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Stagnancy of Land Use Arrangement Former Cultivation Rights…  

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Stagnancy of Land Use Arrangement Former Cultivation 

Rights (Case Study of BPN Makassar) 
 

Dwi Gatra, Syamsuddin Pasamai, Hasan Kadir, Andika Prawira Buana, Aan Aswari 

Faculty of Law, Universitas Muslim Indonesia 

email: invinciblegatra@gmail.com 

 

ABSTRACT 

Land issues still cause problems especially in terms of usage rights that are discharged, the 

allocation is still limited to the obsolete concept that is still applied today, while the increasingly 

complex needs for the development of the suitability and more appropriate. This study 

formulates the extent to which the city of Makassar in reorganizing this concession as its 

purpose-built sustainably and sustainable future. This study uses empirical juridical and legal 

research supported by the results of observation. The results of this study describe the efforts 

undertaken by the government in this case BPN Makassar City seem less innovative so that 

the impact on potential obstacles of regional development and running haltingly. 

 

Keywords: stagnancy, landreform, hgu (cultivation rights) 

 

INTRODUCTION 

The land is the most important part for human natural resources, and therefore the 

land is also a source of life for human beings,1 in addition to being a dwelling land can also be 

used to find income from the yields grown from the land in other terms can be used as the 

economic value.2 The existence of the economic value of the soil so many occurrences of 

friction-friction arising from the land,3 whether for who is entitled to occupy the land in the sense 

of residence or for other activities. 

Land is no longer simply seen as an agrarian problem that has been identified as mere 

agriculture, but has developed both the benefits and its usefulness so that the increasingly 

complex negative impacts, even the land often cause shocks in the community and the 

spreading in the implementation of development, the country ideally immediately set precisely 

 
1 Djanggih, H., & Salle, S. (2017). Aspek Hukum Pengadaan Tanah bagi Pelaksanaan Pembangunan untuk 
Kepentingan Umum. Pandecta: Research Law Journal, 12(2). DOI: https://doi.org/10.15294/pandecta.v12i2.11677 
2 Syarief, E. (2012). Menuntaskan Sengketa Tanah Melalui Pengadilan Khusus Pertanahan. Kepustakaan Populer 
Gramedia. hal, 51 
3 Bahkan begitu besarnya nilai ekonomis tanah sehingga dapat menimbulkan konflik berkempanjangan seperti di 
Israel dalam memperebutkan lahan Palestina sejak Tahun 1948. lihat: Syarief, E. (2012). Menuntaskan Sengketa 
Tanah Melalui Pengadilan Khusus Pertanahan. Kepustakaan Populer Gramedia. hal,2 

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in order to overcome the problem of poverty, population unevenness, the geographical position 

of Indonesia, centralization of development, and the impact of abandoned land.4 

Human dependence is so great on the land, both for the needs of settlements and as 

a source of livelihood, while the stock of land is very limited both amount and extent fixed5 and 

not increase in all dimensions of human needs. The imbalance between the quantity and area 

of land available and the increasing need for use causes the land to have a very important 

meaning, so that 2 state intervention through its apparatus in the land law is an absolute. 

Unbalanced between the supply of land and the need for the soil, has caused many 

problems in many ways. Legal security in Indonesia contains pre-emtive elements as effort to 

prevent conflict,6 the statement indicates the existence of an effort with a legal certainty 

approach through this study presents the solution of the problem, also in overcoming the land 

problem, and supported by the statement that every human being would want the protection 

and guarantee of legal certainty.7 

Law No. 5/1960 on Agrarian Mainstream (UUPA) on the definition of state land is found in 

Government Regulation No. 8 of 1953 (L.N. 1953, No. 14, T.L.N. No. 362), and in the 

Government Regulation the state land is interpreted as land occupied full by country.8 The 

substance of this country's land notion is that the lands are indeed free of the inherent rights 

on the land, whether western rights or customary rights (vrij landsdomein). The issuance of 

UUPA which states the notion of State land is asserted not fully controlled but is a land which 

is directly controlled by the State then gives meaning that the country is constructed not as the 

land owner. 

The State as a people's power organization acting as the governing body, which is 

authorized in the following terms: 

1. Organize and maintain allotment, use, inventory and maintenance; 

2. Determine and regulate the rights that may belong to (part of) the earth, water and 

space; 

 
4 Rahmi, E. (2010). Eksistensi Hak Pengelolaan Atas Tanah (HPL) dan Realitas Pembangunan Indonesia. Jurnal 
Dinamika Hukum, 10(3), 339-348. 
5 Djanggih, H., & Salle, S. (2018). Aspek Hukum Pengadaan Tanah bagi Pelaksanaan Pembangunan untuk 
Kepentingan Umum. Pandecta: Research Law Journal, 12(2). 
6 Aswari, A., Pasamai, S., Qomar, N., & Abbas, I. (2017). Legal Security On Cellphone Trading Through Electronic 
Media In Indonesia. Jurnal Dinamika Hukum, 17(2), 181-187. 
7 Rahman, S., & Passamai, S. (2017). Regional Government Functions In Land Procurement For Development For 
Public Interest. ADRI International Journal Of Law and Social Science, 1(1), 10-17. 
8 Erwiningsih, W. (2009). Pelaksanaan Pengaturan Hak Menguasai Negara atas Tanah Menurut UUD 1945. Jurnal 
Hukum IUS QUIA IUSTUM, 16. 

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3. Determine and regulate the legal relationships between persons and legal acts 

concerning the earth, water, and space. 

The aim is to realize what is outlined in Article 33 Paragraph (3) of the 1945 

Constitution, that the earth, water, and natural resources contained therein, whose control is 

assigned to the State of the Republic of Indonesia shall be used for the greatest prosperity of 

the people, abandoned, meaning deliberately left in a state not utilized, because such things 

will harm the community and again hamper the development of the government continues to 

strive as the reality there are still many Right to Effort (HGU) is still temporary in Makassar and 

requires the concept of arrangement returns that suit the needs of the community to be more 

appropriate.  

UUPA Article 28 paragraph (1) states that the Right to Use Enterprises is the right to 

cultivate land directly controlled by the state within a certain period of time as set forth in Article 

29 for agricultural, fishery, or livestock enterprises. Based on this understanding, HGU is a right 

granted by the state to certain legal subjects with certain conditions also to manage and 

cultivate state lands with an orientation as already described in the LoGA. The right of the 

Indonesian nation in the control of the land actually has a common element that is civil and 

element of the task of authority is public.9 

The legal debate always arises when the HGU in Indonesia in which regulate 

agriculture, fishery and livestock ends, it is related to legal issues also arise socio-economic 

problems of people who depend on agriculture, fisheries and livestock, in addition to 

agriculture, fisheries, and animal husbandry in addition to being the centers of economic growth 

for the country is also a center of poverty for the community and high coefficient index figures. 

Poverty and social inequality that then make the root of land disputes happen everywhere. 

Land disputes will not occur if social justice requirements can be met by the state as mandated 

by Pancasila and the 1945 Constitution, or at least the existing social inequality narrows. 

Based on the above background, the study of "Stagnation of Land Use Arrangement 

Forms (Case Study of BPN Makassar)" formed a formulation of the problem which, if clearly 

according to the factors that determine the process of division of former land of HGU needs to 

be rearranged, then what is the extent of the rearrangement made by the BPN Kota Makassar 

in the designation and distribution of former HGU land? 

 
9 Unsur kepunyaan dalam pelaksanaanya bersifat abadi dan tidak memerlukan campur tangan kekuasaan public, 
namun unsur tugas kewenangan yang bersifat public dan tidak dapat dilaksanakan sendiri oleh masyarakat, oleh 
karena itu dalam pelaksanaannya diserahkan kepada negara sebagai organisasi tertinggi dalam kekuasaan. Lihat: 
Lakburlawal, M. A. (2016). Akses Keadilan Bagi Masyarakat Adat Dalam Penyelesaian Sengketa Tanah Ulayat Yang 
Diberikan Hak Guna Usaha. Jurnal Hukum Acara Perdata ADHAPER, 2(1), 59-75. 

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METHOD 

This research was conducted at the Office of the National Land Agency (BPN) of 

Makassar City with a legal research approach mix legal research that aims to describe the law 

in social context juridical plus the use of participatory observation techniques that also describe 

the method of observation in the HGU problem where researchers position themselves as 

participants others are being observed. This review sees the need for legal review of the re-

arrangement, designation and distribution of former rights of land to secure land tenure law, 

and it is practical to be able to provide an understanding of legal review of the re-arrangement, 

designation and distribution of ex- to the community as well as provide the concept of thinking 

to develop the re-arrangement of former HGU in addition to efforts that have been made so far 

for maximum utilization. 

ANALYSIS AND DISCUSSION  

Condition of Landreform and Distribution of Used Land HGU of Business in Makassar 

The extension of HGU regulated in Article 28 to Article 34 of the UUPA is further 

described in Government Regulation No. 40/1996 on Right of Use, Right to Use and Land Use 

Right hereinafter referred to as PP No. 40 Year 1996.10 Holders of HGU have the right to control 

and use the land they own to carry on business in agriculture, plantation and animal husbandry. 

In order to support the business, the HGU holders are entitled to control and use other natural 

resources located on the land, taking into account the prevailing provisions and interests of the 

surrounding community, which are held to meet the needs of modern society today.11 

The extension of HGU is a form of success in carrying out the optimal function of the 

right holder or the owner of the right of effort, this success is certainly a benchmark that HGU 

is a right that can functionally provide space for legal subjects to be able to jointly invest in the 

field agriculture, plantation, and animal husbandry. Thus, this is certainly a means and 

infrastructure in the effort of natural resources development and become a means of 

infrastructure support in the future. 

The reason why the Makassar City Cards permit the extension of the right to operate 

because it is considered to be able to improve the quality and quantity of production in running 

the business in a sustainable way. This is surely a form of restructuring and distribution of 

 
10 Mahadewi, A. A. I. D. (2013). Pengaturan Prosedur Pembatalan Sertipikat Hak Atas Tanah yang Merupakan Barang 
Milik Negara. Jurnal Magister Hukum Udayana (Udayana Master Law Journal), 2(3). 
11 Ginting, D. (2011). Reformasi hukum tanah dalam rangka perlindungan hak atas tanah perorangan dan penanam 
modal dalam bidang agrobisnis. Jurnal Hukum Ius Quia Iustum, 18(1), 63-82. 

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former land of HGU by Kantah Kota Makassar although in this case it has not been designated 

as former HGU because the extension is still done again. The period of twenty-five years may 

be a measure of the restructuring that is also carried out by the Makassar City Census as 

required by the applicable Laws, through the arrangements made by extending the tenure of 

the right, so that this policy certainly helps in the development of the source natural resources 

of Makassar City that exist in a maximum and sustainable, and reduce the potential for 

conflict.12 

The related transition of HGU shall be registered at the Makassar City Land Office if 

the transition is made through sale and purchase (except auction), exchange, participation in 

capital and grant, it must be done by the deed of the land deed, while the transfer of rights 

made through the sale and purchase by auction must be proven by auction report, but if the 

transfer of right to the business is due to inheritance, it must be proven by a will or inheritance 

certificate. Conflict in society often occurs because of legal inconsistency and also weak law 

enforcement. Weakening of the land administration system is the impact of various factors, 

including: (a) legal awareness of the community,13 (b) High administrative costs, (c) the passive 

authority to administer the administrative system. 

The transition of HGU is certainly a form of change to the rights or status of a right 

itself, this transfer is inseparable from the change of rights to land rights to make the land more 

manageable properly, but this is not as easy as turning the palm of the hand because this HGU 

is the right given by the government through the agency BPN Makassar City to be managed 

destined just for the agriculture and plantation. This is certainly not in accordance with the 

expectations for each holder of HGU so that sometimes the optimal form to be done re-

arrangement of land allocation and the former HGU land is considered less precise. Further 

efforts undertaken by BPN Makassar City that is changed to the right use of the building or the 

right of management because it can guarantee a right to land to make the land is not a land 

abandoned or land with no use or non-productive again, although the effort went smoothly but 

the right further management becomes ambiguous as happens in the Makassar City square 

 
12 Bandingkan dengan berbagai permasalahan Agraria Selama ini, Lihat: S. Syahyuti. Peran Strategis Departemen 
Pertanian Terhadap Reforma Agraria Di Indonesia Dalam Konteks Otonomi Daerah. Pusat Penelitian dan 
Pengembangan Sosial Ekonomi Pertanian. 
13 Urgensi legalitas formal kepemilikan tanah masih rendah oleh masyarakat, teori efektivitas hukum, lihat: Yudho, W., 
& Tjandrasari, H. (2017). Efektivitas Hukum Dalam Masyarakat. Jurnal Hukum & Pembangunan, 17(1), 57-63. 

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(Karebosi) under which there is a right to use the basement that has the potential to inhibit the 

continuity of various aspects of life to be sustainable.14 15 

Back to the issue of the transfer of rights, of course, talking about the rights of land in 

the Basic Law of Article 2 paragraph (2) letter (a) states that the regulation of the 

implementation and the use of real maintenance is also the right of the State, and the right of 

the State of course that right has been granted to legal entities as well as individuals is deemed 

capable and able to perform maintenance and designation of HGU in order to optimize the land 

so that formerly HGU land can still be rearranged by the transfer of rights itself, but it should 

be emphasized that as long as it does not cause things that can hinder the orientation of the 

arrangement / management back. 

The transfer of rights is deemed to be more prosperous for the land because with the 

transfer of rights to the land, it is certainly more open space in the re-allocation of land, it is of 

course more common to determine the former land of HGU can be done reordering, in the 

HGU we only often encounter that the land can only optimized by way of agriculture, fisheries 

and plantation. So many companies that when having this HGU has expired and also has been 

done extension then after that to be able to do the rearrangement is usually by the transfer of 

rights to the right to use the building and or management rights of course this is a new step in 

the arrangement and designation of land used HGU itself, for example as applied to Karebosi 

Link Kota Makassar. 

Each transition with this other right as in Makassar City must be re-registered at the 

local land office, so registration is intended as a form of strong proof. The transition of HGU in 

the framework of designation and distribution of former HGU able to guarantee the right of land 

is more optimal, so that it will no longer be able to find the previous land is the former HGU 

land into abandoned land, unusable land, and land dispute. Therefore, in order to guarantee 

the land can not function properly, the transfer of land rights is deemed able to answer the 

issue so that when the right of the land is transferred its right it can be rearranged one of them 

with the transfer of right to use the building so that it certainly can be done the establishment 

of the building, which in which the building will be able to guarantee the designation and re-

 
14 Rengki Irawan Putra Wahyudi, Penerapan Hak Guna Ruang bawah Tanah Sebagai lembaga baru Hak Atas Tanah 
Dalam perspektif Perkembangan Hukum Tanah Nasional Indonesia, (Tinjauan Yuridis Hak Atas Tanah – Ruang 
Bawah Tanah di Kawasan Karebosi Link di Kota Makassar), Tesis, Fakultas Hukum, Magister kenotariatan, 
Universitas Indonesia, 2012 
15 Qamar, N., Mustamin, H., & Aswari, A. (2017). Local Wisdom Culture of Bugis-Makassar in Legal Perspective. ADRI 
International Journal Of Law and Social Science, 1(1), 35-41. 

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arrangement of HGU which has been done in some places in Makassar City, as well as land 

management rights that occurred in Hertasning Square and Karebosi field during the day. 

CONCLUSION 

BPN Kota Makassar still has not applied new concept in doing HGU rearrangement, it 

is based on arrangement by using old concept that still considered more appropriate to fulfill 

requirement of society of Makassar city in short term. The former land of HGU needs to be 

carried out a more innovative arrangement and prevent stagnation which aims to minimize the 

neglect of land and / or land so that the land is expected to become an important part in the life 

of the community, therefore the restructuring of ex-right land is needed in addition to raising 

the level people's lives can also be an income for the state. The stagnation of government 

efforts has many adverse effects not only for the people but also for the state, since the land 

that should be able to function optimally even becomes something that can not be functioned 

is certainly bad because the land should be a valuable item and its function. Arrangement of 

the land should be able to be more optimal to create and grow the economic activities that exist 

in the vicinity, and the government through the authorized officials namely BPN Makassar City 

should be careful in responding and reviewing matters related to the reorganization of the 

designation and the distribution of the former land of the right to operate, so that the target is 

right to the public or public interest so that the function of the land becomes optimal. 

 

REFERENCE 

Aswari, A., Pasamai, S., Qamar, N., & Abbas, I. (2017). Legal Security On Cellphone Trading 

Through Electronic Media In Indonesia. Jurnal Dinamika Hukum, 17(2), 181-187. 

Djanggih, H., & Salle, S. (2018). Aspek Hukum Pengadaan Tanah bagi Pelaksanaan 

Pembangunan untuk Kepentingan Umum. Pandecta: Research Law Journal, 12(2). 

Erwiningsih, W. (2009). Pelaksanaan Pengaturan Hak Menguasai Negara atas Tanah Menurut 

UUD 1945. Jurnal Hukum IUS QUIA IUSTUM, 16. 

Ginting, D. (2011). Reformasi hukum tanah dalam rangka perlindungan hak atas tanah 

perorangan dan penanam modal dalam bidang agrobisnis. Jurnal Hukum Ius Quia 

Iustum, 18(1), 63-82. 

https://creativecommons.org/licenses/by-sa/4.0/


  

 

  Volume 1, Issue 1, March 2018 : 1 - 8 
                                                                                                 

 

Stagnancy of Land Use Arrangement Former Cultivation Rights…  

  | 8  
 

Lakburlawal, M. A. (2016). Akses Keadilan Bagi Masyarakat Adat Dalam Penyelesaian 

Sengketa Tanah Ulayat Yang Diberikan Hak Guna Usaha. Jurnal Hukum Acara Perdata 

ADHAPER, 2(1), 59-75. 

Mahadewi, A. A. I. D. (2013). Pengaturan Prosedur Pembatalan Sertipikat Hak Atas Tanah 

yang Merupakan Barang Milik Negara. Jurnal Magister Hukum Udayana (Udayana 

Master Law Journal), 2(3). 

Qamar, N., Mustamin, H., & Aswari, A. (2017). Local Wisdom Culture of Bugis-Makassar in 

Legal Perspective. ADRI International Journal Of Law and Social Science, 1(1), 35-41. 

Rahman, S., & Passamai, S. (2017). Regional Government Functions In Land Procurement 

For Development For Public Interest. ADRI International Journal Of Law and Social 

Science, 1(1), 10-17. 

Rahmi, E. (2010). Eksistensi Hak Pengelolaan Atas Tanah (HPL) dan Realitas Pembangunan 

Indonesia. Jurnal Dinamika Hukum, 10(3), 339-348.  

Rengki Irawan Putra Wahyudi, (2012) Penerapan Hak Guna Ruang bawah Tanah Sebagai 

lembaga baru Hak Atas Tanah Dalam perspektif Perkembangan Hukum Tanah Nasional 

Indonesia, (Tinjauan Yuridis Hak Atas Tanah – Ruang Bawah Tanah di Kawasan 

Karebosi Link di Kota Makassar), Tesis, Fakultas Hukum, Magister kenotariatan, 

Universitas Indonesia. 

S. Syahyuti. Peran Strategis Departemen Pertanian Terhadap Reforma Agraria Di Indonesia 

Dalam Konteks Otonomi Daerah. Pusat Penelitian dan Pengembangan Sosial Ekonomi 

Pertanian. 

Syarief, E. (2012). Menuntaskan Sengketa Tanah Melalui Pengadilan Khusus Pertanahan. 

Kepustakaan Populer Gramedia. 

Yudho, W., & Tjandrasari, H. (2017). Efektivitas Hukum Dalam Masyarakat. Jurnal Hukum & 

Pembangunan, 17(1), 57-63. 

 

 

 

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