Oleh Prihandoyo Kuswanto
BELUM selesai kasus perampasan tanah pribumi di Rempang dengan menggunakan tembakan gas air mata sehingga anak-anak sekolah menjadi korban karena tembakan gas air mata menyasar sekolah, sekarang beralih ke IKN.
Undang-undang ini mengatur mengenai Ibu Kota Nusantara (IKN) dan pelaksanaan pemerintahannya yang dilaksanakan oleh Otorita Ibu Kota Nusantara.
IKN memiliki visi sebagai kota dunia untuk semua yang dibangun dan dikelola dengan tujuan menjadi kota berkelanjutan di dunia, sebagai penggerak ekonomi Indonesia di masa depan, dan menjadi simbol identitas nasional yang merepresentasikan keberagaman bangsa Indonesia, berdasarkan Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945.
IKN berfungsi sebagai Ibu Kota Negara Kesatuan Republik Indonesia yang menjadi tempat penyelenggaraan kegiatan pemerintahan pusat, serta tempat kedudukan perwakilan negara asing dan perwakilan organisasi/ lembaga internasional.
Jika memang UU IKN itu dasarnya Pancasila dan UUD 1945, maka yang harus diacu jika itu agraria adalah UU Pokok Agraria No. 5 Tahun 1960.
Mengapa? Sebab UU. No 5 Tahun 1960 adalah pengejawantahan dari Pasal 33 UUD 1945.
Hak-hak tanah itu hanya diberikan pada warga negara Indonesia atau korporasi yang didirikan di Indonesia, bukan untuk orang asing. Untuk orang asing diberikann HGU (Hak Guna Usaha), HGB (Hak Guna Bangunan), yang sifatnya sementara atau paling lama 20 tahun.
Jadi pemberian hak pada asing hingga 190 tahun adalah tidak sah batal demi hukum karena bertentangan dengan UUD 1945 dan UU Pokok Agraria No. 5 Tahun 1960.
Penyelundupan hukum agraria pada UU IKN dan UU Investasi bertentangan dengan Pancasila dan UUD 1945 adalah bentuk penyelewengan hukum. Oleh karenanya, UU IKN tidak sah.
Undang-undang Pokok Agraria, secara resmi diberi nama UU No. 5 Tahun 1960 tentang Peraturan Dasar Pokok-pokok Agraria yang mengatur mengenai hak-hak atas tanah, air, dan udara.
Hal itu juga meliputi aturan dasar dan ketentuan penguasaan, pemilikan, penggunaan atau pemanfaatan sumber daya agraria nasional di Indonesia, pendaftaran tanah, ketentuan-ketentuan pidana dan ketentuan peralihan.
Lebih lanjut, UU No. 5 Tahun 1960 adalah penegasan bahwa penguasaan dan pemanfaatan atas tanah, air, dan udara harus dilakukan berdasarkan asas keadilan dan kemakmuran bagi pembangunan masyarakat yang adil dan makmur.
Hal tersebut sejalan dengan UUD 1945 Pasal 33 Ayat 3 yang berbunyi: “Bumi dan air dan kekayaan alam yang terkandung di dalamnya dikuasai oleh negara dan dipergunakan untuk sebesar-besar kemakmuran rakyat”.
Pasal 21 Undang-undang Pokok Agraria (Undang-undang No. 5 tahun 1960; Lembaran- Negara 1960 No. 104) menentukan bahwa hanya warga negara Indonesia yang berkewarganegaraan tunggal saja, yang pada azasnya dapat mempunyai hak milik atas tanah.
Jadi sudah jelas, hanya warga negara Indonesia saja yang mempunyai hak atas tanah, bukan asing. Jika ada Undang-undang yang membolehkan asing menguasai hak atas tanah jelas tidak sah dan bertentangan dengan konstitusi dan UU No. 5 Tahun 1960.
Kalau ada UU yang membolehkan asing menguasai hak atas tanah, apalagi sampai 190 tahun, jelas bertentangan dengan tugas negara “Melindungi segenap bangsa dan tanah tumpah darah Indonesia.
Apakah Negara Indonesia itu?
Negara, jang – begitoe boenjinja – negara jang melindoengi segenap bangsa Indonesia dan seloeroeh toempah darah Indonesia dengan berdasar persatoean, dengan mewoedjoedkan keadilan bagi seloeroeh rakjat Indonesia”.
Ini terkandoeng dalam pemboekaan.
Tadi soedah saja katakan, oleh karena itoe kita menolak bentoekan negara jang berdasar individualisme dan djoega kita menolak bentoekan negara sebagai klasse-staat, sebagai negara jang hanja mengoetamakan satoe klasses, satoe golongan, oempamanja sadja, negara menoeroet sistem sovjet, jang ada sekarang, ialah mengoetamakan klasse pekerdja, proletariaat, klasse pekerdja dan tani, – itoe jang dioetamakan, maka itoe poen kita tolak dengan menerimanja pemboekaan ini, sebab dalam pemboekaan ini kita menerima aliran, pengertian negara persatoean, negara jang melindoengi dan melipoeti segenap bangsa seloeroehnja. (Soepomo).
Apakah kita sadar dengan keadaan negara sekarang ini? Apakah kita masih berdebat lagi soal Presidential Threshold 20 %? Apakah tidak sebaiknya kita kembali ke UUD 1945 dengan sistem sendiri atau sistem MPR melalui demokrasi konsensus?
Apa kita akan terus berdebat dengan oligarki, sementara kita terus masuk dalam cengkeramannya tanpa bisa menyelesaikan persoalan bangsa ini?
Sadarlah hanya kembali kepada UUD 1945 dan Pancasila, maka bangsa ini akan selamat.
Prihandoyo Kuswanto, Ketua Pusat Study Kajian Rumah Pancasila.
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