BISNISTIME.COM, TARAKAN – Land disputes remain a frequent issue in Tarakan, North Kalimantan (Kaltara). Conflicting claims among disputing parties are often unavoidable, as seen in the recent alleged land dispute involving 4.8 hectares in Jalan Swaran, RT 12, Karang Harapan, West Tarakan, on Friday January 03 2025.
Santung, who has claimed ownership of the land for 41 years, was shocked to find the land declared under someone else’s ownership. According to Asri (39), a family member of Santung, the land—their primary source of livelihood—is now claimed by another party based on official certification.
Asri suspects administrative irregularities involving local officials and the National Land Agency (BPN) of Tarakan. He detailed the history of their land usage and the anomalies that led to the issuance of a certificate to another party.
A Timeline of Discrepancies In 1983, Santung and his group began cultivating the land for farming and livestock. Crops like corn, beans, scallions, and livestock provided sustenance for the family. In 2000, Santung sought legal recognition for the land by obtaining a Statement of Land Ownership (SPPT) issued by Karang Harapan Village. This document was signed by several officials, including the village head Said Abdullah, RT 12’s chairman Nurjanah, and Santung himself.
In 2018, BPN Tarakan issued a Land Parcel Map (PBT) for Santung’s family, along with 11 Parcel Identification Numbers (NIBs). However, BPN Tarakan did not issue the Land Ownership Certificate (SHM), citing “a full quota” as the reason.
In 2020 and 2024, Santung’s hopes of obtaining the SHM were dashed when BPN rejected their application, claiming the land had already been certified under the name Yesar Tinus. “We were shocked to learn that our land was certified in someone else’s name,” Asri said.
Asri’s investigation revealed that the PBT for Santung’s family had been issued earlier than Yesar Tinus’ PBT. Despite this, BPN issued PBTs and SHMs for the opposing party, leading to overlapping claims. According to Asri, the BPN’s Survey Division acknowledged repeated errors in measurement, further exacerbating the dispute.
Conflicting Statements and Evidence In a statement made in 2022, RT 12 Chairman Budi Hadi declared that he never signed any documents for Yesar Tinus’ PBT application in RT 12, asserting that the land claimed by Yesar Tinus belonged to Santung. “As RT 12 Chairman, I know that the land parcels in question belong to Santung,” Asri quoted Budi Hadi.
Meanwhile, RT 16’s chairman admitted to signing documents for Yesar Tinus without conducting a site verification. “I signed the papers, but I never visited the site,” Asri recounted.
Adding to the confusion, Asri found that Yesar Tinus’ Land Use Permit (SIMTN), issued in 2012, postdated Santung’s SPPT from 2000. Frustrated by the mounting irregularities, Santung’s family sought legal and mediatory resolutions, filing complaints with the Tarakan Police, Tarakan Prosecutor’s Office, Ombudsman, and local government. BPN has temporarily blocked Yesar Tinus’ certificate.
Yesar Tinus Responds Yesar Tinus denies allegations of land grabbing, stating that his involvement was limited to assisting in documentation based on existing markers. According to him, the land originally belonged to Cita, a relative of Santung, who sold it to Edi Supianti, also known as Apiau.
“The certificate was issued after PTSL measurements,” Yesar Tinus explained, adding that the land had been measured manually by BPN before.
Next Steps With the issue unresolved, Santung’s family insists that BPN must take responsibility if errors occurred due to their negligence. “Any administratively flawed certificates should be nullified,” Asri stated firmly.
Efforts to obtain clarification from the Agrarian and Spatial Planning/National Land Agency (ATR/BPN) Tarakan were delayed due to end-of-year holidays. ATR/BPN officials are expected to resume work in early January to address this complex case. (Reporter: Nasruddin/Djaddie)
