Nusron Wahid's Statement On Necessary Land Is Ridiculous And Reflects On How To View Colonials

JAKARTA - Statement of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Defense Agency (ATR/BPN) Nusron Wahid made public noise. Academics at Gadjah Mada University (UGM) consider Nusron to still use the Dutch colonialism perspective.

Some time ago, Nusron Wahid said that unoccupied land that does not have economic activity or any development for two years will be taken over by the state. According to him, basically the land belongs to the state, while the people only control it after being given certain ownership rights by the state. Thus, the state has the right to take over land that is not used.

"It should be noted that no one owns the land, owns the land, the person only controls it," Nusron told reporters at the JS Luwansa Hotel, South Jakarta, Wednesday, August 6, 2025.

Furthermore, Nusron revealed that currently there are at least 100,000 hectares of land being monitored as abandoned land by the government. Before being designated as abandoned land, the government will give a gradual warning through the first, second, and third warning letters.

"Three months away, there are still no activities, given the opportunity, three months away there are still no activities, given six months to negotiate. There are still no more activities, so the government has determined that it will become abandoned land," he continued.

Unemployed land for two years has the potential to have the status of object of abandoned land and can be transferred to the Land Bank. The rules related to abandoned land are contained in Government Regulation (PP) Number 20 of 2021 concerning Control of Regions and Land. PP 20/2021 Articles 7 and 9, determining that land that is not utilized and cultivated for two years can be determined by the government as abandoned land.

The criteria for land that can be referred to in the regulation are every land that has obtained land rights, both building rights (HGB) and business rights (HGU). However, Nusron's statement that all land in Indonesia basically belongs to the state is what makes it noisy, as well as raises concerns among the community.

According to experts, Nusron does not understand the true meaning of "land belongs to the state".

Meanwhile, Nusron's statement has already drawn criticism from various circles. The head of the Center for Legal and Social Justice Studies, Faculty of Law, UGM Herlambang Wiratraman, said that the Golkar Party politician's statement was misleading and dangerous, although recently he admitted that his expression about all state-owned land was a joke.

The meaning of 'overpowered by the state' according to Herlambang does not mean automatically the state holding absolute property rights. The state is in charge of regulating, managing, and distributing land for the prosperity of the people.

"The people are still landowners. The state is only given the mandate to ensure fair distribution," explained Herlambang.

Nusron's statement that land in Indonesia is basically state-owned reflects the perspective of Dutch colonialism. The Dutch used the perspective of massomein verklaring to seize people's land.Domein verklaring means land whose ownership cannot be proven so that it is considered as a statetag.

"The understanding is a way for the invaders to seize people's lands so as to create widespread social injustice," he said.

Furthermore, Herlambang also assessed that Nusron did not understand or obey the decision of the Constitutional Court (MK) when interpreting the right to control the state, especially Article 33 paragraph 3 of the 1945 Constitution. The interpretation of Nusron is against the constitution. The people are still landowners, said Herlambang, while the state is mandated to exercise the protection of land rights.

Nusron, he said, should ensure that there is no agrarian inequality and social injustice due to the confiscation of land for plantation expansion or excessive exploitation. Nusron must also understand that land is used for the benefit of the people.

"This means that it is firm against HGU holders (business rights) who control land excessively, or dare to revoke rules that are contrary to the constitution or even human rights," said the man who is also the expert board of Indonesian Caucus directors for Academic Freedom (KIKA).

Executive Director of Political and Public Policy Studies (P3S) Jerry Massie revealed that the policy has the potential to create noise.

"This idea is troubling people who are in danger of losing their rights," said Jerry in his statement.

Jerry explained that the statement made by Nusron Wahid was ridiculous, because he saw that land ownership in Indonesia was all state-owned was a mistake. According to his view, the people are still landowners, while the state is mandated to exercise the protection of land rights.

"The government is like a house and the people are employers. Actually the land belongs to God which is distributed to the people of this world and the people form a government," he said.