Juridical Analysis Of Changes In Land Rights From The Status Of Business Use Rights To Management Rights In The Sei Mangkei Special Economic Zone PT. Perkebunan Nusantara III (Persero)

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Juridical Analysis of Changes in Land Rights from the Status of Business Use Rights to Management Rights in the Sei Mangkei Special Economic Zone PT. Perkebunan Nusantara III (Persero)

Introduction

The Special Economic Zone (KEK) of Sei Mangkei, established by PT. Perkebunan Nusantara III (Persero), is a complex and challenging project that involves the transformation of land rights from the Right to Use Rights (HGU) to the Management Rights (HPL). This process is governed by various laws and regulations, including Government Regulation No. 29 of 2012 concerning KEK Sei Mangkei. In this article, we will conduct a juridical analysis of the changes in land rights from HGU to HPL in the Sei Mangkei KEK.

Background

The proposal for the formation of KEK Sei Mangkei was submitted by PT. Perkebunan Nusantara III (Persero) to the Simalungun Regency Government, which was then forwarded to the Special Economic Zone National Council. The Council recommended the determination of KEK Sei Mangkei to the President, who subsequently designated the Sei Mangkei area as KEK and PT. Perkebunan Nusantara III (Persero) as the proposing business entity. The President also set the criteria and requirements for the KEK, as stipulated in Government Regulation No. 29 of 2012.

Land Acquisition and HGU Release Permit

As the proposing business entity, PT. Perkebunan Nusantara III (Persero) is responsible for acquiring 2,002.77 ha of land in Sei Mangkei Village, Bosar Maligas District, Simalungun Regency, North Sumatra, which will be used as KEK. However, the land is still bound by HGU, which must be released before the land can be used for KEK purposes. PT. Perkebunan Nusantara III (Persero) submitted an application for a permit to release the HGU to the National Land Agency of the Republic of Indonesia through the Regional Office of the National Land Agency of North Sumatra Province.

Measurement of HGU Area and Application for HPL

After obtaining the HGU release permit, PT. Perkebunan Nusantara III (Persero) submitted an application for measurement of the area of ​​HGU covering 2,002.77 ha to the Regional Office of the National Land Agency of North Sumatra Province. Once the measurement is completed, PT. Perkebunan Nusantara III (Persero) can submit an application for management rights to the Land Agency of the Republic of Indonesia. On June 23, 2014, the Land Agency issued Decision No. 27/HPL/BPN RI/2014 concerning the granting of management rights to PT. Perkebunan Nusantara III (Persero) for four land divisions located in Simalungun Regency, North Sumatra Province.

Obstacles in the Process of Changing HGU to HPL

Despite the efforts of PT. Perkebunan Nusantara III (Persero), the process of changing HGU to HPL in KEK Sei Mangkei is not running smoothly. Several obstacles have been encountered, including:

  • Not yet determined the Simalungun Regency Regional Spatial Plan (RTRW): This results in KEK Sei Mangkei not yet having a clear RTRW.
  • Constraints for the period of completion of requests for changes in rights: The process of changing rights requires a long time, so that it becomes an obstacle for PT. Perkebunan Nusantara III (Persero) to immediately use the KEK land.
  • Internal and external constraints in KEK Sei Mangkei: There are internal and external constraints in the Sei Mangkei KEK area that can hamper the smooth process of changing rights.

Conclusion

From the juridical analysis above, it can be concluded that the change in the rights to the land from HGU to HPL in the Sei Mangkei KEK is a complicated process and requires a long time. There are several obstacles that must be overcome so that this process can run smoothly and support the development of the Sei Mangkei KEK in accordance with its purpose.

Recommendations

It is recommended that PT. Perkebunan Nusantara III (Persero) and the relevant authorities take the following steps to overcome the obstacles in the process of changing HGU to HPL:

  • Determine the Simalungun Regency Regional Spatial Plan (RTRW): The RTRW is essential for the development of KEK Sei Mangkei, and its determination should be prioritized.
  • Streamline the process of changing rights: The process of changing rights should be simplified and accelerated to enable PT. Perkebunan Nusantara III (Persero) to use the KEK land immediately.
  • Address internal and external constraints: The internal and external constraints in the Sei Mangkei KEK area should be addressed to ensure the smooth process of changing rights.

Final Thoughts

The juridical analysis of the changes in land rights from HGU to HPL in the Sei Mangkei KEK has highlighted the complexities and challenges involved in this process. It is essential that PT. Perkebunan Nusantara III (Persero) and the relevant authorities work together to overcome the obstacles and ensure the smooth development of the Sei Mangkei KEK in accordance with its purpose.
Frequently Asked Questions (FAQs) about the Juridical Analysis of Changes in Land Rights from the Status of Business Use Rights to Management Rights in the Sei Mangkei Special Economic Zone PT. Perkebunan Nusantara III (Persero)

Q1: What is the purpose of the Special Economic Zone (KEK) of Sei Mangkei?

A1: The purpose of the KEK of Sei Mangkei is to create a business-friendly environment that attracts investments and promotes economic growth in the region.

Q2: What is the process of changing the status of land rights from HGU to HPL in the KEK of Sei Mangkei?

A2: The process of changing the status of land rights from HGU to HPL in the KEK of Sei Mangkei involves several stages, including:

  • Application for HGU release permit
  • Measurement of HGU area
  • Application for HPL
  • Issuance of HPL decision by the Land Agency

Q3: What are the obstacles faced by PT. Perkebunan Nusantara III (Persero) in the process of changing HGU to HPL?

A3: The obstacles faced by PT. Perkebunan Nusantara III (Persero) in the process of changing HGU to HPL include:

  • Not yet determined the Simalungun Regency Regional Spatial Plan (RTRW)
  • Constraints for the period of completion of requests for changes in rights
  • Internal and external constraints in the KEK of Sei Mangkei

Q4: What is the role of the National Land Agency in the process of changing HGU to HPL?

A4: The National Land Agency plays a crucial role in the process of changing HGU to HPL by issuing the HGU release permit and HPL decision.

Q5: What is the significance of the Simalungun Regency Regional Spatial Plan (RTRW) in the development of the KEK of Sei Mangkei?

A5: The RTRW is essential for the development of the KEK of Sei Mangkei as it provides a framework for the use of land and resources in the region.

Q6: How can PT. Perkebunan Nusantara III (Persero) overcome the obstacles in the process of changing HGU to HPL?

A6: PT. Perkebunan Nusantara III (Persero) can overcome the obstacles in the process of changing HGU to HPL by:

  • Determining the Simalungun Regency Regional Spatial Plan (RTRW)
  • Streamlining the process of changing rights
  • Addressing internal and external constraints in the KEK of Sei Mangkei

Q7: What is the expected outcome of the juridical analysis of the changes in land rights from HGU to HPL in the KEK of Sei Mangkei?

A7: The expected outcome of the juridical analysis of the changes in land rights from HGU to HPL in the KEK of Sei Mangkei is to provide a clear understanding of the complexities and challenges involved in the process and to identify solutions to overcome the obstacles.

Q8: What is the significance of the juridical analysis of the changes in land rights from HGU to HPL in the KEK of Sei Mangkei?

A8: The juridical analysis of the changes in land rights from HGU to HPL in the KEK of Sei Mangkei is significant as it provides a framework for the development of the KEK and ensures that the process of changing HGU to HPL is carried out in accordance with the applicable laws and regulations.

Q9: What is the expected impact of the juridical analysis of the changes in land rights from HGU to HPL in the KEK of Sei Mangkei?

A9: The expected impact of the juridical analysis of the changes in land rights from HGU to HPL in the KEK of Sei Mangkei is to promote economic growth and development in the region by creating a business-friendly environment and ensuring that the process of changing HGU to HPL is carried out efficiently and effectively.

Q10: What is the next step in the process of changing HGU to HPL in the KEK of Sei Mangkei?

A10: The next step in the process of changing HGU to HPL in the KEK of Sei Mangkei is to determine the Simalungun Regency Regional Spatial Plan (RTRW) and to streamline the process of changing rights to ensure that the process is carried out efficiently and effectively.