JAKARTA - The Coordinating Minister for Political, Legal and Security Affairs (Menko Polhukam) Mahfud MD requested that the land dispute between PT Perkebunan Nusantara (PTPN) VIII and the Grand Imam of the Islamic Defenders Front (FPI) Rizieq Shihab be resolved properly.
Mahfud even said that the land that had been used for the Islamic Markaz Islamic Boarding School should be used as its allotment.
"If I think like this it is for the needs of the pesantren, yes, just keep going for the needs of the pesantren but later on for example the ulama council, NU Muhammadiyah join, including if you want FPI to join there," said Mahfud as quoted from the KAHMI webinar which was broadcast on YouTube, Monday, 28 December.
Mahfud also said that the settlement process must be carried out by tracing the incident. Including exploring the initial purchase of the land.
"We can solve the law ourselves, who used to buy it from? Buying it to abandoned farmers, he said it was 30 years old, you know, the government has only given HGU to PTPN VIII in 28, it is not yet 30 years old, meaning PTPN hasn't taken care of it for 30 years because the HGU. it was only obtained in 2008, if it is claimed in 2013 it means that it has only been 5 years since PTPN obtained the HGU from the government, "he said.
Even so, he does not have a solution to the land dispute problem. Moreover, this problem was beyond his authority so that he gave up the problem should be resolved by law.
"But I do not know the solution because it is a matter of defense law not a matter of political law in the sense of cases and security, but it is a legal issue in the sense that administrative law lies in land and BUMN," said Mahfud.
"So please just what the law says about it. It is true that the agrarian law law if the land has been neglected for 20 years and has been cultivated by farmers or by someone without question for 20 years, a certificate can be requested," he added.
Furthermore, Mahfud hopes that this problem can be resolved in a good process by involving representatives of both parties.
"Now we first confirm whether the farmer has been there for 20 years and the two HGUs were only officially owned in 2008, so that in 2013 when the land was purchased by Habib Rizieq, farmers have not actually cultivated it for 20 years if it is counted since it was given by the state to administer it by the state. against what is called PTPN VIII, "said Mahfud.
"But let's finish this well," he said.
As previously reported, PTPN VIII had an issue with Rizieq Shihab's land of 30.91 hectares in Kuta Village, Megamendung, Bogor, West Java. Responding to this, Rizieq's attorney, Aziz Yanuar, said that this land was purchased legally from farmers who controlled and managed the land physically as well as from the previous owners. In fact, the land sale and purchase agreement was copied to regional officials.
"We, with the managers and owners, are also very complete and known to the village apparatus, both the local RT and RW, which later on the letter was copied to the Regent of Bogor Regency and the Governor of West Java, so that the legal standing of our client in occupying and exploiting the land is not. in a way against the law, "said Aziz in his statement, Sunday, December 27.
If we look far back before the purchase, said Aziz, the land was previously abandoned vacant land. Then, the land was physically controlled and managed by many communities for more than 25 years
On that basis, Rizieq Shihab bought the land. Purchases were also made after receiving information that the land belonged to the local community.
"With such a long background of physical control by the community, so that our clients believe that the land is legally owned by the cultivators, so our clients are willing to buy the land from the owners of the land," he explained.
Aziz said that the land ownership in the name of PTPN based on the HGU certificate numbered 299 of 2008 was only known by his party after receiving a subpoena from PTPN on 18 December 2020. In fact, after being traced the HGU certificate was canceled by the Supreme Court. So that it does not have permanent legal force.
"We just found out about the existence of SHGU (owned by PTPN) through a letter (subpoena), dated 18 December 2020," he said.
The land has been built by FPI's Argokultural Markaz Syariah Islamic Boarding School. Development has been carried out since 2013.
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