Kennedy NPS & Jamaluddin M, ‘Ex-PTPN-II cultivation rights issues and the ... 119-125 119 BHUMI: Jurnal Agraria dan Pertanahan Received: February 6, 2020; Reviewed: April 3, 2020; Accepted: May 5, 2020. To cite this article: Sibarani, KNP, Mahasari, J 2020, ‘Ex-PTPN-II cultivation rights issues and the current development,’ Bhumi, Jurnal Agraria dan Pertanahan, vol. 6, no. 1, hlm. 119-125. DOI: 10.31292/jb.v6i1.429 Copyright: ©2020 Kennedy Nasib P. Sibarani & Jamaluddin Mahasari. All articles published in Jurnal Bhumi are licensed under a Creative Commons Attribution-ShareAlike 4.0 International license. EX-PTPN-II CULTIVATION RIGHTS ISSUES AND THE CURRENT DEVELOPMENT ISU-ISU HAK PENGELOLAAN EX-PTPN II DAN PERKEMBANGANNYA SAAT INI Kennedy Nasib P. Sibarani1 & Jamaluddin Mahasari2 1Student of Magister Program of Law Science of UISU & Head of Legal Division at PTPN II 2Civil Servants at the Regional Office of the National Land Agency of North Sumatra Province: Email: [email protected] Abstract: The settlement of non-renewable (Ex) cultivation rights owned by Nusantara Plantation Limited Company (PTPN)-II has been underway since 2002 and unfinished until now. The problems faced in its settle- ment are not only issues of land administration but are related to various aspects. This research used empirical methods with the description approach. The type of data used is primary and secondary data. Data collection was done by interview and a literature study with primary, secondary, and tertiary legal materials. The results of this study are to explain and give an overview of the very long process of land settlement in the ex-PTPN-II cultiva- tion rights in North Sumatra Province. In conclusion, it is necessary to revise Decree of the Head of the National Land Agency Number 42/HGU/BPN/2002 concerning the granting of an extension of the term of the land use rights located in the Deli Serdang Regency, North Sumatra Province, Decree of the Head of the National Land Agency Number 43/HGU/BPN/2002 concerning the granting of an extension of the term of the land use rights located in the Langkat Regency, North Sumatra Province, and Decree of the Head of the National Land Agency Number 44/HGU/BPN/2002 concerning the rejection of the application for the extension of the period of the land use rights located in the city of Binjai, North Sumatra Province, respectively dated November 29, 2002. A legal consensus needs to be formulated to accelerate the completion of ex-PTPN-II cultivation rights, as well as a Presidential Decree to be the legal basis for its resolution. Keywords: Cultivation Rights, State Assets, Land Administration. Intisari: Penyelesaian masalah Hak Guna Usaha (HGU) Ex. PTPN-II telah berlangsung sejak tahun 2002 dan telah 18 tahun belum selesai hingga sekarang. Masalah yang dihadapi bukan hanya masalah administrasi pertanahan tetapi terkait dengan berbagai aspek. Penelitian ini menggunakan metode empiris dengan pendekatan deskriptif. Jenis data yang digunakan adalah data primer dan sekunder. Pengumpulan data dilakukan dengan wawancara dan studi literatur dengan materi hukum primer, sekunder, dan tersier. Hasil penelitian ini memberikan gambaran umum dari proses penyelesaian lahan yang sangat lama terhadap HGU ex PTPN-II di Provinsi Sumatera Utara. Kesimpulannya adalah perlu untuk merevisi Keputusan Kepala Badan Pertanahan Nasional Nomor 42/HGU/BPN/2002, Keputusan Kepala Badan Pertanahan Nasional Nomor 43/HGU/BPN/ 2002, dan Keputusan Kepala Badan Pertanahan Nasional Nomor 44/HGU/BPN/2002. Perlu dirumuskan secara legal konsensus untuk mempercepat penyelesaian HGU ex-PTPN-II, dan diperlukan Keputusan Presiden, yang dapat menjadi dasar hukum untuk penyelesaiannya. Kata Kunci: Hak Guna Usaha, Aset Negara, Administrasi Pertanahan. 120 Bhumi: Jurnal Agraria dan Pertanahan Vol. 6 No. 1 Mei 2020 A. Introduction North Sumatra Provincial Government to settle The cultivation rights (Hak Guna Usaha/ land disputes over the PTPN-II area based on HGU) as one type of land rights is regulated in North Sumatra Governor Decree Number 593.4/ Articles 28-34 of Law Number 5 of 1960 on Basic 065.K/Year 2000 February 11, 2000 and Number Regulation of Agrarian Principles. Further rules 593.4/2060.K Year 2000 dated 17 Mel 2000, also regarding land use rights are contained in Gov- recommended the reduction/release of PTPN-II’s ernment Regulation Number 40 of 1996 concern- cultivation rights area of 5,873.06 hectares and ing building rights, cultivation rights, and use has been strengthened by Decree of the Head of rights (Articles 2 to 18). Concerning the cultiva- the National Land Agency Number 42/HGU/ tion rights both regarding the subject, the impo- BPN/2002 concerning the granting of an exten- sition, the transfer and the abolition of cultiva- sion of the term of the land use rights located in tion rights, the matter that needs attention is con- the Deli Serdang Regency, North Sumatra Prov- cerning the land status that can be granted by ince, Decree of the Head of the National Land the cultivation rights. Provisions in Article 28 para- Agency Number 43/HGU/BPN/2002 concerning graph (1) of Law Number 5 of 1960 and Article 4 the granting of an extension of the term of the of Government Regulation Number 40 of 1996 land use rights located in the Langkat Regency, states that land that can be granted with cultiva- North Sumatra Province, and Decree of the Head tion rights is land that is directly controlled by of the National Land Agency Number 44/HGU/ the State. The cultivation rights can also be given BPN/2002 concerning the rejection of the appli- to Plantation Companies on land whose status of cation for the extension of the period of the land rights existed before the Law Number 5 of 1960 use rights located in the city of Binjai, North came into effect such as Erfpacht Rights, conces- Sumatra Province, respectively dated November sions or leases, provided that the conditions must 29, 2002 which confirms that the 5,873.06 Ha area be converted to cultivation rights no later than of land is land directly controlled by the State September 24, 1980 (Basic Regulation of Agrarian which governs control, use and the allotment was Principles 1960). submitted to the Governor of North Sumatra for PTPN-II, as a State-Owned Enterprise processing in accordance with the provisions of (BUMN), engaged in plantation business, has an the legislation in force after obtaining permission area of business in North Sumatra as a company to release the asset from the authorized Minister engaged in plantations, the status of the rights to as it is known that PTPN-II is a state-owned com- the land controlled and managed following the pany in the form of a limited liability company provisions of the Law Number 5 of 1960 and Gov- whose capital is divided into shares that are all or ernment Regulation Number 40 of 1996, namely at least 51% of the shares owned by the State HGU. The HGU owned by PTPN-II originally whose primary purpose is to pursue profits (Law came from the PTP-IX and PTP-II areas. PTP-IX Number 19 2003). is a change from the Deli Tobacco National Plan- As a State-Owned Enterprise (BUMN), PTPN- tation Company, which manages tobacco culti- II manages state assets in the form of state assets vation in the East Sumatra region. The area of that have been separated from the State Budget the Deli Tobacco National Plantation Company (APBN) to be used as state capital participation in was originally 250,000 Ha, managed by a Dutch Persero and or Perum and other limited liability company, N.V. Verenigde Deli Maatschappij/ companies. The operationalization and manage- N.V.VDM, with the status of concession rights ment of PTPN-II are under the guidance of the (Harsono 2007) from the Sultan (Sultan Deli, Minister of BUMN. Therefore, if the state assets Langkat, and Serdang) as outlined in the Con- are to be released, they must obtain permission cession Deed. from the Minister of State-Owned Enterprises. The B Plus Committee was formed by the Until now, 18 years have passed, and the land Kennedy NPS & Jamaluddin M, ‘Ex-PTPN-II cultivation rights issues and the ... 119-125 121 issue of the ex-PTPN-II cultivation right has not ex-PTPN-II cultivation rights. The central govern- yet been entirely resolved. In this research, it is ment (the Ministry of Agrarian and Spatial Plan- explained a number of the causes of problems in ning/National Land Agency), for example, to date settlement of the ex-PTPN-II cultivation rights in wants Decree of the Head of the National Land North Sumatra Province. Agency Number 42/HGU/BPN/2002 concerning the granting of an extension of the term of the B. Ex-PTPN-II Cultivation Rights Now land use rights located in the Deli Serdang Re- The problems of the ex-PTPN-II cultivation gency, North Sumatra Province, Decree of the rights issue are caused by several interrelated as- Head of the National Land Agency Number 43/ pects. The substance of the problem is (Campbell HGU/BPN/2002 concerning the granting of an 1978) the authority of each relevant stakeholder, extension of the term of the land use rights lo- the aspects of land administration, the interests cated in the Langkat Regency, North Sumatra of relevant stakeholders, changes ((people’s de- Province, and Decree of the Head of the National mand, government interests, and government Land Agency Number 44/HGU/BPN/2002 con- policy) and development of community economic cerning the rejection of the application for the and spatial planning (See table 2). This problem extension of the period of the land use rights lo- is also caused by the fact that PTPN II’s cultiva- cated in the city of Binjai, North Sumatra Prov- tion rights, which were not renewed, were broad ince, respectively dated November 29, 2002, to be enough to reach 5873.06 Ha, which is about 5.59% completed.