Human Rights Perspective for Prohibition of Land Ownership for Non-Indigenous Citizens Policy

Abstract

This research aims to provide an analysis and find the background of the policy on the prohibition of land ownership with property rights status for Non-Indigenous Indonesian citizens in Yogyakarta from a human rights perspective. The policy is considered contrary to the spirit of Law No. 5/1960 to unify and guarantee the certainty of agrarian law in Indonesia and it is considered to violate human rights in the 1945 Constitution of the Republic of Indonesia for ethnic discrimination against Non-Indigenous Indonesian citizens. This research uses a normative type of legal research method. This research shows that the policy of land ownership prohibition aimed at Non-Indigenous Indonesians in DIY is based on providing protection guarantees in terms of equal opportunities for Indigenous Indonesians of weak economic groups. The legal basis for the protection of the weak economic class of Indigenous citizens has been accommodated in Article 28H Paragraph (2) of the 1945 Constitution and Article 11 of Law No. 5/1960 Paragraph (2), which provides space to provide special treatment for the weak economic class of Indigenous citizens. The policy of prohibiting land ownership with the status of property rights for Non-Indigenous Indonesians in DIY is a step taken to protect Indigenous Indonesians. Indonesian concept of the rule of law provides a consequence that the State, through the State's Right to protect people with weak economic groups, has access to land rights. This principle does not conflict with human rights. Non-Indigenous Indonesian citizens can still have tenure rights over land in DIY with HGB status for a long time.