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Asian Journal of Engineering, Social and Health

Volume 4, No. 1 January 2025

Volume 4, No. 1 January 2025 - (122-137)

ABSTRACT

The construction of the Nusantara State Capital at the Sepaku Semoi Dam site triggered a land dispute

due to a lawsuit filed by Prince Hario Adiningrat, who claimed to have rights over the land acquisition

object and felt aggrieved because he was not recognized as an entitled party to receive compensation.

This research aims to analyze the causes of the dispute and the resolution process. The research method

was pursued through litigation in the General Court by filing a lawsuit at the Penajam District Court, Case

Number 64/Pdt.G/2020/PN Pnj, and in the Administrative Court by filing a lawsuit at the Samarinda State

Administrative Court, Case Number 38/G/2021/PTUN.SMD. The implications of this research highlight the

importance of revisiting land acquisition regulations to ensure the protection of the rights of parties

potentially disadvantaged in strategic national development processes.

Keywords: Dispute Resolution, Land Acquisition, National Capital City.

INTRODUCTION

et al., 2024).

Related to the provisions of land control by the state, it needs to be linked to the provisions

of Article 33 paragraph (3) of the 1945 Constitution, which connotations controlled by state

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control does not mean that the land is absolutely owned entirely by state ownership, but the

meaning of state control over the land leads to the authority of the state as an organization of

power in regulating the use of land, The meaning of state control over land leads to the authority

represented by the Government organizes and carries out land registration activities (Arisaputra

et al., 2017). Then, the land that has previously been registered or registered will be given a title

or proof of rights to the land plot, namely a land certificate. The certificate becomes an authentic

means of proof of ownership of a land plot (Sanniawati et al., 2023).

The problem that then arises in connection with property rights to land is related to the

state's authority regarding the issue of land acquisition for the public interest. Land acquisition

becomes a strategic step taken by the Government when, in the implementation of

development, the Government really needs a plot of land intended for the public interest.

Recently, the Government has intensively pursued the relocation of the new state capital of the

archipelago. Referring to the draft IKN Law, it is stated that the Archipelago State Capital covers

(Fadli, 2024).

A land acquisition that is carried out does not escape problems such as compensation to

the entitled parties or affected communities (Akujuru & Ruddock, 2015). In Article 1 of the

Presidential Regulation of the Republic of Indonesia Number 36 of 2005 concerning Land

Acquisition for the Implementation of Development for the Public Interest, it is stated that land

acquisition is any activity to obtain land by compensating those who release or surrender land,

buildings, plants and objects related to land or by revoking land rights (Sinilele, 2017).

Compensation for land acquired in the form of lands that already have or are attached to a land

right can be in the form of money, replacement land, or resettlement.

In the process of implementing land acquisition, problems often arise; according to the

Hans Raynadhi, Muhammad Sofyan Pulungan

Volume 4, No. 2 February 2025

the Government. In addition, The land that will be built into a dam to provide clean water supply

for the capital city of the archipelago is also an object of dispute in connection with Prince Hario

Adiningrat of the Kingdom of Kutai Kartanegara who filed a legal dispute lawsuit at the Penajam

In the event that the land designated as the land of the National Capital of the Archipelago

that will be acquired by the Government becomes the object of a dispute with the existence of

the lawsuit, in the end, it raises legal issues in the form of a land acquisition dispute for the

acquisition of land for the State Capital of the Archipelago at the Sepaku Semoi dam construction

site between Prince Hario Adiningrat in this case as a plaintiff who claims his rights to the land

that is the object of the dispute through a lawsuit and the Government which runs its program

and determines the location of the Sepaku Semoi dam construction land for land acquisition in

the public interest (DIONISIUS REYNALDO TRIWIBOWO, 2024).

Based on the background above, the objectives of this research are to analyze the causes

of land disputes that arose in the construction of the Sepaku Semoi dam as part of the

policymakers, legal practitioners, and academics regarding the improvement of land acquisition

regulations and dispute resolution processes. It seeks to ensure a balance between the interests

of the state in achieving strategic national development goals and the protection of individual or

community rights over land. This research also serves as a reference for similar cases, offering

practical solutions and preventive measures to mitigate land disputes in future development

projects.

the construction of the Sepaku Semoi Dam, which is part of the development of the National

Capital City. The research used a qualitative research design, focusing on legal documents,

government decisions, and interviews with key stakeholders to understand the root causes and

dispute resolution mechanisms.

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Data was collected through in-depth interviews with various parties involved in the dispute,

including legal representatives of Prince Hario Adiningrat, government officials from the East

Kalimantan Provincial Government, and community members affected by the land acquisition.

structured to allow flexibility and encourage participants to discuss their views in detail. Legal

documents and case files from the Penajam District Court and Samarinda State Administrative

Court were also reviewed to supplement the interview data.

Data were analyzed using the content analysis method. Interviews were transcribed and

coded to identify recurring themes related to the causes of land disputes, the legal claims of the

parties involved, and dispute resolution mechanisms. Legal documents were examined for

compliance with the Basic Agrarian Law (UUPA) and other relevant laws and regulations. The

results of the analysis were used to assess the effectiveness of the land acquisition process and

propose improvements to prevent similar disputes from occurring in the future.

RESULT AND DISCUSSION

Causes of Land Acquisition Disputes of the Archipelago's Capital City that Became the Object

of Dispute at the Sepaku Semoi Dam Construction Site between Prince Hario Adiningrat and

the Government of Indonesia.

The land that is the object of the dispute, according to Prince Hario Adiningrat, is his land

with an area of approximately 8,667,600.000 M2 (Eight Billion Six Hundred Sixty-Seven Million

East Kalimantan Province which was determined by the Government through Law Number 3 of

2022 concerning the State Capital to be the location of the new State Capital, and specifically in

the land case which was later filed a lawsuit by Prince Hario Adiningrat, it only refers to his grant

land with an area of around 378 Ha with a length of 4.000 M and 945 M wide which was later

Hans Raynadhi, Muhammad Sofyan Pulungan

Volume 4, No. 2 February 2025

determined by the local Government of East Kalimantan Province to be the location for the

construction of the Sepaku Semoi dam which covers three villages namely Tengin Baru Village,

Argo Mulyo Village and Suko Mulyo Village which are all located in Sepaku District, North

density of the Tenggarong Islamic religious court No. 202/KKB-KKKN/1940 which was set in

Tenggarong on March 09, 1940. 202/KKB-KKKN/1940, which was established in Tenggarong on

March 09, 1940. The granting of the land grant has been stated in the decision of the Kutai

Kartanegara Sultanate Council in accordance with Letter Number 08/KKKN/1902, dated July 9,

1902. Based on the delegation of rights in the form of the grant, as of July 9, 1902, the granted

land is no longer under the ownership of the Kutai Kartanegara Sultanate but rather has been

transferred to the ownership or under the control of the late Adji Mohammad Parikesit as the

grantee who is the parent of Prince Hario Adiningrat. When referring to the provisions in the

UUPA, especially Article II paragraph (1) related to conversion provisions, it is stated that land

characterized by one of them being passed down from generation to generation, in this case, the

The land claimed by Prince Hario Adiningrat as the grant land of the sultan's grant fell into

the ownership of Prince Hario Adiningrat because of his status as a legitimate heir based on the

Certificate of Heirs. Therefore, the disputed land was obtained by descent from his parents so

that the land was believed by Prince Hario Adiningrat to have fully become his right, which did

not need to be re-registered if referring to the provisions in the Decree of the Regent of Kutai

Regency Number: HUK-816/C-4/AGR 080/1071 and had been registered in the State Gazette No.

104/1960 on September 24, 1960, and had also paid the Indonesian pounding tribute tax on

March 24, 1960. 104/1960, dated September 24, 1960, which has also been paid in full by the

Indonesian pounding tribute tax on March 24, 1960.

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Penajam Paser Utara Regency (PPU) issued by the East Kalimantan Provincial Government,

namely Governor Isran Noor.

Based on the results of interviews with Mr. Kamaruddin as the Attorney General of Prince

Prince Hario Adiningrat felt aggrieved by the executor of the land acquisition because he

was never registered by the executor of the land acquisition and was also not included in the

data as a party who was the legal owner of the original land and was also entitled to

compensation for the land acquisition that was held, therefore according to Prince Hario

Adiningrat that the actions of the implementing agencies of the IKN Nusantara land acquisition

for the construction of the Sepaku Semoi dam were included as unlawful acts and were contrary

to the rights and interests of Prince Hario Adiningrat so that he became disadvantaged and

considered violating the provisions of Article 1365 BW.

In essence, the dispute over land acquisition for the construction of the Sepaku Semoi dam

arose in relation to the issue of the budget for land acquisition, which, according to Prince Hario

oriented towards the fact that Prince Hario Adiningrat feels aggrieved because he is not listed

and registered as a party entitled to receive compensation payments for his sultan's grant land

which will be acquired by the Government for the construction of the Sepaku Semoi dam because

Prince Hario Adiningrat believes that he is more entitled to receive compensation for land

acquisition because he first has proof of legal ownership since 1902.

From the perspective of the defendants, in this case the implementers of the IKN Nusantara

land acquisition for the construction of the sepaku semoi dam, it is clearly not true that the

Government committed unlawful acts as alleged by Pangeran Hario because according to the

Government, the land to be acquired for the construction of the sepaku semoi dam is legally

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Volume 4, No. 2 February 2025

Related to the status of swapraja or former swapraja land, the provisions are regulated in

Dictum IV letter a of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles

(UUPA) that, the rights and authorities over land and water from Swapraja or former swapraja

the land automatically becomes state land (Heridah & Kasim, 2022).

So the point is that the land rights mentioned in Article II paragraph (1) of the UUPA

Conversion provisions, one of which is indeed a sultan's grant, must still be confirmed by the

conversion and must also be registered with reference to the provisions of Government

Regulation Number 24 of 1997 concerning Land Registration, which includes 1) Measurement,

mapping and bookkeeping of land, 2) Registration of land rights and transfer of rights, 3)

Provision of evidence letters, which apply as strong evidence (Sagala & Nasution, 2019). Based

on the second formal juridical requirement, namely the registration of land rights, the sultan's

grant land can be considered to be recognized as one of the rights bases to be converted into

land rights, including property rights (HM), business use rights (HGU) or building use rights (HGB)

of the Penajam Paser Utara District Land Office and as a member of the IKN Nusantara Land

Acquisition Executive (P2T) for the construction of the Sepaku Semoi dam on Thursday,

December 29, 2022, that the land claimed to be owned by prince Hario also turns out to be

unclear in its location and position which tends to be one-sided speculation from prince Hario

alone because when the initial physical and juridical data collection was carried out by the North

Penajam Paser District Land Office assisted by the heads of Tengin Baru Village, Argo Mulyo

Village and Suko Mulyo Village, all of which are in Sepaku District, PPU Regency. PPU, which was

then also verified by Task Force A and Task Force B at the implementation stage of the Sepaku

Semoi dam land acquisition until the announcement was made in accordance with the land

acquisition regulations, it turned out that there was no presence and objection claims from prince

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In principle, the land to be acquired for the construction of the sepaku semi dam, based

on data from the land office of Penajam Paser Utara district, legally already has a right base in

terms of control and ownership of land by the community and there are no ownership disputes

this is considered to be rather far-fetched because if it is true that Prince Hario claims that the

land that is the object of this dispute really belongs to him and can prove the legal and authentic

ownership of the land to be acquired, then why does Prince Hario only ask for compensation of

35% and not all of it. If it is true that the land that is the object of the dispute belongs to Prince

Hario, the amount of compensation requested should certainly be all of it and not just some of

it, assuming that it is true that the land is the right of Prince Hario, so that doubts arise about the

title presented by Prince Hario as the basis for claiming the land that is the object of the dispute.

From the subject of the dispute, it can be seen that Prince Hario as the Plaintiff, bases his

claim to ownership of the land to be acquired for the construction of the sepaku semoi dam on

people who are validly registered as holders of land rights and are proven by the existence of

valid land rights according to applicable law (Number, 5 C.E.).

Based on the provisions of the UUPA, the land rights mentioned in the provisions of Article

II paragraph (1) of the conversion provisions of the UUPA, which also includes one of them is the

land grant or grant sultan, must be confirmed by the land owner and must also be registered in

accordance with the provisions stipulated in the PP on land registration (Arba et al., 2021).

However, based on the Decree of the Regent of Kutai Regency Number: HUK-816/C-4/AGR

080/1071, the opposite is stipulated, that the sultan's grant land, which in this case is the object

of the dispute, falls to prince Hario Adiningrat as the heir (AW) based on the heir's certificate so

that the land becomes the full right of prince Hario obtained from his parents for generations

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Volume 4, No. 2 February 2025

becomes a big question is how the decision issued by the local Government can deviate from the

provisions of laws and regulations that are hierarchically far above, namely the Basic Agrarian

Law. In fact, the existence of the principle of legislation, such as the adage Lex superior derogate

The emergence of the Nusantara National Capital land acquisition dispute which became

the object of the dispute at the Sepaku Semoi dam construction site was marked by the filing of

a civil lawsuit by Pangeran Hario Adiningrat to the Penajam District Court for alleged unlawful

acts (PMH) by the Government, in this case the implementers of the Nusantara National Capital

land acquisition for the construction of the Sepaku Semoi dam.

This dispute is actually not appropriate if a lawsuit is filed through the general Court

because the authority or absolute competence related to land from the general Court is when,

in the process of making a land ownership letter or land certificate, there are indications of

violations of applicable legal provisions, legal provisions that bind the parties themselves, so that

construction of the sepaku semi dam was fully compliant and based on applicable legal

provisions, moreover Prince Hario as the Plaintiff did not even mention in his lawsuit regarding

violations of what legal provisions were committed by the Government implementing land

acquisition. Especially related to the posita in the lawsuit, which clearly emphasizes the issuance

of the Penlok Decree on land acquisition for the construction of the Sepaku Semoi dam issued by

the Governor of East Kalimantan should be the main thing considered in proposing dispute

resolution through litigation, which is included in the absolute competence of the PTUN.

Although it is true that land disputes are civil disputes that occur between two parties,

namely the Plaintiff and the Defendant who are in dispute, and anyone who feels that their

personal rights have been violated by another person, in the case of wanting to resolve the

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Volume 4, No. 1 January 2025

beroperasi

Sanniawati, S., Muhjad, M. H., & Yusran, A. (2023). Implications of Ownership Certificates that

Overlap with Business Use Rights Certificates. International Journal of Social Science and

Human Research, 6(08), 4721–4731.

Sinilele, A. (2017). Tinjauan Yuridis terhadap Pelaksanaan Pengadaan Tanah bagi Pembangunan

untuk Kepentingan Umum di Kota Makassar. Jurnal Al-Qadau: Peradilan Dan Hukum

Keluarga Islam, 4(1), 1–24.

Zhang, M., Tan, S., Chen, E., & Li, J. (2024). Spatio-temporal characteristics and influencing factors

of land disputes in China: Do socio-economic factors matter? Ecological Indicators, 160,

111938. https://doi.org/https://doi.org/10.1016/j.ecolind.2024.111938