JAKARTA - Former Menkumham and expert on constitutional law Yusril Ihza Mahendra held a special meeting with the TNI Commander General Andika Perkasa. Their meeting discussed various legal problems faced by the TNI.
The meeting which took place casually took place at TNI Headquarters Jalan Merdeka Barat, Jakarta Thursday, September 15, 2022. This is a written statement received by VOI.
The TNI Commander said that the most common legal issues faced by the TNI were related to land because the TNI factually controlled land in various regions, some of which had not been certified either on behalf of the TNI or the Ministry of Defense.
Some of the land that has been under the control of the TNI for a long time, is now claimed and recognized by the community as their land. Not even a few lands are now controlled by both citizens and private companies and used as settlements or land for business activities. In some cases, the court's decision that has been inkracht defeated the TNI in a land dispute against the residents. However, the execution of the decision in practice cannot be carried out.
Yusril suggested that the TNI take an inventory of land owned by the National Armed Force and analyze the validity of ownership of these lands one by one. With this inventory, mapping is made, which ones are problematic and which ones are not. For problematic land, various settlement efforts can be made, either through mediation or taking legal steps, if efforts to resolve through mediation are not successful.
The TNI is part of the people. Therefore, the resolution of land problems with the people must prioritize the principle of deliberation and consensus before taking legal steps. TNI Commander General Andika agreed that resolving land problems with the community requires a wise and humane approach while still upholding the applicable law.
One of the land problems that is currently the focus of public attention is the land problems of the former Polonia Airport/Lanud Air (Lanud) Soewondo in Medan. Polonia Airport since the Dutch era has been used as an Air Force Base based on the agreement with the Deli Sultanate at that time. Part of the land in the Polonia Airport/Lanud Siewondo area has been certified on behalf of the TNI, some of which have not been and factually controlled by various parties.
The government and the TNI have planned to replace the land of the former Polonia Airport/Lanud Soewondo with other land owned by PTPN II in Hamparan Perak, Deli Serdang Regency, North Sumatra covering an area of 1170 hectares. However, the land was claimed by Sultan Deli as his property which was rented out to a Dutch plantation company.
Although the Dutch company was nationalized by the Bung Karno government at the end of the 1950s, and is now under the control of PTPN, Sultan Deli believes that nationalization was indeed carried out against his company, not nationalizing the land leased by the Dutch company with Sultan Deli. Deli Sultanate's claim does have the potential to cause serious legal problems, although PTPN II claims to have a HGU Certificate on the land.
SOE Minister Erick Tohir is rumored to be "accompanying" the land HGU PTPN II to the TNI. Meanwhile, Sultan Deli considers the land to belong to the Sultanate which was leased to a Dutch plantation company in the past. This problem, according to Yusril Ihza Mahendra, needs to be resolved and found the best middle way. For this reason, he said he was willing to become a mediator between the Central Government and relatives of the Deli Sultanate, considering that he had very good relations with both parties.
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