Understanding the Context of Land Management in Indonesia

Oct 13, 2025 by magicalceylontours.com 56 views

# Juridical Analysis of Management Rights (HPL) BP Batam versus Kampung Tua

Understanding the Context of Land Management in Indonesia

In the context of land management in Indonesia, Article 33 paragraph (3) of the 1945 Constitution confirms that natural resources and resources contained therein are controlled by the state to be used for the welfare of the people. This provision is a cornerstone of Indonesia's land management system, emphasizing the state's role in managing natural resources for the benefit of its citizens. However, the implementation of this provision can be complex, particularly when it comes to the management of land by various stakeholders, including government agencies, private companies, and local communities.

The Case of BP Batam and Kampung Tua

The case of BP Batam and Kampung Tua is a prime example of the complexities surrounding land management in Indonesia. Presidential Decree No. 41 of 1973 concerning the Batam Island Industrial Area gave Management Rights (HPL) to BP Batam over the entire land area on Batam Island. However, there are complex problems related to the existence of the Old Village community, who have managed land in the area for generations long before the issuance of the Presidential Decree. The Old Village community has refused their land to be included in the BP Batam HPL area and demanded that the land be given a certificate of ownership.

Methodology and Data Collection

This study uses a qualitative descriptive method with an empirical juridical approach. Data was obtained through in-depth interviews with a number of parties, including officials from the Batam City Government Office, Batam Authority, the Chairperson of the Batam Waris Khasanah Family (RKWB), which was an institution that fought for the legality of the Old Village, and the Batam City Land Office. The results of the study showed that the Old Village community refused their land to be included in the BP Batam HPL area and demanded that the land be given a certificate of ownership.

Challenges Faced by the Old Village Community

However, even though the community is trying to get legal certainty over their land, the challenges faced are quite significant. One of the main problems is the unclear regarding the boundaries of land determined by BP Batam and the Batam City Government, which can lead to conflict and legal uncertainty in the future. The involvement of various government agencies in this issue further adds to the complexity. The lack of clear boundaries and the involvement of multiple government agencies have created a situation where the Old Village community is uncertain about their rights and the future of their land.

Recommendations for a Fair Solution

From the analysis conducted, there are several recommendations that can be considered. First, BP Batam and the Batam City Government need to propose to the central government to issue regulations equivalent to the Presidential Decree. The aim is to put aside the old village from the regulation of BP Batam HPL and determine the status of land in the old village as a property rights. This policy will not only provide legal certainty to the Old Village community but also in line with the principle of utilizing natural resources for the greatest prosperity of the people, in accordance with the mandate of the 1945 Constitution.

The Importance of Legal Certainty

Legal certainty related to land control is very important to create conditions that are conducive to the economic development of the Old Village community. In addition, with a clear ownership status, the community can be more free in managing and utilizing their land to improve welfare. Efforts to achieve this fair solution not only contribute to social justice, but also reduce the potential for conflict that may arise in the future.

Conclusion

Overall, juridical analysis of the management rights of BP Batam and Kampung Tua shows the importance of the government's alignments on the rights of people who have long inhabited and managed the land. With the right steps, it is hoped that all parties can find sustainable solutions and in line with the principles of justice and prosperity for all Indonesian people.

Future Directions

In conclusion, this study highlights the need for a more nuanced approach to land management in Indonesia, one that takes into account the rights and interests of all stakeholders, including local communities. The government must play a proactive role in resolving the complex issues surrounding land management, including the unclear boundaries and the involvement of multiple government agencies. By doing so, the government can create a more just and equitable system of land management that benefits all parties involved.

References

Presidential Decree No. 41 of 1973 concerning the Batam Island Industrial Area
Article 33 paragraph (3) of the 1945 Constitution
In-depth interviews with officials from the Batam City Government Office, Batam Authority, the Chairperson of the Batam Waris Khasanah Family (RKWB), and the Batam City Land Office

Appendix

List of interviewees
List of documents reviewed
Map of the Batam Island Industrial Area

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# Juridical Analysis of Management Rights (HPL) BP Batam versus Kampung Tua: Q&A

Understanding the Complexities of Land Management in Indonesia

In our previous article, we explored the complexities of land management in Indonesia, particularly in the context of the Batam Island Industrial Area. The case of BP Batam and Kampung Tua highlights the need for a more nuanced approach to land management, one that takes into account the rights and interests of all stakeholders, including local communities. In this Q&A article, we will address some of the most frequently asked questions about the management rights of BP Batam and Kampung Tua.

Q: What is the Management Rights (HPL) of BP Batam?

A: The Management Rights (HPL) of BP Batam refers to the rights granted to BP Batam by the government to manage and utilize the land in the Batam Island Industrial Area. This includes the right to lease, sell, and develop the land for industrial purposes.

Q: What is the issue with the Old Village community?

A: The Old Village community has been managing the land in the area for generations, long before the issuance of the Presidential Decree that granted the HPL to BP Batam. They have refused to have their land included in the HPL area and have demanded that the land be given a certificate of ownership.

Q: What are the challenges faced by the Old Village community?

A: The Old Village community faces several challenges, including the unclear boundaries of the land determined by BP Batam and the Batam City Government, which can lead to conflict and legal uncertainty in the future. The involvement of various government agencies in this issue further adds to the complexity.

Q: What are the recommendations for a fair solution?

A: One of the recommendations is for BP Batam and the Batam City Government to propose to the central government to issue regulations equivalent to the Presidential Decree. This would put aside the old village from the regulation of BP Batam HPL and determine the status of land in the old village as a property rights.

Q: Why is legal certainty important for the Old Village community?

A: Legal certainty is important for the Old Village community because it would provide them with a clear understanding of their rights and the future of their land. This would enable them to manage and utilize their land more effectively, improving their welfare and contributing to social justice.

Q: What are the implications of this case for land management in Indonesia?

A: This case highlights the need for a more nuanced approach to land management in Indonesia, one that takes into account the rights and interests of all stakeholders, including local communities. It also emphasizes the importance of legal certainty and the need for clear boundaries and regulations to avoid conflict and legal uncertainty.

Q: What can be done to resolve this issue?

A: To resolve this issue, BP Batam and the Batam City Government need to work together with the Old Village community to find a fair and sustainable solution. This could involve proposing regulations equivalent to the Presidential Decree, providing legal certainty to the Old Village community, and determining the status of land in the old village as a property rights.

Q: What are the benefits of resolving this issue?

A: Resolving this issue would have several benefits, including providing legal certainty to the Old Village community, improving their welfare, and contributing to social justice. It would also reduce the potential for conflict and legal uncertainty in the future, creating a more stable and equitable system of land management.

Conclusion

The management rights of BP Batam and Kampung Tua are a complex issue that highlights the need for a more nuanced approach to land management in Indonesia. By understanding the challenges faced by the Old Village community and the recommendations for a fair solution, we can work towards creating a more just and equitable system of land management that benefits all parties involved.