Legal Status of Management Rights

Oct 13, 2025 by recoveryshake.com 29 views

Juridical Analysis of Release of Business Rights Area PT. Perkebunan Nusantara II (PTPN II) to PT. Medan Industrial Estate (PT. KIM)

Introduction

In the realm of business and investment, the release of business rights area is a crucial process that can have a significant impact on the development of industrial estates. PT Kawasan Industri Medan (PT KIM), a State-Owned Enterprise (BUMN), has been committed to managing industrial estates and developing land to build industrial clusters related to the Economic Corridor. However, the process of releasing the area of business rights has been marred by various problems, including those faced by PT KIM related to the release of the rental area of PT Perkebunan Nusantara II (PTPN II). This article aims to provide a juridical analysis of the release of business rights area PT. PTPN II to PT. KIM, highlighting the legal issues that arise from the implementation of this business use rights.

Background

PT KIM is a BUMN that focuses on managing industrial estates, with a commitment to developing land to build industrial clusters related to the Economic Corridor. In the process of releasing the area of business rights, PT KIM has faced various problems, including those related to the release of the rental area of PTPN II. The release of the rental area is a critical process that requires careful consideration of the legal status of the land, the process of releasing the rental area, and the settlement of agricultural land disputes within the PTPN II rental area.

Legal Status of Management Rights

The legal status of management rights number 1, 2, and 3 owned by PT KIM is still valid, as there is no revocation of the management rights certificate by the National Land Agency, and there is no court decision that states that the right has been revoked. This is in accordance with the Decree of the Minister of Finance No. 89/KMK.013/1991 concerning Guidelines for Submitting Ownership of Fixed Assets of BUMN.

Process of Releasing the Rental Area

The release of the rental area with a rental certificate No. 10 is in accordance with the Decree of the Minister of Finance No. 89/KMK.013/1991. The rental certificate No. 10 has been issued for more than five years, and the status of the release of the land is not in dispute. However, Tugimin and his colleagues did not submit complaints in writing to the certificate holder or to the Head of the Land Office, or file a lawsuit to the court regarding land ownership and the issuance of the Lease Certificate No. 10 issued on June 19, 1994.

Settlement of Agricultural Land Disputes

The settlement of agricultural land disputes within the PTPN II rental area that has been submitted to PT KIM is carried out through mediation. This approach is necessary to provide comprehensive protection to all parties involved. However, the role of the central government and regional governments is also very important and needs to be improved in handling this agricultural land dispute so that the industrial process can run smoothly and contribute positively to the country's economy.

Recommendations

Based on this analysis, it is recommended that the Directors of PTPN II check carefully the rental area to be released to PT KIM, ensuring that the land is free from cultivators. The settlement of existing agricultural land disputes needs to be done with a specific approach to provide comprehensive protection. On the other hand, the role of the central government and regional governments is also very important and needs to be improved in handling this agricultural land dispute so that the industrial process can run smoothly and contribute positively to the country's economy.

Conclusion

In conclusion, the release of business rights area PT. PTPN II to PT. KIM is a complex process that requires careful consideration of the legal status of the land, the process of releasing the rental area, and the settlement of agricultural land disputes. This analysis highlights the importance of understanding and solving these issues in depth to attract investors to invest in the industrial area and support overall economic growth.

Future Directions

Future research should focus on the role of the central government and regional governments in handling agricultural land disputes, as well as the development of a specific approach to provide comprehensive protection to all parties involved. Additionally, research should be conducted on the impact of the release of business rights area on the development of industrial estates and the overall economy.

Limitations

This study has several limitations, including the lack of data on the impact of the release of business rights area on the development of industrial estates and the overall economy. Additionally, the study only focuses on the legal issues related to the release of business rights area and does not consider other factors that may affect the development of industrial estates.

References

Decree of the Minister of Finance No. 89/KMK.013/1991 concerning Guidelines for Submitting Ownership of Fixed Assets of BUMN
Government Regulation No. 24/1997 concerning Land Registration
Tugimin and his colleagues (1994) Lease Certificate No. 10 issued on June 19, 1994.
Q&A: Juridical Analysis of Release of Business Rights Area PT. Perkebunan Nusantara II (PTPN II) to PT. Medan Industrial Estate (PT. KIM)

Q: What is the purpose of this article?

A: The purpose of this article is to provide a juridical analysis of the release of business rights area PT. PTPN II to PT. KIM, highlighting the legal issues that arise from the implementation of this business use rights.

Q: What are the main issues related to the release of business rights area?

A: The main issues related to the release of business rights area include the legal status of management rights number 1, 2, and 3 owned by PT KIM, the process of releasing the rental area by PTPN II, and the settlement of agricultural land disputes within the PTPN II rental area.

Q: What is the current legal status of management rights number 1, 2, and 3 owned by PT KIM?

A: The current legal status of management rights number 1, 2, and 3 owned by PT KIM is still valid, as there is no revocation of the management rights certificate by the National Land Agency, and there is no court decision that states that the right has been revoked.

Q: What is the process of releasing the rental area by PTPN II?

A: The process of releasing the rental area by PTPN II is in accordance with the Decree of the Minister of Finance No. 89/KMK.013/1991 concerning Guidelines for Submitting Ownership of Fixed Assets of BUMN. The rental certificate No. 10 has been issued for more than five years, and the status of the release of the land is not in dispute.

Q: How are agricultural land disputes within the PTPN II rental area settled?

A: Agricultural land disputes within the PTPN II rental area are settled through mediation. This approach is necessary to provide comprehensive protection to all parties involved.

Q: What is the role of the central government and regional governments in handling agricultural land disputes?

A: The role of the central government and regional governments is very important and needs to be improved in handling agricultural land disputes so that the industrial process can run smoothly and contribute positively to the country's economy.

Q: What are the recommendations for the Directors of PTPN II?

A: The Directors of PTPN II are recommended to check carefully the rental area to be released to PT KIM, ensuring that the land is free from cultivators. The settlement of existing agricultural land disputes needs to be done with a specific approach to provide comprehensive protection.

Q: What are the future directions for research on this topic?

A: Future research should focus on the role of the central government and regional governments in handling agricultural land disputes, as well as the development of a specific approach to provide comprehensive protection to all parties involved.

Q: What are the limitations of this study?

A: This study has several limitations, including the lack of data on the impact of the release of business rights area on the development of industrial estates and the overall economy. Additionally, the study only focuses on the legal issues related to the release of business rights area and does not consider other factors that may affect the development of industrial estates.

Q: What are the implications of this study for policymakers and stakeholders?

A: The implications of this study for policymakers and stakeholders are that they need to consider the legal issues related to the release of business rights area and the settlement of agricultural land disputes when making decisions related to the development of industrial estates.