NTB Provincial Government Responds to Foreign Nationals' Control of Islands

 The West Nusa Tenggara Provincial Government responded to the issue of a number of small islands in the local area controlled by foreign nationals as conveyed by the Minister of ATR/BPN Nusron Wahid in a working meeting with Commission II of the Indonesian House of RepresentativesThe Head of the NTB Maritime Affairs and Fisheries Service (DKP), Muslim, emphasized that he knew nothing about the alleged control of the islands by foreign nationals. This is because the issue of the status of small islands is not the authority of the provincial government (Pemprov), but rather the authority of the National Land Agency (BPN) as the agency that issues the certificates."The BPN understands better, because they are the ones who issue the certificates," said Muslim, in Mataram, Wednesday.However, Muslim said that private ownership of land on small islands is indeed permitted by law, but must still be subject to the provisions in force in the national land system."In the context of the province, personal ownership of land on islands is permitted. But when it starts to be traded for business activities, its status changes to Right to Cultivate (HGU)," said Muslim.Therefore, according to Muslim again, spatial planning for small islands in Indonesia is under the authority of the district/city, not the province or center. This is in accordance with the mechanism of the Regional Spatial Planning (RTRW) at the regional level, namely the district/city."Management of small islands is included in the district RTRW, not the province or center. For Foreign Investment (PMA), the permit is at the center on the recommendation of the regent, while for Domestic Investment (PMDN), the permit is through the district OSS," said Muslim again."So the province has no authority, because based on Permendagri 76 of 2012 which was updated by Permendagri 141 of 2017 concerning Territorial Boundaries, it is the authority of the district," he said again.Furthermore, Muslim detailed the island land utilization scheme based on applicable regulations, including management restrictions for owners or investors."In the utilization of small islands, for example, if A has land on the island, then 30 percent remains controlled by the state. The remaining 70 percent can be managed by corporations, with 40 percent for business activities, and 30 percent for green open space (RTH)," he said.When asked about the legality of the practice of buying and selling or controlling island land, Muslim reminded that land certification does not automatically mean that it can be traded freely."Wallahu a'lam, I don't know, please confirm directly with the BPN. For example, Gili Nanggu, all AMDAL permits are complete. If supervision is weak, then the central government's representation in the regions should be strengthened or taken over," said Muslim.Muslim also emphasized the importance of the supervision role of the BPN and central agencies, especially to maintain the legal aspects of spatial utilization."I have data per district, for example in West Lombok there are several certificates. But it is better to go directly to the district BPN for details," he also said.Previously, the Minister of Agrarian Affairs and Spatial Planning (ATR)/Head of the National Land Agency (BPN) Nusron Wahid revealed that there were islands in the NTB and Bali regions suspected of being controlled by foreign nationals.He admitted that he would check the legal standing of the ownership of the islands."The sale of small islands to certain foreign parties or foreign nationals. There have been several incidents, I don't know how the process is yet, suddenly the point is what the legal standing is like we will check, suddenly the land or the island is controlled by several foreigners. There are some in Bali and in NTB," said Nusron in a meeting with Commission II of the Indonesian House of Representatives, Jakarta, Tuesday (1/7).Nusron said that houses and resorts were built on the islands in the names of foreign nationals. However, he did not explain in detail the islands in question."Whether it is still legally owned by Indonesian citizens, but they signed a contract with the person concerned or what, we don't know yet. But to the naked eye, the island is being built with houses, a resort is being built in the name of a foreigner," he also said.