed No. 11 dated 10 March 2012 made by Notary SH.Leoprayogo, SH?
7. Is the power law Deed can be equated with legal force that is condemnatory verdict trials so that the Head of West Jakarta municipal land office and head office of DKI Jakarta Regional BPN to intervention? For your attention and I would like to thank the answer, Best regards:

Dipl,-Ing, Harjadi Jahja SH, MH.
Chairman Definitive PPRSH Slipi Apartment

ANSWER:

Dear Pah Harjadi Jahja, Based on your brief description and tell me I will answer some questions
Briefly, given the very limited field in this rubric, the details can be via email, the answer is as follows:

1. Number 5 on the agenda of course the election board in the 2008-2011 period Deed No. 3 dated 23 February 2008 made by Notary Leoprayogo SH SH, SPN, can be vouched for Real sepaqnjang event is seen, heard and recorded by him and can be accountable to the law, and the same events as outlined in the Deed of TSB, as a Notary in the work should be based UUJN * (Notary Act) and the Code of Professional Ethics.
2. By law an act which has the final decision by the General Meeting can not be repeated again. Because organizers EGM by Hermawan et al with furthering the agenda of the meeting agenda No. 5 on the selection committee the period 2008-2011 dated March 10, 2012, not through the Tata-way in AD / ART PPRSH, and no prior court ruling that declared PPRSH 2012-2013 Invalid, then the UNAUTHORIZED EGM.
3. Mandatory Notaries comply with laws and regulations applicable in each make a note let alone the deed can bring right to the holder. Related to the presence of 2 (two) were both created by the Deed of Notary Leoprayogo SH, SH, SPN. Meeting ie Deed No. 3 dated 23 February 2008 No. 5 on the agenda includes the election officials have the final 2008-2011 period, but resumed again in the Deed No. 11 dated 10 Mareat 2012, the Notary is to blame / be penalized, along there is false information included in the Act number 11 of 2012 the.
4. The decision of the meeting agenda number 5 as stated in Deed No. 3 dated 23 February 2008 produced a different management structure with a board of management sebaiman contained in the Deed No. 11 dated March 10, 2012, it can not be justified by law have implications for the impact the interests of each group of the agenda committee produced conflicting No. 5. Second Deed of these, one of them there is no right or placed false information (false); later in evidence during the trial, if there is involvement of Notaries in helping the differences in the composition of the board.
5. Attaches Deed No. 3 dated 23 February 2008, made by SH, Leoprayogo, SH, SPN, Notary in Jakarta on Minuta Deed of Annual General Meeting No. 17 dated 30 April 2011 made by Ny. Grace Supena Sundah, SH, Notary in Jakarta is already true for Notaries must know the results of EGM earlier decision of board of management of the period 2008-2011. Thus organizing the Annual General Meeting on 30 April 2011 has been properly executed by the Board as stated in Deed No. 3 dated 23 February 2008 the.
6. Caretaker period 2011-2014 as set forth in the Deed of Annual General Meeting No. 17 dated 30 April 2011 made by Ny. Grace Supena Sundah, SH, Notary in Jakarta aqdalah the SAH and Definitiv board, elected by the General Meeting by voting. Thus activities in carrying out its staff can not intervene by anyone except the [court decision that has the power eksekuturial and binding.
7. Deed can not be equated with a court ruling that is Condemnatoir or punish. Hence Head of West Jakarta Municipal Land Office and the Head of Jakarta BPN Regional Office should reject the intervention of the holder of the Deed came later. It is fitting that what the Legal section bank is asking the court decision and had a magnitude Condemnatoir fixed laws, new requests can be met. And also to be seen in the Material field management who is running the wheel. Input, and suggestions for BPN RI, so that rules regarding blocking, or object on the ground intervention / certificates, for the sake of legal certainty and justice, Block should be accepted when sedah ​​no binding legal force / inkrah of pengadilan.Demikian short answer from me, Caregiver , may be useful.
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