Status and Control of Land by TNI for Defense Purposes

Abstract

: Land tenure for national defense functions by the TNI is a mandate of legislation to secure and maintain the land used physically, administratively, and juridically. Land for the function of national defense is a basic thing needed by a country in exercising its sovereignty, although in reality the status in its control and management often experiences problems that are not resolved. Based on the recapitulation of the Ministry of Defense's land data, there are 337,331 hectares owned by the Ministry of Defense and all organizational units of the TNI Headquarters, and of the total area, around 27,010 hectares have not been certified, while 201,014 hectares of land are still experiencing ownership status problems and have the potential to cause agrarian conflicts and cases with the community and business entities claiming to be the owners of land tenure that functions as defense land. This can occur because the evidence owned by the TNI as the basis for control is not recognized by the authorized official as valid evidence, resulting in differences in perceptions of ownership recognition between the ATR / BPN ministry and the Ministry of Defense. The different systems in recognizing the status of the land resulted in the State Property assets causing ambiguity about the status in its control and management, this caused uncertainty, uselessness, and injustice in law. To answer these problems, the author uses research methods, as for what is used is doctrinal legal research (Doctrinal research). The results of the study that the old evidence of TNI ownership obtained during the Dutch or Japanese military aggression does not mean removing the status of TNI control and management even though it has not been registered with the defense office to be certified. The Basic Agrarian Law does not specifically regulate TNI lands obtained historically for the benefit of national defense, but that does not mean eliminating the status of the land as land for the benefit of national defense, so it is necessary to establish special rules or regulations and apply the use of the Lex Specialist Systematic principle in civil law to regulate interests related to national defense in defense regulations, and treasury regulations, as well as Land regulations.