Legal Expert Highlights Weak Coordination Between BPN and KLHK Regarding 106 Land Titles in Ngurah Rai Nature Reserve Area
The issuance of 106 Land Titles (SHM) in the Ngurah Rai Nature Reserve area in Bali has drawn sharp criticism regarding the weak coordination between government institutions, particularly between the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) and the Ministry of Environment and Forestry (KLHK).
Legal expert, lawyer, and agrarian reform activist, Agus Samijaya, believes that the issuance of certificates in a conservation forest area should not have occurred if there had been better data synchronisation and coordination between the two institutions.
“There should be synergy between the forestry and land agencies. Data on forest boundaries should be the reference before issuing certificates. They should not operate independently,” Agus said in an interview on Tuesday (24/02).
He explained that, in practice, spatial data and forest boundaries are often only under the control of the KLHK and are not fully integrated with the land administration system managed by the ATR/BPN. This condition has the potential to create administrative loopholes that lead to the issuance of certificates in areas that should not be privately owned.
“There have been many cases where data on forest boundaries is only held by the forestry agency. However, before issuing certificates, the BPN should first ensure whether the land in question is located inside or outside the forest area,” he said.
According to Agus, in principle, the Tahura area is a conservation area with the status of state land and cannot be granted individual ownership rights.
The issuance of SHMs in the area has the potential to create administrative and legal defects. “If the certificate was issued after the area was designated as a Tahura, then that is clearly not allowed. It can be categorised as an administrative defect,” he emphasised.
Agus added that, in the context of land administration, the ATR/BPN has the authority to evaluate and revoke certificates if administrative defects are found in the issuance process.
On the other hand, Agus believes it is important to ensure the chronology of the certificate issuance. If the certificate was issued before the area was designated as a Tahura and obtained in good faith, then the rights holder should still be legally protected.
“If it was obtained before the designation of the area and through proper procedures and in good faith, then the owner must still be protected. The state should not ignore the rights of the community,” he said.
This case, Agus continued, is a reminder of the importance of integrating land and forestry information systems to prevent similar problems from recurring in the future. Without strong coordination, the potential for legal conflicts and land tenure uncertainty will continue to recur.
“This shows the importance of inter-agency coordination. We must ensure that systemic weaknesses do not create legal problems for the community and the state,” he said.
This case came to light after the Bali Regional People’s Representative Council (DPRD) found that dozens of land titles had been issued in the Ngurah Rai Nature Reserve area. This finding raised suspicions of violations in the land administration process.
The Ngurah Rai Nature Reserve is a mangrove forest that has a vital function for the Bali coastal ecosystem, including protecting the coastline and maintaining environmental balance.
The Special Committee (Pansus) on Spatial Planning, Assets, and Permits (TRAP) of the Bali DPRD previously stated that as many as 106 SHMs that overlap with the Ngurah Rai Nature Reserve are at risk of being revoked. The revocation will be carried out if the land listed in the SHM is proven to encroach on the Ngurah Rai Nature Reserve area.
The Bali High Prosecutor’s Office (Kejati) admitted that it is facing difficulties in uncovering the case of the issuance of 106 Land Titles (SHM) in the conservation area of the Ngurah Rai Nature Reserve. The investigation into the matter has been ongoing for several months.
The Head of the Legal Information Section of the Bali High Prosecutor’s Office, I Gede Wiraguna Wiradarma, confirmed that the investigation process is ongoing. According to him, the investigation team is still working to unravel the case, which is allegedly related to the issuance of certificates in the protected forest area.
“For sure, the investigation is ongoing. Regarding the obstacles faced, we confirm that the investigators are still making every effort to uncover this case,” Wiraguna said when confirmed by detikBali, Thursday (19/02).