Keabsahan Instruksi Wakil Kepala Daerah Istimewa Yogyakarta No. K.898/I/A/1975 Mengenai Pelepasan Hak Milik Atas Tanah Bagi Warga Negara Indonesia Keturunan

This thesis is intended to analyse Regional Head’s Deputy Decree of Yogyakarta No. K.898/I/A/1975 concerning releasing rights to land by non-native Indonesians. This study is encouraged by the fact that there has been conflict of norm between central and local regulations, specifically between Basic Agrarian Law Number 5 of 1960 and the Decree issued by the Deputy of Regional Head of Yogyakarta, where there is no more difference in citizenship status to obtain rights to land. This research is based on normative juridical method that employed case, comparative, statute, and historical approaches. The data studied involved primary and secondary materials obtained from library research and the Internet, specifically from PDIH and all the materials retrieved online were considered reliable. In this thesis, the author found that the decree concerning releasing the rights to land by non-native Indonesians was triggered by apprehensiveness that the native Indonesians were potential to lose access to lands. This study looks into how this ban was initially regulated from several perspectives, one of which is normative perspective, which found that ban for non-native Indonesian on land ownership has been in place since colonial time. In terms of philosophical perspective, Yogyakarta is not a big region and it has definitely attracted many foreign investors, and this situation escalates worrying level of the local government, leading to an attempt to give more access to the native Indonesians to lands. In sociological perspective, serving as answers to normative and philosophical perspectives, the issuance of the Decree by the deputy is intended to protect the native people of Yogyakarta and to recreate a balance and to open wider access for the native to land ownership. To analyse the validity of the decree issued by the Deputy of Regional Head of Yogyakarta No. K.898/I/A/1975 through the Decision Number 132/Pdt.G/2017/PN Yyk stating that the decree is incomparable to the law when it is seen as a policy decision to protect the native people, this research also takes into account comparative approach that compares this case with that in Papua as another special region in Indonesia with its different regulation as well. Moreover, from the perspective of rights, taking control over the state performed by the government on behalf of its people, supported by a policy which should be made based on the Procedures of Special Region of Yogyakarta to make Regulations of Special Regions Number 1 of 2013 in the form of Regulation of Special Region (Perdais) indicates that, based on how the circular letter was issued, it takes historical factor that harms native people; the circular letter banning land ownership for non-native people is considered relevant to the authority given since it is based on the law of special region of Yogyakarta that gives authority to handle land-related procedures. It is not unprecedented since another special region in Indonesia is also found to place a different regulation. Therefore, to support the regulation, the Decree should be issued in line with local regulation of Special Region of Yogyakarta concerning Formulation of Regulation of Special Regions Number 1 of 2013