KAJIAN YURIDIS TENTANG HAK GUNA BANGUNAN DI WILAYAH LAUT KABUPATEN SIDOARJO

Abstract

The improving performance of the Ministry of ATR/BPN has led to the discovery of several cases where the issuance of HGB certificates over the sea continues, as was found in the coastal area of ​​Sidoarjo Regency. According to the Bhumi ATR/BPN website, there are 258.15 hectares of sea area with NIB: 00182 and 219.31 hectares with NIB: 00005 owned by PT. Surya Inti Permata and PT. Semeru Cemerlang, covering an area of ​​152.36 hectares with NIB: 00030, is suspected of having held a Building Use Rights Certificate (HGB) since 1996.

The findings of HGB certificates over waters indicate that, legally, the sea has a different legal status from land. Therefore, the land rights regime applicable on land, including HGB, cannot be applied immediately to waters. This raises doubts about the legal validity of HGB certificates issued over waters, both in terms of compliance with laws and regulations, issuance procedures, and the legal status of the area.

This study uses a normative juridical research method with a statutory and conceptual approach, the two main approaches being the statutory approach (statutory approach) and the conceptual approach (conceptual approach).

The results of this study indicate that the validity of the issuance of HGB certificates on the Sidoarjo coast is INVALID and contrary to applicable law (onrechtmatig). Although administratively, the certificate was legally issued between 1996 and 1999, when the land was still claimed as a fishpond, the current factual situation indicates that the land has been converted into water due to abrasion.