Pagar Laut Tangerang: Sertifikat HGB Terbit di Era Jokowi, Dicabut di Era Prabowo | Explains

Summary

A controversial maritime land issue has emerged in Tangerang, Banten, where a 30.16 km-long sea fence was built without clear ownership or proper permits. Despite being sealed by the Ministry of Marine Affairs, the discovery of certificates of property rights, including hundreds of land certificates in the sea, raises questions about legal processes and transparency. There were allegations of administrative malpractice and manipulation in obtaining these certificates. On January 22, 2025, the Ministry of Agrarian Affairs canceled the certificates, declaring them procedurally flawed. The case continues to highlight concerns over land-grabbing and governance in coastal regions.

Takeaways

• 😀 The ocean fence issue in Tangerang, Banten has sparked national attention due to its controversial nature.
• 😀 The Indonesian Navy (TNI Angkatan Laut) and the Ministry of Marine Affairs (KKP) are actively involved in dismantling the ocean fence.
• 😀 In January 2025, it was revealed that the ocean fence was built on areas that had been granted 'hak guna bangunan' (HGB) certificates, which are typically only issued for land, not the sea.
• 😀 The Ministry of Marine Affairs intervened in early January 2025, sealing off the construction site and suspecting it lacked necessary legal permits.
• 😀 The Ministry of Agrarian Affairs and Spatial Planning (ATR/BPN) disclosed that 260 ocean plots had been certified, raising questions about the legitimacy of these certificates.
• 😀 Some of the ocean plots with certificates were registered under companies and individuals, which led to concerns about the transparency and legality of the certification process.
• 😀 There are suspicions that legal manipulations may have occurred to issue HGB certificates for ocean areas, possibly through changes in land and spatial planning.
• 😀 Both the current Minister of Agrarian Affairs, Nusron Wahid, and former ministers denied knowledge of the certificates, raising doubts about internal communication within the government.
• 😀 Minister Nusron Wahid officially canceled the controversial HGB and property certificates on January 22, 2025, declaring them invalid due to procedural flaws.
• 😀 This case has raised broader questions about transparency in land and maritime governance, as well as the role of private interests in manipulating legal systems.

Q & A

What is the issue surrounding the sea fence in Tangerang, Banten?

The issue centers around the construction of a sea fence in Tangerang, Banten, which was built without clear responsibility or proper authorization. The fence, spanning 30.16 km, was found to have certificates for land use and ownership, despite being located in the sea, which raised questions about its legality.

Why was the sea fence in Tangerang dismantled by the authorities?

The sea fence was dismantled because it lacked the necessary permissions and was deemed to be in violation of regulations. The Ministry of Maritime Affairs and Fisheries (KKP) found that the project did not have proper permits or spatial planning compliance, and the structure was considered illegal.

What did the Minister of Agrarian Affairs, Nusron Wahid, reveal about the land certificates?

Nusron Wahid, the Minister of Agrarian Affairs, revealed that 260 land certificates had been issued for the sea area, with 234 under the name of PT Intan Agung Makmur and others under different entities. He also stated that these land certificates were invalid since they were issued over the sea, a violation of land ownership laws.

How did the authorities react to the sea fence after it was identified as illegal?

Initially, the authorities hesitated to dismantle the sea fence, as the matter was still under investigation. However, the Minister of Maritime Affairs, Sakti Wahyu Trenggono, later ordered its removal and set a 48-hour deadline for the process. This was part of an effort to clear up the legal and administrative issues.

What role did the Ministry of Maritime Affairs (KKP) play in the investigation of the sea fence?

The Ministry of Maritime Affairs (KKP) played a central role by investigating the sea fence's legality. They identified that it lacked proper spatial planning and environmental compliance. KKP officials sealed the fence in January 2025, and they were actively involved in identifying the perpetrators responsible for the project.

What did the former Minister of Agrarian Affairs, Hadi Cahyanto, say about the sea fence's land certificates?

Hadi Cahyanto, the former Minister of Agrarian Affairs, stated that he was unaware of the land certificates issued for the sea area during his tenure. He only learned about the issue after it became publicly discussed in the media, indicating a lack of oversight in the issuance process.

Why did some officials not know about the issuance of the land certificates?

Some officials, including Minister Agus Harimurti Yudhoyono, did not know about the issuance of land certificates because they were not in office at the time the certificates were granted, or they were unaware of the process. This lack of knowledge raises concerns about the transparency and oversight of the land certification process.

What legal concerns were raised regarding the land certificates issued over the sea?

The main legal concern was that land certificates, such as the Certificate of Building Use Rights (HGB), cannot be issued over the sea because such areas do not qualify for private property ownership. This raised questions about the legality of the issuance process, with some suggesting that the data and procedures were manipulated.

How did the government handle the cancellation of the land certificates?

The government, through the Ministry of Agrarian Affairs, officially canceled the 266 land certificates related to the sea fence in Tangerang on January 22, 2024. The cancellation was based on the finding that the certificates were issued improperly, as the land in question was under the sea, outside the coastline.

What did Nusron Wahid say about the illegal land certificates and the legal process behind them?

Nusron Wahid acknowledged that the issuance of the certificates was legally flawed, describing the process as a case of administrative malpractice. He emphasized that these certificates were obtained through manipulation of data and the approval process, which allowed land use rights to be granted in areas where they should not have been possible.