Ombudsman Finds Alleged Maladministration Of Defense Services At IKN

Ombudsman member Dadan S. Suharmawijaya (ANTARA/HO-ORI)

The Ombudsman found allegations of maladministration in the form of stopping the provision of land services to land certificate applications and land registration services in the Nusantara State Capital (IKN) area, especially in North Penajam Paser Regency and Kutai Kartanegara Regency, East Kalimantan.

"We found the termination of registration services for the first time inside and outside the IKN delineation carried out by the Kutai Kartanegara Land Office, North Penajam Paser Land Office, East Kalimantan BPN Regional Office, then the Director General of Land Determination of the Ministry of ATR/BPN," said Ombudsman member Dadan S. Suharmawijaya as reported by ANTARA, Thursday, July 27.

This, he said, was due to the issuance of a Circular Letter of the Director General of Land Determination and Registration of the Ministry of ATR/BPN Number: 3/SE-400.HR.02/II/2022 dated February 14, 2022 concerning Restrictions on Issuance and Transfer of Land Rights in the IKN area.

"This is contrary to Presidential Regulation Number 65 of 2022 because of the expansion of service termination, even though in Presidential Regulation the scope is limited to all land parcels in the IKN area that have not been registered, they can still be registered in accordance with the provisions of the law," he said.

In addition, he continued, the Ombudsman also found that there was maladministration in the issuance of certificates for the control and ownership of land inside and outside the IKN delineation carried out by the Kutai Kartanegara Regency government and the North Penajam Paser Regency Government.

Therefore, Dadan said the Ombudsman gave corrective action. First, the Ombudsman requested that the Director General of Land Rights and Registration (PHPT) of the Ministry of ATR/BPN revoke SE Number: 3/SE-400.HR.02/II/2022 by referring to Law Number 3 of 2022 and Presidential Regulation 65 of 2022.

"Second, for the Director General of PHPT to issue a Circular whose content is limited to controlling the transfer of land rights in the IKN delineation area by referring to Law No. 3 of 2022 and Presidential Regulation 65 of 2022 and other regulations," he said.

The Ombudsman also gave corrective action to the Head of the Regional Office of the East Kalimantan National Land Agency, the Head of the Kutai Kartanegara Regency Land Office and the Head of the North Penajam Paser Regency Land Office to together with the local government to identify and/or verify factual verification of the applicant's application for the first rights registration.

"Furthermore, in order to continue to provide land registration services for the first time in accordance with statutory provisions, for applicants who are outside the IKN deliberation area," he said.

In addition, the Ombudsman gave corrective action to the Governor of East Kalimantan, the Regent of Kutai Kartanegara, the Regent of North Penajam Paser, to the Head of the Archipelago Capital Authority.

"The Indonesian Ombudsman gives 30 working days for the parties to carry out corrective actions since the receipt of the LAHP (Examination Final Report) and the Ombudsman will monitor the progress of its implementation," he said.