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The Ministry of Agrarian Affairs and Spatial Planning / National Land Agency (ATR / BPN) explained that the land of the Islamic Markaz Syariah boarding school owned by Habib Rizieq in Megamendung, Bogor, West Java, belongs to PTPN VIII and cannot be handed over to community. The Islamic Defenders Front (FPI) defended itself by offending the jurisprudence of the Supreme Court (MA).
FPI’s lawyer, Aziz Yanuar, acknowledged that the right to cultivate Markaz Syariah’s land belonged to PTPN VIII. But FPI, Aziz said, was referring to MA Jurispudence Number 329K / Sip / 1957 of September 24, 1958.
“It is true that the HGU belongs to PTPN VIII. However, there is MA Jurisprudence No. 329K / Sip / 1957 of September 24, 1958 that confirms that those who let the land for 18 years be controlled by other people are considered to they have renounced their rights to the land, “Aziz told reporters on Friday (12/25/2020).
Separately, detikcom check the jurisprudence of the Supreme Court of the Republic of Indonesia No. 329 K / Sip / 1957, of September 24, 1958, cited in a decision of the Supreme Court. Here is MA’s 1958 Jurisprudence:
“A person who simply abandons the land that was entitled for 18 (eighteen) years to be controlled by another person is considered to have renounced the right to that land (rechtsverwerking).”
Aziz emphasized that FPI is ready to hand over the land to PTPN VIII for the benefit of the state. However, Aziz said, PTPN VIII should replace the costs incurred for the development of the land.
“If indeed PTPN VIII wants to use it for the benefit of the state, go ahead, but replace the costs that people have paid for overwork and construction,” he said.
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