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12 August 2016

HOW TO COMPLETE LAND DISPUTE


Partus
Note black land dispute between the residents and the investors holding the right to cultivate in Indonesia again increased. This time it happened in the area Bolaang Mongondow who narrates from what is spoken Benny Ramdhani when a short dialogue in Jarod rabu10 / 08 that is no fewer than 28 holders of rights to cultivate entrenched Kab. Bolaang Mongondow, also further described while still a member of parliament of North Sulawesi Province, he often resolve a land dispute between the company and the community.  

 
From the story of the emperor's agree we should say this problem is actually a congenital disease for a long time which always recur and undermine the health of the local government district. Bolaang Mongondow.

The day was Monday, August 1, 2016 when I was again cools to drunk order a cup of coffee results of cubicle office window to the cafeteria next door, suddenly shocked boisterous sound like a funfair.  

What is this, quizzed had inquired oh it turns out that day at the office of Regent Bolaang Mongondow villagers of Tiberias districts Poigar intends to convey anger  them to local governments. 

 I rushed to join the protesters, who at that time had reached the front page Bolaang Mongondow Regent's office to find out the core of the problem.

Oration of coordinator demonstrators Firdaus and Abner Patras Let me see and occasionally glancing at the writings contained in a cardboard they bring.  

Who knows intake sat his case knowledge can more quickly fill the shell of my sanity rather than have standing tired hearing all their emotions have been expressed that seems to have started spurting everywhere.  

As a result even more confused, it's gone like a statue Bogani I decided to follow the course scenario story already begun.

Apparently the villagers of Tiberias hot-horned horns with the act of PT Melia Sejahtera were allegedly disrespectful to the community. 

The local government was in contact with the sap and even behind to corner because they are ignorant and less conscientious published several documents that they ask permission licensing rights to cultivate the company revoked.  
In the midst of oblique accusations are flying around everywhere, Head of the Environment Agency, as well as some relevant officials, including the district secretary who was then in place swiftly to provide an explanation that can be chewed common sense of society.

This method is quite nice and very fitting, especially closed with conclusions point as submitted secretary Drs Ashari Sugeha area that will be formed team of investment research to find out what people complain about. 

When the demo took place, so far from misguided interpretation that made me slip into slander, fad I try scavenge information on some existing residents is in fact what happened and why they objected to the PT Melia Sejahtera? The problem turned out to press the point just because the public is prohibited gardening on land owned by the company, with the company's statement this land is not state land.

Of these events is clear and very obvious there is mutual underestimated between the two sides. Like a person in a high mountain and see the person underneath so small, but at the same time people are under also see the top of the mountain which was so small. As a result, then it would be difficult to find a deal that can satisfy both.

Cultivation Rights 

Apart from the matter of satisfied not satisfied that, as a tradition of institutionalized investment activities and interests of the community will never agree, clash and had to tackle each.  

Maneuvers eel did not forget normally would fill the empty spaces in the feud between the two, but finally realized it or not society will also be a saddler.

I catch the scent there are breached propriety of this incident, whatever it is. Could this chaos caused by the standard operating procedure has been no private investment management or research  role in the formulation of government policy are still weak.  

Where as in the light of Article 36 of the letters G and H Regulation No. 17 Year 2016 on Guidelines for Research and Development in the Ministry of the Interior and Local Government ordered "Research Agency District / City or institution with other designations which performs functions research in districts / cities have task: (g) ensure the drafting of policies and results-based or regulatory research in the district / city. (H) provide regulatory and policy recommendations to the Regent / Mayor and the local district / city ". So ideally the issue of land disputes in the concession should not have happened and should be completed in early before all the licensing documents issued.

But since it is relatively new Regulation was published in the year 2016 it is only natural if you have not applied the method based policy making result research. 

To start Permendagri message that I will start from the question of what the actual sentence the right to cultivate it? According to article 28 paragraph 1 of Government Regulation No. 40 of 1996 concerning the right to cultivate, building rights and rights of use of land is mentioned "as the right to cultivate land that is directly controlled by the state in a given time period to the business activities of agriculture, plantation, fishery, or farms ".

So it's obvious right to cultivate temporary to manage state land so fallen  claim which the company says that the land that they arrange not state land is the interpretation at will willingly bullhead. 

The question arises next critical exactly who has the authority to issue a license rights lease, whether the local government Bolaang Mongondow or were there other agencies outside the local government?

To minimize this question, mentioned in the Regulation of the State Minister of Agrarian / Head of BPN No. 3 of 1999 regarding the delegation of authority to grant and cancellation Landrights State, that the issuance of permits leasehold to land with an area of ​​over 200 hectares to the authority of the National Land Agency Centre while to the extent of land under 200 ha, under the authority of the Head Office of the Provincial National land Agency.

So that the construction demands of the villagers of Tiberias asking Local Government District. Bolaang Mongondow right to revoke the license of PT Melia Sejahtera according to the ministerial decree agrarian sound clearly wrong room. Inkling that splashed on the crown of my cross-agency coordination of vertical national land agency with local governments still barren so that always makes the local government broke. But we are not going to find out who is right and wrong, the problem is quite easily solved by means of civilized and intelligent.

Society position

We start finish to the principal case the Tiberias community gardening in the same location with PT Melia Sejahtera. Do they deserve butt kicked arbitrarily excluded from the company's locations have been mastered? whoa boss, despite already has permission to cultivate, in article 28 of Law Agrarian conjunction with Article 4, paragraph 4 of Government Regulation No. 40 of 1996 states "In the case on the ground that will be given to leasehold that there are plants and / or buildings owned by other parties whose existence is based on the legitimate right base, building owners and replace the plant with loss attributable to holders of new leasehold ".
Clearly, there is an obligation holder of rights of exploitation to the community to provide compensation for crops and buildings before the license was issued rights of exploitation. Another perception that develops later to apologize land compensation can not be performed because of its status as state land. In this situation the local government Bolaang Mongondow present to facilitate the settlement of land disputes by offering conflict resolution that could satisfy both parties in the dispute with three possible solutions:
  1. The company must provide compensation to the community by deal value method approach shadow price (shadow price) to avoid debate chair protracted.
  2. The pattern of plasma core must be used by companies in order kelolah plantation land under their control as outlined in the memorandum of understanding of cooperation.
  3. The community is given space for gardening at 20 percent of the total acreage of plantation companies with reference to the Minister of Agriculture Number 26 / Permentan / OT.140 / 2/2007 on the plantation business licensing guidelines.
  4. What if that alternative offered was a stalemate? with a very heavy heart, what can make me want to point out that the regents are entitled to use the his authority revoke location permission has been given. Location permit issuing authority by regents already explained in straightforward in article 9, paragraph 3 of the Regulation of the Minister of Agricultural and Spatial Planning No. 5 of 2015 on the Permit Area so that the logic of rollovers regents also entitled to revoke the permission given location.
New problems appeared again, whether acting regent Bolaang Mongondow can execute article 9 of this? I can say unequivocally if written approval of the minister of the interior. It exists in Article 132a paragraph 2 of Government Regulation No. 49 of 2008 on the Election, Legalization of Appointment and Dismissal of Regional Head and Deputy Regional Head.
Finally, I just wish people need a little patience to wait the best solution drawn Local Government Bolaang Mongondow as I lay before. Let's be kind thought and did not need to suspect a flirt in this case, the solution is clear and measurable through conflict resolution team that will be formed. And for the company must submit, obey the applicable legislation and what the local government decided later. The use of Act 51 of 1960 in resolving land disputes this for a while I think the first is ignored in order to achieve a resolution intelligent alike can satisfy all parties in the dispute.
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