Tempo Eksplainer: Bagaimana Status Hukum Sertifikat HGB Kawasan Pagar Laut Tangerang?

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Menteri ATR/BPN Nusron Wahid membenarkan keberadaan sertfikat HGB dan SHM di area pagar laut di Desa Kohod, Tangerang, Banten.

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00:00Minister of Agriculture and Spatial Planning or Head of the National Land Office, Nusron Wahid,

00:05authorizes a meeting on the existence of a building rights certificate or HGB

00:10and ownership rights certificate or SHM

00:13in the Pagar Laut area in the village of Kohot, Pakuhaji district, Tangerang, Banten.

00:18The party politician, Golkar, stated that the certificate was in accordance with the data of the BUMI application

00:23owned by the Ministry of Land, Infrastructure and Transport.

00:26However, Nusron asked for time to make sure whether the Pagar Laut area

00:30on the HGB and SHM certificate is on the coastline or not.

00:35Because, according to him, there is a certification application document to the Ministry of Land, Infrastructure and Transport

00:40in the area and was issued in 1982.

00:44The inspection is to ensure whether the area used to be a swamp or indeed a sea area.

00:50In his coverage, Tempo found the HGB and SHM certificates

00:54issued by the Land Office of Tangerang Regency in the village of Kohot in 2023.

00:59The area is 300 hectares.

01:02The HGB and SHM certificates are the trace after the people protested the Pagar Laut.

01:08Of the total HGB certificates found, 234 are owned by PT Intan Agung Makmur,

01:1420 are owned by PT Cahaya Inti Sentosa,

01:17and 9 other areas are owned by individuals.

01:20Based on the data of PT Cahaya Inti Sentosa,

01:25this company is owned by PT Agung Sedayu, PT Tunas Mekar,

01:29and Pantai Indah Kapuk II or PIK II, and several others.

01:34One of the people who holds the position of commissioner there is Fredy Numberi,

01:39Minister of Fisheries and Fisheries 2004-2009.

01:42He also serves as a commissioner at PT Intan Agung Makmur.

01:46Special Staff of the Ministry of Fisheries and Fisheries, Donny Ismanto, said

01:50there was no agreement on the appropriation of sea space activities or PKKPRL,

01:56which was issued by the agency for the land.

02:00The Labor Law does require that every activity at sea

02:04must have PKKPRL from the Ministry of Fisheries.

02:09Nusron ensured that if it was proven that the area was in a beach or sea area,

02:15but the HGB and SHM certificates were still obtained,

02:18he would review the obtainment by removing the certificate.

02:23Nusron also promised to deny the parties involved in the obtainment of the certificate.

02:30The head of Agung Sedayu Group, Muwanes Alaidid,

02:33denied the accusation that the certificate obtained by his client violated the regulations.

02:38He stated that the certificate was in accordance with the procedure.

02:43Secretary General of the People's Coalition for the Justice of Fisheries or Kiarah,

02:47Susan Herawati, denied the statement of Muwanes.

02:51The article, based on the Kiarah leak,

02:54there was no significant change in the coastal area of the village of Kohot.

02:58The regulation intended by Susan is the Law No. 1 of 2014,

03:02Article of Law No. 27 of 2007,

03:06on the management of coastal areas and small islands.

03:10On that basis, she assessed that the obtainment of the HGB and SHM certificates

03:14exceeded the authority of the Ministry of Fisheries or Kiarah.

03:18In addition, Susan stated that the obtainment of land rights on the sea

03:21was contrary to the decision of the Constitutional Court,

03:24Article of Law No. 3 of the Constitution,

03:27Article of Law No. 8 of the Constitution,

03:30The decision, according to her,

03:32violated the concept of the right to commercialization of coastal waters or HP3,

03:37which was regulated in Law No. 27 of 2007.

03:41Kiarah is one of the members of the People's Coalition for the Justice of Fisheries or Kiarah,

03:44who proposed the test of the law at that time.

03:49Susan explained that in the concept of HP3,

03:51there is a scheme for the ownership of space on the sea like on land.

03:55It means that anyone who has money can own land on the sea through HP3.

04:01If it has a business license,

04:03the period of HP3 is the first period of 20 years,

04:06the second period can be extended for 20 years and can be extended for another 20 years.

04:11In that decision, Kiarah CS estimated that HP3 could lose the rights of the people in coastal areas.

04:17The problem is that the owner of the rights on the sea can prohibit coastal communities from being active,

04:23such as catching fish in the area they control.

04:27Moreover, the people estimated do not have the capital to get HP3 from the government.

04:33In her decision, MSK stated that the concept of HP3 is contrary to the 1945 Constitution.

04:47For more information, visit www.fema.gov

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