The Faculty of Law UGM, with the Department of Agrarian and Environmental Law support, held an online discussion entitled "Examining 90 Years of HGU in the Working Copyright Bill" via the Zoom platform on Saturday (13/6) last afternoon. It was also live reported via the Youtube Research Unit and UGM Publication Research Unit.
This discussion performed some speakers related to this topic. They are Dr. Andi Tenrisau, S.H., M.Hum. (Expert Staff of the Minister of BPN in the Field of Land Reform and Community Rights to Land), Ir. Joko Supriyono (Indonesian Palm Oil Entrepreneurs Association), Dewi Kartika (Secretary of the Consortium for Agrarian Reform), Arteria Dahlan, ST, SH, MH (Commission III of the Indonesian House of Representatives/Members of the Working Committee on the Cipta Karya Bill), and Prof. Dr. Maria S.W. Sumardjono S.H., MCL, M.P.A. (Professor of FH UGM).
Maria, in her presentation, questioned the basis of the proposed 90-year term for this HGU. She revealed that since the independence day in Indonesia, no one had set such a long time if there is a legal basis for land and capital.
"From Colonial Agrarian Law, UUPA (Law No.5 of 1960 concerning Basic Regulations on Agrarian Principles), to additional regulations related to land authorization, no one regulates that long period. The term of the HGU can reach 75 years, and even then cumulatively with an evaluation process for the extension and renewal of the contract," she explained.
Furthermore, Maria explained that the granting of HGU within 90 years was contrary to Article 33 paragraph (3) of the 1945 Constitution. This regulation was as decided by the Court in the decision No. 21-22 / PUU-V / 2007.
"According to the decision, there is a philosophy of 'the state controlling agrarian resources.' The purpose is to accomplish the greatest prosperity of the people. It means, to what extent the people can benefit from the control and utilization of agrarian resources," she explained.
Prof. Dr. Sigit Riyanto, S.H., LL.M., Dean of the Faculty of Law UGM, said that in determining this kind of agrarian policy, it is necessary to consider several aspects. That includes legal, economic, socio-cultural issues, urban planning, and so on. All aspects, according to him, must be holistically assessed and not be haphazard.
Sigit considers this issue to be unsafe for various interests. However, he believes that each party has good intentions with these interests for the sake of this nation. "I hope the discussion can be an advancement for the participants. Then the results can also be used as input for policymakers. We aim to contribute to this nation and state of Indonesia," he concluded.
Translator: Natasa A