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There was a land conflict between PT Perkebunan Nusantara (PTPN) VIII and Pondok Pesantren (Ponpes) Markaz Syariah (MS) led by Habib Rizieq Shihab in Megamendung, Bogor Regency. PTPN VIII has issued a subpoena requesting Markaz Syariah to hand over the land.
Later, the Islamic Defenders Front (FPI) released a video containing Habib Rizieq’s explanation of the matter. In essence, Habib Rizieq recognized that PTPN VIII had the right to farm (HGU), which became the Islamic Markaz boarding school. However, the land was abandoned for 30 years.
Referring to the Agrarian Law (UU), he believes that if there is land abandoned for 20 years, the land can become the property of the cultivator. He also believes that the HGU can be canceled if the owner of the HGU abandons the land under management.
That’s right?
The land rights themselves are regulated in Law No. 5 of 1960 on Basic Agrarian Principles. Especially since the right to farm is regulated in Part IV. In Article 28 of the Law, Paragraph 1, it is explained that the right to cultivate is the right to exploit land directly controlled by the State within the period referred to in Article 29, for agricultural, fishing or livestock companies.
Then, in number 2, it is explained that HGU is delivered on land with an area of at least 5 hectares, provided that if the area is 25 hectares or more, an adequate capital investment and good corporate techniques must be used, according to the times. In paragraph 3 it says that HGU can be transferred and transferred elsewhere.
“The right to use companies is granted for a maximum period of 25 years”, says article 29, paragraph 1.
However, paragraph 2 states that companies that need more time can obtain HGUs for a maximum period of 35 years.
“At the request of the holder of the right and taking into account the condition of the company, the term referred to in sections 1 and 2 of this article may be extended for a maximum period of 25 years”, reads article 29 section 3.
Furthermore, Article 30.1 establishes that those who can have an HGU are (a) Indonesian citizens and (b) legal entities established under Indonesian law and located in Indonesia. In Paragraph 2 it is explained that the natural or legal person who has HGU does not comply with the conditions mentioned in Paragraph 1 within a period of one year, it will assign or assign the right to another qualified party. This provision also applies to other parties that obtain HGU if you do not meet the conditions.
“If the right to cultivate in question is not released or transferred within that period, then the right is overridden by law, provided that the rights of other parties are respected, in accordance with the provisions stipulated in a Government Regulation”, Article 30, paragraph 2 continues.
Article 31 establishes that the HGU is produced by decision of the government. In article 32 numeral 1 it is established that HGU, including the conditions for its granting, as well as any assignment and elimination of said rights, must be registered in accordance with the provisions of article 19.
In article 32, paragraph 2, it is written that the record referred to in paragraph 1 is a solid means of proof about the transfer and abolition of the right to cultivate, except in the case that the right is abolished because the period has expired.
There are a number of things that cause HGU to be removed as regulated in Article 34. Here are the details:
to. the period ended
second. Finished before the period ends because some conditions are not met c. released by the right holder before the term expires
re. revoked for public interest
me. abandoned
F. the land was destroyed
gram. provisions of article 30 paragraph 2.
How do you claim Habib Rizieq HGUs? Open the next page.
Watch video “Habib Rizieq’s explanation of the Sharia Markaz Islamic boarding school land case“
[Gambas:Video 20detik]
