Reflecting on the role of BPN in protecting land ownership rights holders above HPL in Batam City

Abstract

The HPL management policy in Batam City in its development shows that there is a dualism in the concept of ownership rights to land above HPL that occurs in Batam City. This can be seen from the existence of the Batam Industrial Management Agency mechanism which can grant ownership rights to parties who buy land on land. HPL in Batam City, as a result of this, the owner of the land ownership rights above the HPL does not fully own the land he has purchased, because the HPL still applies to his land. BPN, which is the party that is supposed to take action against buyers of land above the HPL so that they do not suffer losses, still seems passive. The type of legal research used is non-doctrinal. In this non-doctrinal legal research, law is conceptualized sociologically as an empirical phenomenon that can be observed in life. Based on the study carried out, it can be found that the National Land Agency has not been able to provide complete information and counseling to prospective land buyers or the public regarding the lack of legal certainty regarding the status of land ownership on HPL land, this has resulted in the majority of people buying land above HPL which owned by BP, this situation clearly results in legal uncertainty for the protection of land ownership rights for buyers considering that there are no strict regulations regarding land ownership rights on BP's HPL in Batam City. The solution that can be implemented is that there needs to be confirmation regarding the absence of changing HPL into ownership rights over land above BP's HPL, it is necessary to regulate restrictions on BP's authority in terms of issuing decisions on the transfer of HPL to ownership rights over HPL land, and there needs to be data collection again regarding land that was previously there. BP's HPL has previously been occupied and used by the community.