IMPLEMENTASI KEBIJAKAN PENETAPAN BATAS MAKSIMUM PENGUASAAN PULAU OLEH PIHAK ASING DI PULAU-PULAU KECIL. (STUDI DI PULAU GILI NANGGU, KABUPATEN LOMBOK BARAT, PROVINSI NUSA TENGGARA BARAT)

INTAN SALSABIL DHYA, 20293353 (2024) IMPLEMENTASI KEBIJAKAN PENETAPAN BATAS MAKSIMUM PENGUASAAN PULAU OLEH PIHAK ASING DI PULAU-PULAU KECIL. (STUDI DI PULAU GILI NANGGU, KABUPATEN LOMBOK BARAT, PROVINSI NUSA TENGGARA BARAT). Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

Based on the 2023 Monitoring and Control of Coastal Areas and Small Islands report, it is explained that there are several crucial issues related to small islands, especially regarding the control of islands by foreign and private parties which is contrary to the provisions of laws and regulations. One prominent case is the control of Gili Nanggu Island, West Nusa Tenggara (NTB), which is indicated to have violated the maximum island control limit. This research aims to: (1). Knowing the causes of ineffective implementation of ATR/BPN Ministerial Regulation No. 17 of 2016 regarding the policy of determining the maximum limit for land control by foreign parties on Gili Nanggu Island in terms of the substance of the regulations. (2). Formulate efforts that can be made in the substance of policy regulations for determining maximum limits on control of land by foreign parties in ATR/BPN Ministerial Regulation No. 17 of 2016. Based on the research that has been carried out, the research results are: (1) There are indications that island control exceeds the maximum limit which covers ± 80% of the island area where there are 2 (two) Building Use Rights in the name of PT Istana Raya Cempaka; (2) Rights holders must adjust the area of land rights they control by releasing part of their land which is not currently utilized for green open space or public facilities and social facilities. Meanwhile, HGB No. 21, which is still in the form of trees and bushes without any buildings, has not been used since the HGB was granted from 1994 until now. If these recommendations are not implemented then the HGB can be recommended as land indicated as abandoned, as stipulated in Article 5 of Government Regulation Number 20 of 2012 concerning Controlling Abandoned Areas and Land; (3) Efforts that can be made regarding the nonimplementation of the policy of determining the maximum limit of island control by foreign parties on Gili Nanggu Island are that it is necessary to revise and refine the substance of the regulations to clarify the definition and provisions regarding the "maximum limit" of island control by foreign parties. Keywords : Island Control, Maximum Limit, Small Islands, Foreign Parties, Building Use Rights (HGB).

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