Application for Change of Land Rights

In 1963 to 1965, the Pakel community submitted an application for a change of land rights and an application for ownership rights based on the 1929 Deed issued by the Dutch East Indies Colonial Government. However, the government did not respond. The letter contained a request for land registration to increase community production and reminded that this land is our right, which was addressed to Basuki-Syutyo Haseibu as the Head of the Banyuwangi Regency at that time.

The issuance of HGU by BPN Banyuwangi in the name of PT Bumi Sari deprives the rights of the community, especially the right to independently manage and manage their village area, and is contrary to the obligations of the Constitution of the Republic of Indonesia. Article 28 in its entirety and Article 33(3). Because, the HGU problem lies in the severity of poverty in the region which results in many residents not owning land. Thus, the issuance of HGU violates the rights of the community and prolongs the agrarian dispute.

According to UUPA 60, the HGU of PT Bumi Sari must be fundamentally evaluated and immediately accelerate the process of returning the enclave to the state, as well as accelerating the process of returning it to the residents through Pakel Village. The rationale comes from the explanation of Article 11 paragraphs (1) and (2) of UUPA 60 which generally states that in land management, excessive control is not allowed, especially to the point of causing inequality. This article emphasizes that land management must not conflict with national interests, especially in efforts to protect economically vulnerable communities.