JAKARTA - Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) Nusron Wahid emphasized that land located in the body and river commensurate must be issued a Land Management Rights certificate (HPL) in the name of the state.
"What is clear is that all land on the river body and the river commensurate will be HPL in the name of the state," said Nusron, Tuesday, March 18.
He said that this was related to government regulations requiring non-forest land to be certified, be it state land or land controlled by the community. Land along the river, including on embankments, must have a clear legal status with a certificate in the name of the state.
This legal certainty is very important, considering that many of the land above the embankment was previously uncertified. Some of the land has been occupied by certain parties who then take care of land certificates through various parties, including the village head and other agencies.
However, if the land belongs to the state, the certificate issued is invalid because the land cannot be owned personally.
Menteri ATR juga mengungkapkan bahwa otoritas atas tanah di badan sungai dan pernikannya sungai berbeda-beda tergantung pada pengelolaan sungai tersebut. Jika sungai tersebut dikelola oleh Kementerian Pekerjaan Umum (PU), maka Badan Pengelola Wilayah Sungai (BPWS) yang bertanggung jawab.
On the other hand, if the river is under the authority of the Provincial Government, then its management is in the hands of the Provincial Water Resources Management Service (PSDA).
Regarding the problems that arise due to illegal land certification, the Minister of ATR explained that his party did not want to find out who was wrong in this matter.
As a solution, the land above the river embankment will be HPL in the name of the state to maintain clear legal status and management.
However, Nusron is also aware of problems related to buildings already on the ground. If the building is built without a clear basis, a humanitarian approach will be used, and if necessary, relocation or relocation will be carried out.
The Minister emphasized that relocation does not mean displacing, but rather taking action that takes into account aspects of humanity, by providing a feasible solution for the affected communities.
In this case, relocation does not mean compensation, because the land does not actually belong to the individual who builds on it. New compensation can be given if there is a legal right to the land.
The relocation process will involve coordinating with local governments and related parties to ensure that the transfer of residents is carried out in a humane way and does not cause harm to the community.
Meanwhile, the Minister of ATR also mentioned land that already has a right. For land on the basis of rights, his party will form a land acquisition committee that will determine land prices through an objective assessment of land value.
Regarding the location of the land that has the potential to apply HPL, the Minister of ATR stated that one of the locations with many Ownership Certificates (SHM) is the Bekasi River, which currently has 124 certificates.
The concept of relocation or relocation, according to the Minister of ATR, will be regulated by the local government and the Ministry of Public Works. This transfer will be carried out by providing a decent and humane residence for the affected communities.
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The process is expected to run smoothly and not interfere with the socio-economic lives of people living around the river.
Menteri ATR menegaskan bahwa penataan tanah di badan sungai dan sebangnya sungai merupakan langkah penting untuk mencegahkan bencana banjir dan mengoptimaliskan pengelolaan sumber daya air.
"Later on, the concept that regulates the local government of PU, is basically relocated in a humane place in a humane way. What is clear is that all land in the river body and river commensurate will be HPL in the name of the state," he said.
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