Analysis of land rights ownership Deli Spoorweg Maatschappij in Medan, Sumatera Utara, Indonesia

Abstract

AbstractThis study aimed to unravel the legal and political history of the birth of a modern mode of railway in Medan. The land agreement for the construction of railroad companies has led to conflicts to date regarding the status of concession lands originating from the Sultanate of Deli at that time. This study integrated normative legal research with historical research methodologies, utilizing archives of primary materials from colonial times as the primary source and secondary data from a specific era. Data was carried out at the Netherlands National Archives in The Hague and the Special Collections of the Leiden University Library in early spring 2015, and continued in early winter 2016 and 2019. There are two important findings from this research. First, land concession managed by Deli Spoorweg Maatschappij (DSM) does not belong to the foreign company but belongs to the indigenous people where the King or Sultan acts as the customary leader. Second, Law No. 86 of 1958 nationalized Dutch companies and turned these areas into State Companies like Railways and Plantations, however the Sultanate and Customary Law Community’s rights cannot be demolished. This manuscript showed comprehensive analysis of the land rights associated with the DSM in Medan. However, there are limitations to this research in that the available historical records are incomplete, and some important documents have been lost or damaged over time, which may result in data gaps. Future research should be conducted to compare the Deli Spoorweg Maatschappij with other colonial and post-colonial railroads.

Keywords

• Deli Spoorweg Maatschappij
• land rights
• Medan
• ownership