Badung Regent loses legal battle

Badung Regent Anak Agung Gde Agung has lost a legal battle against PT Solusindo Pratama at the Denpasar Administrative Court after he was sued for dismantling eight telecommunication towers constructed in the regency.

Judges Diah Widiastuti and M. Aly Rusmin accepted the company's arguments, stating that it gave convincing evidence to support its lawsuit.

Last February, the company filed a lawsuit against the regent for issuing a demolition order for the eight towers. The regent issued the order on the grounds that the company did not have building permits to construct the towers.

The towers were used by cellular operators including PT Excelcomindo and PT Telkomsel.

The judges were of the opinion that the demolition order signed by the Badung regent on Nov. 20, 2009, "be revoked for the sake of justice".

"The issuance of the demolition order violated a good-governance system," Widiastuti said.

However, the judge refused the company's demands.

The company was seeking to have the regent pay Rp 134 billion and Rp 1 trillion in compensation for financial losses due to the demolitions.

The regent, represented by Sur-yadharma, said he would appeal the court's decision.

"The demolitions were in line with the regional bylaw on building permits," Suryadharma said.

The Badung administration, he added, had the right to regulate and to demolish any building that had no building permit.

The company's lawyer, Eben Ezer Siregar, said he was satisfied with the court decision.

"Building permits should not be used as the main reason to demolish the towers," he said.

"Our client had operational licenses. Logically, if my client holds an operation license, they must have had the necessary building permit."