The Existence of Law no. 5 of 1960 on the Governor's Instructions DIY No: K.898/I/A/75 Ownership of Land Rights by Chinese Writers Viewed from Justice Perspective

Abstract

Purpose: This study aims to examine the implications of DIY Regional Head Instruction No.K.898/I/A/75 on land ownership rights, particularly for Indonesian citizens of Chinese descent, in the context of existing legal frameworks and constitutional principles. Theoretical reference: The study draws on legal theories concerning land ownership rights, including the Indonesian Agrarian Law (UUPA), Law No. 5 of 1960, and constitutional principles related to property rights and equality before the law. Method: A qualitative analysis of legal documents, including statutes, regulations, and constitutional provisions, is conducted to explore the legal basis and implications of DIY Regional Head Instruction No.K.898/I/A/75 on land ownership rights. Results and Conclusion: The study finds that the enactment of DIY Regional Head Instruction No.K.898/I/A/75 presents a contradiction with existing legal frameworks, particularly the UUPA and Law No. 5 of 1960, regarding land ownership rights. Despite being an instruction limited to the DIY region, its impact on land rights allocation is significant, leading to challenges, particularly for Indonesian citizens of Chinese descent. The study concludes that the instruction should be repealed to ensure equality and adherence to constitutional principles regarding property rights. Implications of research: This research highlights the need for legal clarity and consistency in land ownership regulations, especially concerning the rights of minority groups such as Indonesian citizens of Chinese descent. Addressing inconsistencies and ensuring adherence to constitutional principles will contribute to promoting fairness and justice in land ownership rights allocation.