26/07/2021
The NTB Provincial Government has ended a land dispute in Gili Trawangan with PT. Gili Trawangan Indah (GTI). Both parties agree to an addendum agreement.
The addendum agreement reaps the pros and cons. Many people criticized it because it was considered that the provincial government was inconsistent in revoking PT. GTI. Meanwhile, the provincial government has agreed on an addendum to avoid a lawsuit if the contract is terminated. The lawsuit is considered to be very tough and tiring.
However, do you know the origin of the land conflict in Gili Trawangan?
Here KORANNTB.com reviews it.
Sourced from the legal research Professor of the University of Mataram, Prof. Zainal Asikin entitled “Land Conflict Resolution in Lombok Tourism Areas (A Case Study of Abandoned Land in Gili Trawangan Lombok).”
In his research, Prof. Asikin explained that the beginning of land disputes was preceded by the rise of NTB tourism in 1980. Currently, the number of tourist visits is very high.
Bali and Lombok at that time became the gates of national tourism and national food supporters, so the attention of the central government was quite large.
At that time, land was used as a commodity and even traded from one investor to another, so that real investment as the livelihood of many people, was only the profit of investors and the power elite and their families.
From Official to Investor
The Gili Trawangan land dispute is inseparable from the collusive practice of granting Business Use Rights (HGU) to the children of officials.
The second governor of NTB, H.R Wasita Kusuma at that time gave HGU to children and their families. Each of them is (Asep Kusuma (25 Ha), Kurnia Chandra Kusuma (25 ha), and Kundang Kiswara (son and family of the Governor of NTB H. Wasita Kusuma covering an area of 25 ha) with a company called PT Generasi Jaya, and Sudarli, BA (Sekda NTB) covering an area of 25 ha.
"The Granting of Business Use Rights"
be the beginning of the occurrence of abandonment of land and the birth of speculative transactions on tourism land. This happens because the party who obtained the HGU is not an entrepreneur, of course, the land for tourism locations cannot be managed effectively and productively, "wrote Prof. Asikin in his research.
The government takes land that has been managed by the community for decades, and is handed over to certain people through HGU. Through these rights, people who have been managing land for a long time are forced to accept the harsh reality.
The West Lombok local government (when KLU had not yet been expanded) and the NTB Provincial Land Agency later changed the status from HGU to Building Use Rights (HGB) to PT. Wanawisata Hayati (PT. WAH) on top of the HGU that was previously given to Sudarli, BA (Sekda NTB) area of 25 hectares.
The land has been controlled and cultivated by the community so that the issuance of HGB on paper is listed in the name of PT WAH covering an area of 13.9 hectares with the Land Agency Decree dated June 14, 1996 No. 550.2/05/I/43/621996 which is valid for 30 years from June 19, 1996 to June 19, 2026.
“The granting of the HGB by the Provincial Land Agency above cannot be separated from the recommendation for a principle permit to build which was given by the Regent of West Lombok with No. 593/13/3 dated March 23, 1996 and the Letter of Granting a Location Permit for Hotel Development by the Land Agency of West Lombok No.16/403/SK-IL/LB.7/1996 dated April 24, 1996,” said Prof. Asikin.
It is explained, in point 7 of the Decree of the Land Agency, within one year after being registered, PT WAH must start development activities. If this is not done, then the HGB is null and void.
But in reality, PT WAH has not carried out any development. The land has also been occupied by the community since 1996 because there has been no development.
Land Buying Business
There is a feeling of jealousy in the community, because the HGU is only given to officials and their cronies so that investors ignore the development plans there.
People who were promised to enjoy development to improve their economy, were only treated to this elite business making profit.
Moreover, PT Generasi Jaya, which was the family of the Governor of NTB at that time, was not an entrepreneur, so the management of Gili Trawangan tourism was without success.
Instead of carrying out construction, PT Generasi Jaya with the HGU actually sold it to H. Hasan Basri with the company CV. Wisdom (Notary Deed No. 54 Dated July 17, 1976). Once again, people were disappointed.
The community's disappointment did not end. CV. Hikmah again sold the assets to Agus Hadi Sunarto alias Ang Han Sin (PT. Gili Terawangan Indah) with Notary Deed No. 15 dated August 15, 1988.
“It is clearly evident that giving
The HGU in the tourism area on Gili Trawangan Lombok is nothing more than an effort that is speculative and nuanced in collusion that makes land a commodity to be traded, not to carry out the ideals of agrarian law which aims to achieve the welfare and prosperity of the people, "said Prof. Asikin.
Ended up in GTI
After GTI obtained the HGU for land management in Gili Trawangan, the research of Prof. Asikin explained that the Provincial Government cooperated with GTI through a Productive Work Contract agreement pattern by providing land management rights for 70 years.
The NTB Regional Government Agreement is contained in the Management Agreement No.1. 1993 in conjunction with the Decree of the Minister of Home Affairs No. 643/62-377 dated June 4, 1993.
“The last company
This shows an irresponsible attitude for more than 10 years of not using the land according to its designation and permits to build hotels," he explained.
Even though there are 8 SK Mendagri mentioned within 2 years if the development is not carried out, then after being given a warning by the Governor 3 times, the Governor can revoke and cancel the agreement and hand it over to other parties.
There is no legal certainty for the community
People who have worked on land there for decades, do not get legal certainty. The government has never given a certificate of land that the community has been working on for a long time.
In fact, Asikin explained in his research, if many investors have failed to manage the land in Gili Trawangan, then the government should give the community the right to manage the land.
"So the main priority should be given to the community to manage the land with the Production Cooperation Pattern, not to other people who are not domiciled in Gili Trawangan."
The land conflict in Gili Trawangan escalated when the police made arrests of the people working on the HGU land. This makes it difficult to create a peaceful atmosphere.
Not to mention when the police and TNI officers were dispatched to Gili Trawangan to make tents on the HGU land. The officers were deployed under the pretext of operating on alcohol and drugs.
This activity is considered as a war drum by the community. Hopes for peace became increasingly bleak.
In Government Regulation N0. 11 of 2010 concerning Control and Utilization of Abandoned Land, it has been mandated that the control of abandoned land be returned for the greatest prosperity of the people.
National Land Agency Regulation No. 4 of 2010 concerning Procedures for Controlling Abandoned Land, in paragraph 1 point 6 it is outlined about abandoned land, namely land that has been granted rights by the state in the form of Ownership Rights, Cultivation Rights (HGU), Building Use Rights (HGB), Use Rights, Rights Management that is not cultivated, is not used or is not utilized in accordance with its circumstances or its nature and purpose of giving.
"Abandoned land must be utilized by increasing the socio-economic access of the community, optimizing the exploitation, use and utilization of land, reducing poverty, creating employment opportunities. work, " said Prof. Asikin.
In this research, Prof. Asikin conducted a conflict study containing six factors.
First, there is a wrong policy in the land sector (especially in tourist areas); second, the existence of an indecisive attitude on the part of the Regional Government and the Land Agency in enforcing land law regulations; third, the existence of social jealousy from the indigenous Gili terawangan community as cultivators.
Fourth, the entrepreneur lacks the responsibility of the entrepreneur (who obtains the Right to Cultivate); fifth, the absence of legal protection for the Gili Trawangan Indigenous People; sixth, the arrogant attitude of law enforcement officers by taking arbitrary action and tearing down the villa building belonging to the community who has long inhabited Gili Trawangan.
Source : KORANNTB
https://koranntb.com/2021/06/17/awal-mula-sengketa-tanah-di-gili-trawangan/
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