Perlindungan Hukum terhadap Pemegang Sertifikat Hak Guna Usaha yang Berakhir Masa Berlakunya Selama Proses Perpanjangan (Studi Kasus PT Moeis Atas Sertifikat Hak Guna Usaha Nomor 3/Sipare-Pare di Kabupaten Batubara)

Abstract

The issue of legal protection for plantation business owners in relation to the utilization of land, particularly regarding Cultivation Rights (HGU), is a crucial matter. This concerns the legal basis for implementing land use policies, the requirements and procedures for granting cultivation rights for plantations, and the various factors influencing the granting and revocation of such rights. This research addresses the following problems: (1) How the priority rights of PT MOEIS are applied during the extension process of its cultivation rights certificate; (2) The legal protection available to PT MOEIS during the extension of the certificate after its expiration; and (3) The legal remedies available in response to obstacles in the extension process, particularly due to urban settlement development plans. The method used in this research is normative juridical, referring to legal norms through library research relevant to the problems examined. The study is descriptive in nature, and the data were analyzed qualitatively. The implementation of PT MOEIS’s priority rights in extending its Cultivation Rights Certificate (HGU) has encountered obstacles due to changes in the Regional Spatial Plan (RTRW) of Batubara Regency, which reclassified the land from plantation area to urban settlement zone. Despite submitting the extension application in January 2019 and fulfilling all regulatory requirements, the company’s legal protection remains upheld through the principle of “respecting existing rights,” as provided in Law No. 26/2007 on Spatial Planning and Government Regulation No. 21/2021, which state that spatial function changes do not automatically alter ownership or control over land. Legal remedies available to PT MOEIS include coordination with local government for partial rezoning, requesting a re-review of spatial regulations, filing a lawsuit to the Administrative Court (PTUN) in case of detrimental administrative decisions, and requesting the application of policies by the Land Bank Agency under Government Regulation No. 64/2021 to obtain fair compensation or alternative solutions for long-established enterprises. Keywords: Legal Protection, Cultivation Rights, Extension Process