| dc.description.abstract | The issuance of Presidential Regulation Number 20 of 2015, dated 23 January 2015, resulted in the merger between the National Land Affairs Agency (BPN) and the Directorate General of Spatial Planning at the Ministry of Public Works and Public Housing so that BPN changed its name to the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency of the Republic of Indonesia. Consequently, each province, regency, and the city must make their respective Spatial and Regional Planning (RTRW) policy and create a zoning determination, including in the city of Medan. The implementation of the RTRW in Medan City is based on Regional Regulation Number 2 of 2015. In the trade and service zones, the community cannot obtain any property rights to their land, despite its use as a house to live in. For this reason, it is necessary to study and analyze (i) the legal basis for granting property rights to residential use based on the existing spatial planning in the city of Medan; (ii) the legal status of the implementation of the land use system in the existing spatial planning in the city of Medan when viewed from the principles of legal certainty and legal justice; and (iii) the legal impacts that arise on the land rights owners or the community who later come to the area due to the implementation of the land use system in the existing spatial planning in the city of Medan.
This research used a descriptive normative and empirical method. The data were collected using the library research method. The legal basis for granting property rights for residential use based on the existing spatial planning in the city of Medan is the 1945 Constitution, Pancasila, Basic Agrarian Law (UUPA), and other related regulations. The 1945 Constitution in Indonesia's hierarchy of laws and regulations occupies the highest position. Determination of zoning based on Regional Regulation Number 2 of 2015 must not conflict with Article 33 of the 1945 Constitution, UUPA, the fifth principle of Pancasila, legal provisions on human rights, and laws and regulations in the field of spatial planning. The granting of property rights to people who apply for property rights to residential use that the Medan City Land Office does not grant is a violation of Human Rights (HAM), in accordance with Article 28 D of the 1945 Constitution, i.e., every citizen shall have the right of recognition, guarantees, protection, and certainty before a just law, and of equal treatment before the law. The people as the holder of the highest sovereignty are entitled to property rights over their land status. So, what is appropriate and should be done by the Medan City Land Office concerning the issue of zoning is to give property rights to people who apply for the first registration of rights to land originating from the land, which the State directly controls, for residential use. The legal impacts that arise in the community due to the implementation of the land use system in the existing spatial
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planning in Medan, including the determination of zoning based on Regional Regulation Number 2 of 2015, brought various kinds of rejection from the public. First, the existence of a judicial review lawsuit against Regional Regulation Number 2 of 2015 filed by PT Agung Sarana Terminal (applicant) to the Medan City Government (the respondent) in decision Number 13P/HUM/2017, regarding the building permit (IMB) application, was rejected by the Medan City Spatial Planning and Building Management Department because it is located in a residential zone. Second, the impact that arises in the community is that the community cannot obtain ownership rights to the status of their land even though it is used as a place to live. These impacts lead to the creation of slum areas in Medan, social injustice for those who have to pay high property tax based on the zoning determination, and failure to achieve the objectives of spatial and regional planning, which aims to create an orderly, organized, humane, and well-organized space and area of the city of Medan.
A regulation from the Minister of Agrarian Affairs is needed to emphasize granting property rights to land rights for houses of Indonesian citizens based on land use, not entirely based on spatial planning. There should be a policy or a rule issued by the Medan City Government that distinguishes the basis for calculating Property Tax for residential houses and trade and business in the zoning determination area to create a sense of justice for the community. | en_US |
