Discriminatory policy of land ownership of the Chinese in the special region of Yogyakarta in constitutional and local regulation perspective

Abstract

For more than forty years, the Yogyakarta Sultanate has applied discriminatory policy on law ownership to Chinese Indonesian. Historically, the Chinese descendants have not been able to own land except Building Rights or HGB. This policy was outlined in the Regional Head Instructions Number K.898/I/A/75. The research analyzes what is the legal basis of application the disminatory policy on land ownership for Chinese-Indonesia. The research uses normative and empirical legal research with constitutional and local regulation approach. The result of research shows that the Special Region of Yogyakarta imposed a Discriminative Land Ownership Policy to the Chinese-Indonesia is due to historical reason, when the Giyanti Agreement of 1755 sued the Chinese traitor group to the Sultanate. Since then, the Instructions Letter of the Regional Head of DIY PA. VII/No. K/898/I/A/75 was issued to Prohibit the Property rights of Non-Indigenous Indonesian citizens. The research recommends that the Government of Special Region of Yogyakarta should re-considers and reviews the time limitation of banning land ownership to Chinese-Indonesia in the light of respecting the constitutional rights of new generation of the Chinese-Indoensia. This recommendation, off course, needs some requirements for the Chinese-Indonesia such as statement of loyalty to the Sultanate and limitation of the area they may have land ownership.