PP 18/2021 Strengthens Legal Certainty in MAP-Jababeka Infrastructure Land Dispute
The land dispute between PT Mastertama Adhi Propertindo (MAP) and PT Jababeka Infrastructure regarding a waste pipe in the Cikarang Barat industrial area, Bekasi Regency, has entered a crucial phase.
MAP’s lawyer, Razi Mahfudzi, stated that Government Regulation No. 18 of 2021 (PP 18/2021) serves as the primary basis for determining the validity of land rights and obligations for its utilisation.
According to Razi Mahfudzi, PP 18/2021 explicitly positions the Certificate of Ownership (SHM) as valid proof of ownership with full legal force. In the context of this dispute, if the land crossed by the waste pipe is certified in MAP’s name, the presence of another party’s infrastructure on it cannot be justified without a valid agreement.
“If a plot of land has a registered SHM, any use by another party must be based on the owner’s consent. Without it, there are legal consequences, including the obligation for compensation,” he said at Polda Metro Jaya.
He explained that the paradigm shift in land law through PP 18/2021 also ends the practice of using old documents such as girik or letter C as a basis for ownership claims. These documents now only serve as administrative guides for land registration, not as proof of rights. Thus, claims for land use unsupported by official certificates are potentially weak before the law.
Furthermore, Razi Mahfudzi assessed that the position of Jababeka’s subsidiary managing the waste pipe is crucial in this case. If it is proven to continue utilising the land without agreement from the SHM holder, there is a legal obligation to provide compensation to the rightful owner, namely MAP.
“From a civil law perspective, this falls under unauthorised use, implying compensation for damages. It does not rule out criminal consequences if the elements are met,” he said.
He also highlighted that the stalled negotiations between the two parties indicate significant differences in valuation, but this does not eliminate the inherent legal obligations. In practice, he said, the court will view the basis of ownership legality as the primary factor, not merely the duration the infrastructure has been in place.
Razi Mahfudzi added that PP 18/2021 also strengthens the state-managed electronic land registration system, allowing every land right to be traced transparently and accountably. With this system, the potential for overlapping ownership or unilateral claims can be minimised.
“The state, through this regulation, wants to ensure there is no more grey area in proving rights. Everything must be registered and officially verified,” he said.
Chronologically, this dispute stems from the existence of a waste pipe installed underground on MAP’s land. Significantly, the waste pipe route crosses 11 plots of land with an area of 1,293 square metres. The pipe is three metres wide and approximately 432 metres long.
The conflict emerged in 2022 when MAP requested the relocation of the pipe as it entered development plans, but negotiations on rental schemes or compensation did not reach an agreement, leading to summonses and legal proceedings.
Razi Mahfudzi revealed that PT Jababeka Infrastructure and PT MAP had discussed plans for compensation and land lease agreements on 13 February 2023. At that time, both parties agreed to formalise the land utilisation cooperation agreement in a memorandum of understanding, to be finalised no later than two months.
However, those efforts have not yet resulted in an agreement. MAP has sent 39 follow-up letters to Jababeka regarding the planned signing of the Land Lease Agreement and confirmation of compensation value, but has not received a response. Eventually, MAP decided to take legal action.
Razi Mahfudzi hopes this dispute can serve as an important precedent in enforcing land law in Indonesia, particularly in investment-dense industrial areas. “PP 18/2021 provides clear direction: legal certainty must be a priority. Investors, developers, and landowners must adhere to the same system to avoid prolonged conflicts,” he said.
To date, the legal process of the dispute between MAP and Jababeka Infrastructure is still ongoing at the investigation level. This case reflects the complexity of agrarian issues in Indonesia, as well as a test for the implementation of new regulations in creating legal certainty in the land sector.