Agrarian Ministry Cancels 50 Sea Fence HGB Certificates

Tempo
30 Jan

TEMPO.CO, Jakarta - Minister of Agrarian and Spatial Planning/Head of the National Land Agency (ATR/BPN) Nusron Wahid said that he has canceled 50 sea fence Right of Building (HGB) in Kohod Village, Tangerang, Banten. He mentioned that the number of cancellations could be increased.

"As of now, from the 263 and 217, we have canceled 50. The rest are still in progress, we are verifying. Which ones are within the coastline, which ones are outside the coastline," said Nusron Wahid during a Work Meeting with the House of Representatives Commission II, Thursday, January 30, 2025.

Chair of the House of Representatives Commission II Muhammad Rifqinizamy Karsayuda appreciated the firmness of the ATR/BPN Ministry in canceling the 50 certificates. He said that his institution supports the ministry led by Nusron Wahid in resolving the sea fence issues.

"We encourage a firm legal enforcement process for anyone, both those applying for certificates, those issuing certificates, and those we suspect of having issues," Rifqi said after a work meeting with ATR/BPN, on Thursday.

The certificates were withdrawn due to procedural defects because the sea cannot be certified. HGB owned by PT Intan Agung Makmur (IAM) was also canceled.

With this cancellation, the rights of the HGB and SHM holders are lost. According to ATR/BPN data, there are 263 HGB and 17 SHM above the sea in Tangerang. The 234 HGB belong to PT IAM, 20 belong to PT Cahaya Inti Sentosa, and 9 others belong to individuals.

PT IAM is affiliated with PT Cahaya Inti Sentosa, a company owned by PT Agung Sedayu. The second commissioner of both companies is the same person: Freddy Numberi, Minister of the Ministry of Marine Affairs and Fisheries (KKP) during the 2004-2009 period.

Nusron said that his ministry ensures the withdrawal of HGB and ownership certificates (SHM) for sea fence areas in Tangerang. According to him, the issuance of hundreds of HGB and SHM in the coastal areas of Tangerang has procedural and material defects.

"Because of procedural and material defects, based on Government Regulation Number 18 of 2021, as long as these certificates are not yet 5 years old, the ATR/BPN Ministry has the authority to withdraw or cancel them without the process and order from the court," he said in Tanjung Pasir, Tangerang on January 22, 2025.

Nusron explained that based on their inspection and examination results, some of the reported HGB and SHM are located outside the coastline. He said that this area is not allowed to be owned by individuals and therefore cannot be certified.

Nusron mentioned that the hundreds of certificates were mostly issued in 2022-2023, which means they were issued less than five years ago. Therefore, the sea fence HGB and SHM in the waters of Tangerang can be automatically withdrawn or null void under the law. "That is a sufficient requirement to review and cancel the certificates," he said.

Jihan Ristiyanti and Oyuk Ivani S contributed to the making of this article.

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