Jakarta, hitclubapk3 Indonesia
—
Commission II DPR
proposes that the President of the Republic of Indonesia Prabowo Subianto issue a Government Regulation in Lieu of Law (
Perppu
) to accommodate the decision
Constitutional Court
(MK) which canceled the provisions on granting land use rights in the National Capital (
IKN
) up to 190 years.
Deputy Chairman of Commission II of the DPR, Dede Yusuf, believes that the Perppu is a solution in urgent situations because there is no need to change the IKN Law.Because, said Dede, if it goes through revision, the process will take a long time.
“The point in my opinion can be done through Perppu first. Because with Perppu you don’t have to make changes to the law, only certain articles are made into Perppu,” he said when contacted, Friday (21/11).
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Dede assessed that the Constitutional Court’s decision was correct in reducing IKN’s HGU to 190 years.
According to him, this time period is unreasonable because the status is the same as property rights because it will be managed by three generations.According to him, no non-governmental institution should control state land for too long.
“The worry is that as we often see incidents that end up being claimed as property rights. In fact, many incidents occur on state land,” said the Democratic politician.
Moreover, referring to the Basic Agrarian Law, explained Dede, HGU should only be granted for a maximum of 30 or 90 years through evaluation.
“The maximum is approximately 90 years, and that is through evaluation. Indeed, at IKN there is an offer of 190 years. And that can be 3 generations of children and grandchildren, the same as controlling the land,” he said.
Meanwhile, member of Commission II from the Golkar Party faction, Ahmad Irawan, said that his party would study the decision.However, in principle, said Irawan, the Constitutional Court’s decision is final and binding.
Therefore, the President and DPR must comply with and follow up on this decision.However, Irawan considered that the Constitutional Court’s decision was correct if it referred to the Basic Agrarian Law.
“That seems to be the same as the substance in the agrarian law,” he said.
The Constitutional Court on Thursday (11/13) stated that the two-cycle mechanism of Cultivation Rights (HGU), Building Use Rights (HGB) and Use Rights (HP) whose terms can reach 190 years for HGU and 160 years for HGB and HP as contained in the IKN Law does not have binding legal force.
The Constitutional Court granted part of the petition in case number: 185/PUU-XXII/2024 with applicants Stepanus Febyan Babaro (Private Employee) and Ronggo Wasito (Trader) who tested the constitutionality of the norms of Article 16A paragraph 1, paragraph 2, paragraph 3 of Law 21/2023 concerning the Second Amendment to Law 3/2022 concerning IKN.
Constitutional Justice M. Guntur Hamzah said the substance of the petition boils down to one issue, namely the granting of Land Rights (HAT) in the IKN area over a long period of time in two cycles so that it far exceeds what is determined by the Agrarian Reform Law (UUPA).
(thr/fra)
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