Granting Land Rights to Residential Houses Based on the Use of Spatial Planning in the City of Medan

Oct 13, 2025 by magicalceylontours.com 23 views

Granting Land Rights to Residential Houses Based on the Use of Spatial Planning in the City of Medan

Introduction

The city of Medan, located in the province of North Sumatra, Indonesia, has been facing a significant issue regarding the granting of land rights to residential houses. The issuance of Presidential Regulation Number 20 of 2015 has brought about significant changes, including the merger of the National Land Agency (BPN) with the Directorate General of Spatial Planning at the Ministry of Work General and Public Housing. This has resulted in BPN being renamed to the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency of the Republic of Indonesia. Each province, district, and city, including Medan City, is required to develop an appropriate spatial and zoning plan (RTRW) policy. However, the implementation of RTRW in Medan based on Regional Regulation No. 2 of 2015 has shown that the community cannot obtain land property rights in the trade and service zones even though the land is used for residence.

The Importance of Examining the Issue

The issue of granting land rights to residential houses in Medan is a complex one, and it is essential to examine it from three aspects: (i) the legal basis for granting property rights for the use of occupancy in accordance with the spatial planning in the city of Medan; (ii) the legal status of the implementation of the land use system in the applicable spatial planning in the city of Medan, especially from the point of view of certainty and legal justice; and (iii) the legal impact that arises for landowners or communities living in the area due to the application of existing land use systems.

Legal Analysis of Granting Land Rights

This study uses a normative and empirical descriptive method, collecting data through literature studies. The legal basis for granting property rights over the occupancy in the context of spatial planning in the city of Medan includes the 1945 Constitution, Pancasila, and the Basic Agrarian Law (UUPA) along with related regulations. The 1945 Constitution is in the highest position in the legal hierarchy in Indonesia and is the main guideline for the preparation of regulations, including regarding zoning stipulated through Regional Regulation Number 2 of 2015.

The zoning regulations must be in line with the provisions of Article 33 of the 1945 Constitution, the LoGA, the principles of Pancasila, and the provisions on human rights. Medan City Land Office rejection of the application for property rights for residential houses can be seen as a violation of human rights, which is regulated in Article 28D of the 1945 Constitution, which confirms that every citizen has the right to recognition, guarantees, protection, and fair legal certainty.

The Impact of the Implementation of the Land Use System

The application of the land use system in RTRW in Medan, including the determination of zoning, has caused rejection in the community. One example is the existence of a judicial review of the Regional Regulation No. 2 of 2015 submitted by PT Agung Sarana Terminal to the Medan City Government. The lawsuit is related to the request for a building permit (IMB) which was rejected because the location was in the residential zone.

Another impact felt by the community is their inability to obtain ownership rights to the land they inhabit, even though it is used as a place to live. This can trigger the emergence of slums in Medan, create social injustice for those who have to pay high property taxes based on the determination of zoning, and hinder the achievement of spatial goals and regional planning which ideally creates regular, human, and organized city space.

The Required Solutions

A regulation is needed from the Minister of Agrarian Affairs which confirms the granting of land property rights for Indonesian citizens based on land use, not solely based on spatial planning. In addition, there needs to be a policy or regulation from the Medan City Government that distinguishes the basis of the calculation of Land and Building Tax (PBB) for homes and trade zones in order to create justice for the community.

Conclusion

The issue of granting land rights to residential houses in the city of Medan is a complex one, and it requires a comprehensive solution. The implementation of RTRW in Medan has shown that the community cannot obtain land property rights in the trade and service zones even though the land is used for residence. The rejection of the application for property rights for residential houses by the Medan City Land Office can be seen as a violation of human rights. Therefore, it is essential to provide property rights to the people who submit registration of land rights that are directly controlled by the state to be used as a place to live.

Recommendations

Based on the analysis, the following recommendations are made:

The Minister of Agrarian Affairs should issue a regulation that confirms the granting of land property rights for Indonesian citizens based on land use, not solely based on spatial planning.
The Medan City Government should issue a policy or regulation that distinguishes the basis of the calculation of Land and Building Tax (PBB) for homes and trade zones in order to create justice for the community.
The Medan City Land Office should provide property rights to the people who submit registration of land rights that are directly controlled by the state to be used as a place to live.

Future Research Directions

This study has highlighted the importance of examining the issue of granting land rights to residential houses in the city of Medan. Future research should focus on the following areas:

The impact of the implementation of RTRW in Medan on the community.
The legal basis for granting property rights for the use of occupancy in accordance with the spatial planning in the city of Medan.
The legal status of the implementation of the land use system in the applicable spatial planning in the city of Medan.

By conducting further research in these areas, it is hoped that the issue of granting land rights to residential houses in the city of Medan can be resolved, and the community can enjoy the rights to their land fairly and equitably.
Frequently Asked Questions (FAQs) on Granting Land Rights to Residential Houses Based on the Use of Spatial Planning in the City of Medan

Q: What is the current situation regarding land rights for residential houses in Medan?

A: The current situation is that the community cannot obtain land property rights in the trade and service zones even though the land is used for residence. This is due to the implementation of RTRW in Medan based on Regional Regulation No. 2 of 2015.

Q: What is the legal basis for granting property rights for the use of occupancy in accordance with the spatial planning in the city of Medan?

A: The legal basis includes the 1945 Constitution, Pancasila, and the Basic Agrarian Law (UUPA) along with related regulations. The 1945 Constitution is in the highest position in the legal hierarchy in Indonesia and is the main guideline for the preparation of regulations, including regarding zoning stipulated through Regional Regulation Number 2 of 2015.

Q: What is the impact of the implementation of the land use system in RTRW in Medan?

A: The application of the land use system in RTRW in Medan, including the determination of zoning, has caused rejection in the community. One example is the existence of a judicial review of the Regional Regulation No. 2 of 2015 submitted by PT Agung Sarana Terminal to the Medan City Government. The lawsuit is related to the request for a building permit (IMB) which was rejected because the location was in the residential zone.

Q: What are the required solutions to address the issue of granting land rights to residential houses in Medan?

A: A regulation is needed from the Minister of Agrarian Affairs which confirms the granting of land property rights for Indonesian citizens based on land use, not solely based on spatial planning. In addition, there needs to be a policy or regulation from the Medan City Government that distinguishes the basis of the calculation of Land and Building Tax (PBB) for homes and trade zones in order to create justice for the community.

Q: What are the recommendations for addressing the issue of granting land rights to residential houses in Medan?

A: The Minister of Agrarian Affairs should issue a regulation that confirms the granting of land property rights for Indonesian citizens based on land use, not solely based on spatial planning. The Medan City Government should issue a policy or regulation that distinguishes the basis of the calculation of Land and Building Tax (PBB) for homes and trade zones in order to create justice for the community. The Medan City Land Office should provide property rights to the people who submit registration of land rights that are directly controlled by the state to be used as a place to live.

Q: What are the future research directions for addressing the issue of granting land rights to residential houses in Medan?

A: Future research should focus on the following areas:

The impact of the implementation of RTRW in Medan on the community.
The legal basis for granting property rights for the use of occupancy in accordance with the spatial planning in the city of Medan.
The legal status of the implementation of the land use system in the applicable spatial planning in the city of Medan.

Q: What are the benefits of granting land rights to residential houses in Medan?

A: The benefits include:

The community can enjoy the rights to their land fairly and equitably.
The emergence of slums in Medan can be prevented.
Social injustice for those who have to pay high property taxes based on the determination of zoning can be avoided.
The achievement of spatial goals and regional planning can be facilitated.

Q: What are the challenges of granting land rights to residential houses in Medan?

A: The challenges include:

The need for a comprehensive solution that addresses the issue of granting land rights to residential houses in Medan.
The need for a regulation from the Minister of Agrarian Affairs that confirms the granting of land property rights for Indonesian citizens based on land use, not solely based on spatial planning.
The need for a policy or regulation from the Medan City Government that distinguishes the basis of the calculation of Land and Building Tax (PBB) for homes and trade zones in order to create justice for the community.

Q: What are the implications of not addressing the issue of granting land rights to residential houses in Medan?

A: The implications include:

The emergence of slums in Medan.
Social injustice for those who have to pay high property taxes based on the determination of zoning.
The hindrance of the achievement of spatial goals and regional planning.
The violation of human rights of the community.