Analisis Yuridis Pelepasan Areal Hak Guna Usaha PT. Perkebunan Nusantara II (PTPN II) Kepada PT. Kawasan Industri Medan (PT. KIM)

Abstract

PT Kawasan Industri Medan (PT KIM) is a State-Owned Enterprise (BUMN) in industrial area management business. PT KIM is developing the land area in order to develop industrial cluster related to the development of the economic corridor to accelerate national development. In the renunciation of land area for industrial sector, there are many problems. These problems will eventually cause investors to cancel their investment in Indonesia, and this problem is faced by PT KIM in the renunciation of the leasehold land area of PTPN II to PT KIM. The problems which would be analyzed in the research was the legal status of Management Rights No. 1, 2, and 3 of PT KIM, the renunciation of the leasehold land area of PTPN II to PT KIM, from judicial point of view, and the resolution of the dispute on the tillers' crop land on the leasehold land area of PTPN II which had been renounced to PT KIM. The research used descriptive analytic method which described/explained and analyzed the renunciation of the leasehold land area of PTPN II to PT KIM. The result of the research shows that up to the present, the legal status the Management Rights No. 1, 2, and 3 has been owned by PT KIM (Persero) because there is no revocation of the Management Rights Certificate by the National Land Board, and there is no Court's verdict which states that the Management Rights No. 1, 2, and 3 are revoked or no legal enforcement. The renunciation of the Leasehold Land Area No. 10 has been in accordance with the Decree of the Minister of Finance No. 89/KMK.013/1991 on the Guidance for Transfer of Ownership of fixed assets of State-Owned Enterprises. Besides that, the renunciation of the leasehold land area is not in the status of dispute because the Leasehold Certificate No. 10 has been issued 5 (five) years and 3 (three) months, but Tugimin and associates do not file a complaint in the written form to the holder of the certificate and to the Head of the Land Office or do not file a complaint to the Court about the possession of land and about the issuance of Leasehold Certificate No. 10 on June 19, 1994. Therefore, based on Article 32, paragraph 3 of the Government Regulation No. 24/1997 on Land Registration, Tugimin and associates cannot file any complaint, and the resolution of dispute on the crop land in the leasehold land area of PTPN II, which has been renounced to PT KIM was done through mediation. It is recommended that the Directors of PTPN II look into cautiously and clearly the leasehold land area which will be renounced to PT KIM whether it is free from the tillers or not. The resolution of the dispute of tillers' crop land on the leasehold land area of PTPN II which has been renounced to PT KIM should be able to identify specific approach in order to give comprehensive protection, and the central government as well as the local government should play their significant and effective role in handling the dispute on this tillers' crop land.