Penyelesaian Permasalahan Tanah Eks HGU Ptpn II Pasca Penetapan Keputusan Pemegang Saham Menteri Bumn Nomor S-923/Mbu/12/2021 Dspn, DSPN/KPPS/94/Xii/2021 Perihal Persetujuan Penghapusbukuan dan Pemindahtanganan Aset Tanah Eks Hak Guna Usaha

Abstract

PT Perkebunan Nusantara II (PTPN II), a state-owned enterprise (BUMN), manages land under leasehold (HGU) arrangements. A portion of this land, classified as ex-HGU land, has been subject to renewal as regulated by BPN Directives No. 42, 43, 44 of 2000 and No. 10 of 2004. These directives apply to land parcels located in Deli Serdang, Langkat, and Binjai, North Sumatera, covering an area of 5,873.06 hectares. Redistribution of this land requires official approval through asset renunciation. The renunciation process of BUMN assets must be legally certain, ensuring justice and protection for all involved stakeholders. This research addresses three key questions: (1) What are the procedures and mechanisms for the renunciation of ex-HGU land from PTPN II? (2) What are the legal foundations for granting compensation for these assets? (3) What are the legal implications following the issuance of the Minister of BUMN Decree No. S-943/MBU/12/2021 DSPN, DSPN/KPPS/94/XII/2021? This study employs a normative juridical approach supported by both primary and secondary data, analyzed qualitatively. The findings indicate that the renunciation of ex-HGU land from PTPN II requires coordination with multiple parties, including document verification, approval for asset write-off, determination of compensation, and the certification process. The transfer of ownership—based on a Normative List issued by the Governor of North Sumatera covering 25 land plots totaling 836,656 m² (83.66 hectares)—begins with the shareholder directive of PTPN II and continues through the ministerial decree, eventually assigning the land to eligible recipients identified by the B Plus Committee. This committee includes individuals, ministerial foundations, and local government representatives, with the overarching goal of enhancing community welfare. The overall process adheres to legal frameworks and includes administrative and jurisdictional verification steps.