By: Hasto Pradipta) *
A summons from PT Perkebunan Nusantara (PTPN) VIII has been circulating to the Islamic Boarding School (Ponpes) Headquarters, Megamendung, led by Habib Rizieq Shihab. PTPN VIII asked Markaz syariah to leave the land which he said belonged to him.
It is recorded that the letter is dated December 18, 2020. It is written that there is a problem with the physical use of PTPN VII HGU land, Gunung Mas plantation covering an area of approximately 30.9 hectares by the Markaz Syariah Agro-Cultural Islamic Boarding School since 2013 without permission and approval from PT Perkebunan Nusantara VIII.
In addition, Markaz Syariah is required to surrender the land no later than seven working days after receiving this letter. If the summons is not heeded, it will be reported to the West Java Regional Police.
The contents of the summons are:
In connection with the problem of physical control over the HGU land of PT Perkebunan Nusantara VIII, Gunung Mas Seluas + – 30.91 ha garden located in Kuta Village, Megamendung District, Bogor Regency by the Markaz Syariah Agro-Cultural Islamic Boarding School since 2013 without permission and approval from PT Perkebunan Nusantara VIII, we affirm that the land you control is an asset of PT Perkebunan Nusantara VII based on HGU certificate No. 299 dated 4 July 2008.
The act of this relative is a criminal act of embezzlement of immovable property rights, prohibition of using land without the rightful permit or proxy and / or transfer as regulated in article 385 of the Criminal Code, Perpu No. 51 of 1960 and or Article 480 of the Criminal Code.
Based on this, we hereby give you the last chance and warn you to immediately hand over the land to PT Perkebunan Nusantara VIII no later than 7 (seven) working days after receiving this letter. If within 7 working days of receiving this letter you do not follow up, we will report it to the police cq. West Java Regional Police.
Thus this subpoena is conveyed, thank you for your attention and understanding.
FPI has also released a video containing Habib Rizieq’s explanation of the matter, in essence, Habib Rizieq admits that PTPN VIII has the right to cultivate (HGU) which is the Islamic Markaz Islamic Boarding School. However, the land was abandoned for 30 years.
Referring to the Agrarian Law (UU), he is of the view that if there is land that has been neglected for 20 years, then 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.
The rights to land themselves are regulated in Law number 5 of 1960 concerning the basic regulations of Agrarian principles. Especially for the right to cultivate is regulated in part IV.
Article 28 of the Law Paragraph 1 explains that the right to cultivate is the right to exploit land which is directly controlled by the state within the period referred to in Article 29, for agricultural, fishery or livestock companies.
Then, in paragraph 2 it is explained that HGU is given over land with an area of at least 5 hectares, provided that if the area is 25 hectares or more, it must use proper capital investment and good corporate techniques, in accordance with the times. In paragraph 3, it reads that HGU can be transferred and transferred to another party.
The Ministry of Agrarian Affairs and Spatial Planning / National Land Agency has stated firmly that state-owned land cannot be controlled by individuals or communities.
Spokesperson for the ATR / BPN Ministry, M Taufiqulhadi, said that the land belonging to PTPN will return to the state when PTPN’s ownership rights have expired. These lands cannot be controlled by the community.
Relinquishment of state-owned land rights is still possible, but must be in accordance with applicable procedures and mechanisms. Unless the land has been released by the Minister of BUMN. To be released by a BUMN, it must be submitted first.
It is clear that the land is in dispute, therefore FPI must return the land to the state, because state-owned land cannot be controlled by individuals or the community. So that sooner or later FPI will have to vacate the land and then return it to the state.
) * The author is a contributor to the Society and Journalists United (MAJU)
