Mahfud Md Says it Isn't Difficult to Investigate HGB of Sea Fences in Tangerang

TEMPO.CO, Jakarta - Constitutional law expert said it was not difficult to enforce the law regarding the right to build certificate (HGB) and land ownership certificate (SHM) in the sea area of Tangerang, Banten. He said that it was a violation of the law.

"It is not difficult to investigate," said Mahfud Md in a video aired on his YouTube Mahfud MD official, quoted Wednesday, January 22, 2025.

He mentioned that there is already important information in the HGB and SHM. That's where the prosecution can start. "There is an office, Mr. Nusron (Agrarian and Spatial Planning Minister) mentioned 263 earlier, which means the name is there, there is a number, there is an exact date, and there is a signature. Well, start from there," he said.

According to the former Chief of the Constitutional Court (MK), there is no need for a report for the case to be processed legally. This is because the issuance of HGB and SHM in the sea has occurred and violated the law, he added.

"This is not a complaint offense, even without a report (it can). For example, if you see someone burning a house, will you wait for a report, (even though) it is in front of your eyes? The police have to go down and investigate immediately," he said. 

If the issue is later determined as a civil matter, Mahfud said, it can be brought back to the public. For now, however, it still needs to be handled legally first. 

Tempo's report titled "Behind the Sea Barrier in Tangerang" revealed the right to build certificate (HGB) and land ownership certificate (SHM) issued by the Tangerang District Land Office in Kohod Village, Pakuhaji Subdistrict, Tangerang, Banten in 2023. The area reached 300 hectares.

Of the total HGB found, 234 fields belong to PT Intan Agung Makmur, and 20 fields are under PT Cahaya Inti Sentosa. Then there are 9 other fields registered to individuals. Then, 17 plots in the area have SHM.

Minister of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) Nusron Wahid also confirmed Tempo's findings. Nusron confirmed that the 30.16-kilometer in Tangerang has HGB and SHM.

"We confirm that certificates in the sea fence area, as appeared in many social media," he said, as quoted by Antara on Monday, January 20, 2025. Nusron said that if the coordination's result showed that the certificates were outside the coastline, an evaluation and review would be carried out.

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