Land Dispute JK Vs Lippo Group, Minister Nusron Reveals This Fact

JAKARTA - Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) Nusron Wahid emphasized that the 16.4 hectare land dispute in the Tanjung Bunga area, Makassar, was an old problem whose roots had lasted decades before he addressed the ministry.

The dispute is known to involve a number of parties, including PT Hadji Kalla, PT Gowa Makassar Tourism Development (GMTD) affiliated with Lippo Group, and Mulyono and Manyombalang Dg. Solong.

"This case is a product in the 1990s. In fact, it is now revealed because we are improving and reorganizing the land system to make it more transparent and orderly," said Nusron in a written statement, quoted on Tuesday, November 11.

Based on the search by the Ministry of ATR/BPN, the land parcel which is now the object of the dispute has two different rights.

First, there is a Building Use Rights (HGB) certificate on behalf of PT Hadji Kalla issued by the Makassar City Land Office on July 8, 1996 and valid until September 24, 2036.

Second, on the same land, there is also a Management Right (HPL) on behalf of PT Gowa Makassar Tourism Development (GMTD) Tbk, which comes from the policies of the Gowa and Makassar Regional Governments since the 1990s.

In addition, the dispute was also related to a lawsuit from Mulyono and the Makassar District Court decision Number 228/Pdt.G/2000/PN Makassar in the case between GMTD and Manyombalang Dg. Solong, which GMTD was declared the winning side.

Legally, Nusron explained, the decision only applies to litigants and their heirs, so they do not necessarily bind other parties who have interests on the same land.

However, he emphasized, legal facts also show that PT Hadji Kalla has a basis for issuing different rights.

"The legal facts show that there are several bases of different rights and legal subjects. Therefore, the solution must be based on data and a careful administrative process, not by generalizing one verdict," he said.

The Golkar Party politician emphasized that the implementation of the execution in the field was under the authority of the Makassar District Court in accordance with a decision that had permanent legal force.

Meanwhile, the Ministry of ATR/BPN carries out administrative functions based on valid land data.

"Administratively, the Ministry of ATR/BPN is obliged to ensure that the land object is mentioned in the decision in accordance with existing land data," explained Nusron.

As a coordinative step, the Makassar City Land Office has sent an official letter to the Makassar District Court asking for clarification and technical coordination.

"Including the need for administrative constaturing before the execution so that there is no wrong object," he said.

The case, according to Nusron, is an important momentum to accelerate the cleaning and digitization of old data as well as synchronization of land parcel maps to prevent the issuance of multiple certificates and overlapping in the future.

"If today the old case appears to the public, it's precisely because our system is honest and open. We want everything to be clear so that in the future there will be no more overlaps," he explained.

According to him, the Ministry of ATR/BPN does not side with anyone, either PT Hadji Kalla, PT GMTD (Lippo), Mulyono, or Manyombalang Dg. Solong.

The Ministry of ATR/BPN, continued Nusron, focuses on controlling the administration and certainty of land law, with the principle of neutrality and information disclosure.

"We stand above the law, not above anyone's interests. We focus on fixing the system so that in the future every right to land stands above legal certainty," he concluded.