Senin, 13 Februari 2023

Legally Declared Dead, Residents Sue the Bandung Population and Civil Registry Service!

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By:
Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Another Unique Case, Judge Marrying Divorce Plaintiff Becomes Second Wife", "These are 4 Legal Cases that Have Befallen the Elderly in Indonesia", "5 Interesting Cases that Become the Jurisprudence of the Supreme Court in Indonesia" you may read also "Examples of Fraudulent Spam Emails" and on this occasion we will discuss about 'Legally Declared Dead, Residents Sue the Bandung Population and Civil Registry Service!'.

A resident of Bandung City, Sulaeman, sued the Bandung City Population and Civil Registry Service (Disdukcapil) to the Bandung State Administrative Court (PTUN). Sulaeman was declared administratively dead, even though he was still alive. The resident from RT (Neighborhood Association): 02, RW (Citizens Association): 07, Cisurupan Village, Cibiru Sub-district, Bandung City, West Java Province, registered his lawsuit at the Bandung State Administrative Court (PTUN) on November 18, 2022.[1]

Sulaeman's lawsuit has gone through two trial processes. First on December 22 2022 and January 5 2023. This case is still being processed at the Bandung Administrative Court. Quoting from the SIPP PTUN Bandung website, one of the requests was to cancel the genitals of the defendant in death statement number: 3273-KM-06102020-0021, in Bandung, 03-10-2001 in the name of Sulaeman who was born in Bandung, 07-06-1989.[2]

"States that the Petitioner named Sulaeman is still alive. Orders the Petitioner to record corrections to the applicant's population data and subsequent recording in the population database. Punishes the respondent to pay the costs of the case," wrote the SIPP (Case Tracing Information System) PTUN Bandung statement, Wednesday (8/2/2023). Sulaeman admitted that he was surprised when he got a call from the bank. Sulaeman at that time planned to take a mortgage (KPR/House Ownership Credit) in the Ciparay area. "The bank said that in the name of Mr. Sulaeman had died. My wife told me again. At that time I was riding an online motorcycle taxi. At first I didn't believe I was laughing. Then the next day I went to Disdukcapil, only found out that he was declared dead," said Sulaeman, Wednesday (8/2/2023). After coordinating with the Bandung City Disdukcapil, Sulaeman was then directed to file a lawsuit at the Bandung Administrative Court. This is because Sulaeman's death certificate has been issued.[3]

"It can be taken a lawsuit by the person who arranged for the death certificate. Because the death certificate has appeared, you have to go to the PTUN first. Because the data has been recorded at the Ministry of Home Affairs," said Sulaeman. Sulaeman admitted that he had attended the first trial with the agenda of proving documents and others. The rest, he was assisted by his attorney. "Yes, it can be as before (determined still alive), there must be a court decision," he said.[4] And if you have any legal issue in Indonesia territory, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Jakarta - Indonesia.
E-mail: mahmudkusuma22@gmail.com

________________
References:

1. "Tak Terima Dinyatakan Meninggal, Warga Gugat Disdukcapil Bandung!", www.detik.com., Sudirman Wamad, Diakses pada tanggal 9 Februari 2023, Link: https://www.detik.com/jabar/berita/d-6558873/tak-terima-dinyatakan-meninggal-warga-gugat-disdukcapil-bandung
2. Ibid.
3. Ibid.
4. Ibid.

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