{
    "success": true,
    "data": {
        "id": 1661558,
        "msgid": "ex-ptpn-land-trial-expert-reveals-20-land-regulation-lacks-implementation-guidelines-1775602278",
        "date": "2026-04-07 17:18:00",
        "title": "Ex-PTPN Land Trial: Expert Reveals 20% Land Regulation Lacks Implementation Guidelines",
        "author": "Cahya  Mulyana",
        "source": "MEDIA_INDONESIA",
        "tags": "",
        "topic": "Legal",
        "summary": "In the ongoing trial over the alleged sale of PTPN assets to Ciputra Land at Medan District Court, administrative law expert Ahmad Redi testified that Ministerial Regulation No. 165\/2021 mandates the surrender of 20% of land to the state prior to converting land use rights from HGU to HGB, though no implementation guidelines or technical instructions exist for this obligation. Witnesses, including Hernold Ferry Makawimbang, calculated state losses at Rp263 billion based on the unsurrendered land valued at Rp1 million per square metre, while accountants assessed the market value of the affected 93 hectares at Rp197 billion in vacant condition. The defence argued readiness to comply but cited the absence of technical rules as a barrier, highlighting regulatory gaps in land conversion processes involving state-owned enterprises.",
        "content": "<p>Administrative law expert Ahmad Redi stated that Ministerial\nRegulation No.\u00a0165 of 2021 from the Ministry of Agrarian Affairs and\nSpatial Planning\/National Land Agency explains the obligation to\nsurrender 20% of land to the state. \u201cThe regulation states that the\nsurrender occurs before the process of transferring building use rights.\nThis means in the form of business use rights which are then surrendered\nby the HGU holder,\u201d said Redi during the continuation of the trial on\nthe alleged sale of PTPN assets to Ciputra Land at Medan District Court\non Monday (6\/4). However, Redi also explained that to date, there are no\nimplementation guidelines (juklak) or technical instructions (juknis)\nregarding the obligation to surrender 20% of the land to the state, as\nstipulated in Article 165 of Ministerial Regulation No.\u00a018 of 2021 from\nATR\/BPN. \u201cRegarding the surrender obligation of 20% for the transfer of\nbuilding use rights to building use rights, indeed there is none in the\njuklak and juknis,\u201d said Redi. According to Redi, under the provisions\nof Article 165 of the ATR\/BPN Ministerial Regulation, the obligation to\nsurrender 20% of the land to the state has been regulated since the\nregulation was enacted in 2021. Meanwhile, Article 166 focuses more on\nthe requirements for changes in rights. \u201cArticle 166 concerns\nrequirements. As far as I know, there are no juklak and juknis on the\nsurrender. If you read the regulation, Article 166 covers the\nrequirements for changing HGU to HGB. The change, application, then\nexamination by certain officials to check the physical and juridical\ndata. In this case, the HGU holder will surrender the land to the\nstate,\u201d explained Redi. He also explained that the change from Business\nUse Rights (HGU) to Building Use Rights (HGB) can occur for two reasons:\nchanges in regional spatial planning or government development needs.\nDuring the trial, Redi answered several questions from the prosecutor\nand the defendant\u2019s legal counsel, including on the implementation of\nthe land surrender obligation, which is still facing technical\nobstacles. Meanwhile, witness Hernold Ferry Makawimbang, who calculated\nthe state losses, stated that the calculation of state losses was based\non the value of the land not yet surrendered to the state. \u201cSo what we\ncalculated is the HGU. We averaged the price in the HGU at Rp1 million\nper square metre. So we looked at the 20% obligation to the state\ntotalling Rp263 billion,\u201d he said. The legal counsel for former PTPN II\nDirector Irwan Perangin-angin, Fernandes Raja Saor, also stated during\nthe trial that they have expressed readiness to fulfil the obligation\nbut are hindered by the lack of technical regulations. \u201cWe have made the\napplication, we are willing to carry out the 20% surrender to the state.\nBut we do not have the authority to regulate the surrender due to the\nregulatory vacuum, and to whom the land will be given,\u201d said Fernandes.\nIn addition to Redi and Hernold, two other expert witnesses were\npresented in the trial, namely Iwan Budiyono as a financial auditor,\nSuherwin as a public accountant, and Dr.\u00a0Hernold Ferry Makawimbang who\ncalculated the state losses. Suherwin explained that they assessed seven\nlocations that have HGB status and are managed by PT Nusa Dua\nPropertindo (NDP) together with PT Deli Megapolitan Kawasan Residensial\n(DMKR). \u201cOur assumption, our assessment is that these seven HGU\nlocations that were changed will be developed into housing, and we\nassessed 93 hectares of land that already have buildings. And we\nassessed the obligation from the 93 hectares of the aforementioned 20%.\nThe figure we got based on market calculations reaches Rp197 billion in\nvacant condition,\u201d he said.<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/ex-ptpn-land-trial-expert-reveals-20-land-regulation-lacks-implementation-guidelines-1775602278",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}