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.
Highlights
Indonesia is still vulnerable to the race discrimination, ethnicity unfairness, and native or non-native customs which may lead to any kind of manifested conflicts [1]
Paragraph (2): “Residents are Indonesian citizens and foreigners who reside in Indonesia.”
Article 28I paragraph (2) of the 1945 Constitution of the Republic of Indonesia stipulates that every person has the right to be free from discriminatory treatment on any basis and has the right to received protection for discriminatory treatment
Summary
Indonesia is still vulnerable to the race discrimination, ethnicity unfairness, and native or non-native customs which may lead to any kind of manifested conflicts [1]. Yogyakarta is without exception as the Chinese descendants cannot purchase and own the land. Yogyakarta recently has revised discrimination law regarding the land ownership by Chinese people. It was legalized after two (2) court decisions [2], letters for two presidents and two State body recommendations have been signed and approved. Descendants, mainly from ethnic Chinese and Indians except non-indigenous, still have a right to own land in the Special Region of Yogyakarta. Non-indigenous Indonesian citizens, including China, cannot own land in the Special Region of Yogyakarta
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