Land/Land as the Object of Dispute in Civil Cases

The following is an example case of the application of an exception error in objecto in a civil case. M DG. T. et al (as the Heirs of the late B DG. T) as the Plaintiffs have sued PT. PI, HY, and WH as the Defendants as well as the Lurah of Parangloe and the Camat of Tamalanrea as the Co-Defendants in the Makassar District Court.

The claim in the a quo case is essentially regarding a land ownership dispute (hereinafter referred to as the object of dispute) covering an area of 1.22 Ha or + 12,200 m2 (approximately twelve thousand two hundred square meters) with a basis of rights in the form of Rintjik on plot number 31 DI, Kohir Number 226 CI, which was formerly located in Bontoa Village, Bira District, Maros Kewadanan, now located on Jalan Lingkar Barat, Parang Loe Village, Tamalanrea District, Makassar City, South Sulawesi Province.

The Plaintiffs argued that the object of the dispute belonged to them as the Heirs. However, the object of the dispute has been transferred by HY to WH to be further transferred by WH to PT. PI before the Head of Tamalanrea Sub-district as the Land Deed Official (PPAT) and witnessed by the Head of Parangloe Village.

In their answer, the Defendants and Co-Defendants focused on the exception argument regarding the legal standing of the heirs which is obscuur libel and the lawsuit which is error in objecto (error in objecto).