Minister Of ATR/BPN On HAT At IKN: Ready To Carry Out The Constitutional Court's Decision Completely

JAKARTA - Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) Nusron Wahid welcomed the decision of the Constitutional Court (MK) regarding the regulation of land rights (HAT) in the capital city of Nusantara (IKN).

The Ministry of ATR/BPN together with the IKN Authority and related ministries immediately coordinated to harmonize regulations and harmonize technical regulations.

"We respect and are ready to fully implement the Constitutional Court's decision. This is an important basis for strengthening legal certainty, transparency and better land governance in IKN development," Nusron said in a statement quoted from the official website of the Ministry of ATR/BPN, Saturday, November 15.

The Constitutional Court's decision confirms that the granting of HGU, HGB and rights to use in IKN cannot use a two-cycle 95-year scheme and must again follow national boundaries with a clear and measurable evaluation mechanism.

Nusron assessed that this stipulation was in line with the mandate of Article 33 of the 1945 Constitution regarding the principle of state control over natural resources.

According to him, the Constitutional Court's decision to strengthen the state's position as well as provide legal certainty for IKN investment and development. He considered that the decision was consistent with President Prabowo Subianto's policy direction which emphasized the development of IKN to be fair, transparent, modern and still based on the constitution.

"The Constitutional Court's decision does not hinder investment. What is corrected is the duration of the right, not the certainty of business. All processes have been running, it can be continued with adjustments. This is in line with President Prabowo's vision to maintain a healthy investment climate," he said.

The Golkar Party politician stated that the Constitutional Court's decision was a momentum to strengthen the social function of land, especially protection for local and customary communities. According to him, the balance between development and social justice is the main principle that the government continues to maintain.

"President Prabowo pays great attention to the protection of local communities in the development of IKN. With this decision, the state is getting stronger in ensuring legal certainty as well as social justice," he explained.

Previously, the Constitutional Court decided on land rights (HAT) at IKN through case decision number 185/PUU-XXII/2024 regarding Law Number 21 of 2023 concerning Amendments to Law Number 3 of 2022 concerning IKN.

Chief Justice of the Constitutional Court Suhartoyo stated that HAT in the form of business rights (HGU) can be given a maximum of 95 years with a scheme of granting rights, extending rights and updating rights in case decisions Number 185/PUU-XXII/2024 related to Law Number 21 of 2023 concerning Amendments to Law Number 3 of 2022 concerning IKN.

"In the event of the rights promised as referred to in Article 16 paragraph (7) in the form of rights to use business, given the right, no later than 35 years; extension of rights, no later than 25 years; and renewal of rights, no later than 35 years based on the criteria and stages of evaluation," said Chief Justice of the Constitutional Court Suhartoyo reading the verdict in court Number 185/PUU-XXII/2024 quoted from the official website of the Constitutional Court, Saturday, November 15.

Suhartoyo said similar restrictions also apply to other rights, namely building rights (HGB) and rights to use. For HGB, a maximum period of 30 years can be given, extended for 20 years and updated for 30 years.

Meanwhile, the right to use is granted a maximum of 30 years, can be extended for 20 years and updated for 30 years.