KEABSAHAN IZIN PEMAKAIAN TANAH PASCA TERBITNYA SK.MENTERI NEGARA AGRARIA /KEPALA BADAN PERTANAHAN NASIONAL NOMOR 53/HPL/BPN/97 TENTANG PEMBERIAN HAK PENGELOLAAN KEPADA PEMERINTAH KOTA SURABAYA

Abstrak

The enactment of Law Number 5 of 1960 concerning Basic Agrarian Regulations was intended to ensure legal certainty in land ownership and to eliminate the dualism of land laws in Indonesia. However, in practice, various land-related problems continue to arise and often disadvantage members of the community. One of the issues occurs in Surabaya, particularly involving residents who hold green certificates whose land rights have been taken over by the Surabaya City Government. This situation emerged following the issuance of HPL 53/1997, where the Surabaya City Government did not properly implement the provisions stated in the decree. This research applies a normative juridical method using statutory and conceptual approaches to analyze the legal problems related to the implementation of HPL 53/1997. The findings show that the Surabaya City Government did not grant Building Use Rights (HGB) above the Management Right (HPL) as mandated in the second dictum of the decree. Instead, residents holding green certificates were required to pay Land Utilization Contribution (IPT), which contradicts the provisions of the decree. Such actions potentially lead to various legal consequences, including administrative sanctions against government officials, criminal liability related to abuse of authority under Article 3 of the Corruption Law, and civil liability in the form of unlawful acts. Moreover, the issuance and implementation of HPL 53/1997 also raise concerns regarding procedural accuracy, fairness, and the principle of social justice as embodied in the Fifth Principle of Pancasila.

Keywords: City Government, HPL 53/97 Decree, Second and Fifth Dictums, Dignified Justice