Indonesia is a country consisting of thousands of islands. However, the latest report from the National Research and Innovation Agency (BRIN) reveals a shocking fact. More than 200 islands in Indonesia have been sold to various parties.
Athiqah Nur Alami, the head of BRIN’s Political Research Center, confirmed that more than 200 islands had been privatized and sold by 2023. She obtained this data from reputable non-profit organizations.
“The 200 islands are mostly in DKI Jakarta and North Maluku,” she said in Jakarta on Monday, 15 July 2024, as reported by Antara.
Athiqah said there were other negative impacts, not only the buying and selling of small islands but also the negative effects of extractive industries on several small islands in Indonesia.
These extractive industries, which include mining, oil and gas exploration, and large-scale fishing, are not only detrimental to the environment but also to the livelihoods of small island and coastal communities in Indonesia.
One of the things that causes polemics in society regarding the issue of buying and selling islands is that this is considered selling state sovereignty.
Indonesian law does not allow for the legal buying and selling of islands, so the report that more than 200 islands in Indonesia have been sold is a bigger problem.
Law No. 27/2007 on the Management of Coastal Areas and Small Islands states that a small island is an island with an area smaller than or equal to 2,000 km2 and its ecosystem unit.
The ecosystem unit of a small island includes beaches, tidal flats, coral reefs, mangroves, seagrasses, and the surrounding waters, which are impossible to grant rights to and which can be traded.
In other cases, it is common to buy and sell plots of land on small islands, as is commonly the case on the mainland of large islands. However, it should be understood that Land Rights (Hak Milik/Hak Guna Bangunan certificates) do not constitute sovereignty.
In addition, Law No. 5 of 1960 on Basic Agrarian Regulations states that foreigners cannot obtain property rights to land in Indonesia; this certainly includes land on small islands.
If foreigners utilize the land, the Cultivation Rights Title (HGU) and Building Rights Title (HGB) can only be granted to legal entities established under Indonesian law and domiciled in Indonesia.
