57 Business Entities Identified at Fire Hotspots; ATR/BPN Verifying Land
The Ministry of Agraria and Spatial Planning/National Land Agency (ATR/BPN) is conducting field verifications of concession lands belonging to 57 business entities that have been identified as being located within forest and land fire (karhutla) hotspots.
Speaking in Jakarta on Tuesday, the Secretary of the Directorate General of Rights Determination and Land Registration of the Ministry of ATR/BPN, Heri Muliand, stated that the verification is being carried out to ensure the accuracy of the burnt concession area size, serving as a basis for determining objective administrative actions.
“The Regional Offices of the BPN and Land Offices are currently conducting field verifications to compare the number of burnt concession areas against those previously established,” Heri said during a press conference on the progress of forest fire management at the Coordinating Ministry for Political and Security Affairs.
According to him, the 57 business entities are spread across five provinces in Kalimantan, namely North Kalimantan, East Kalimantan, South Kalimantan, West Kalimantan, and Central Kalimantan. Additionally, these entities are distributed across four provinces in Sumatra, namely Lampung, Jambi, South Sumatra, and Riau.
Heri explained that the verification is necessary to confirm the burnt concession area relative to the established area as a basis for implementing administrative law enforcement.
He noted that right holders, including those holding Cultivation Rights (HGU), have an obligation to maintain the land, enhance soil fertility, and prevent land damage, including damage caused by fire.
Heri stated that if these obligations are not met, existing laws and regulations allow for the revocation of HGU before its term expires.
In terms of administrative law enforcement, ATR/BPN refers to the Regulation of the Minister of ATR/Head of BPN Number 15 of 2016 regarding the Procedures for the Release or Cancellation of Cultivation Rights or Use Rights on Burnt Land.
“For areas where the burnt portion is less than or equal to 50 per cent, the business user/holder is obliged to release the affected area and relinquish their rights,” Heri said.
Meanwhile, if the burnt area exceeds 50 per cent of the concession area, Heri noted there are two possible treatments: the right holder must pay compensation of IDR 1 billion per hectare of the burnt land, or relinquish the entire HGU.
“This is the data we are currently verifying, so that the administrative law enforcement treatment can be carried out objectively,” he added.
Heri stated that the verification results will also serve as material for evaluation to prevent the recurrence of forest and land fires in the future, noting that this process serves as a ‘lesson learned’ to ensure such incidents do not happen again.