Analisis yuridis hak milik atas tanah bagi warga negara indonesia nonpribumi di Daerah Istimewa Yogyakarta = Juridical analysis of land ownership rights for nonnative indonesian in Special Region of Yogyakarta

Sanjaya, Joshua (2019) Analisis yuridis hak milik atas tanah bagi warga negara indonesia nonpribumi di Daerah Istimewa Yogyakarta = Juridical analysis of land ownership rights for nonnative indonesian in Special Region of Yogyakarta. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

There’s regulation in the Special Region of Yogyakarta in the form of instruction, which its existence is truly controversial and debated for all society. DIY Regional Head Deputy Instruction No.K.898/I/A/1975 which prohibits all non-native Indonesia citizens from acceptable, considering that the instruction does not fulfill the State Administrative Decision element. Feeling unacceptable to the Supreme Court's ruling, the next plaintiff returned to legal action by suing the DIY Governor and DIY National Land Agency on the legal basis that by enacting this instruction, the Governor and DIY National Land Agency had acted against the law of the authorities. Court Decision No. 132 Pdt.G/2017/PN.Yyk finally rejected the plaintiff's claim on the grounds that the instruction was still in force because it was to protect the public with a weak economy. The purpose of this study was to analyze the instruction and state the judge's decision. This study uses a normative juridical legal research method with a legal approach and case approach. One of the results of this study is that theoretically the instruction should no longer be valid, but in fact different so that it should be examined in this research owning land with ownership rights. The existence of this regulation makes all non-native Indonesian in DIY feel their rights are being molested and feel discriminated against by the government so that the community sues for the review of these regulations. In Constitutional Court Verdict Number 13 P / HUM.2015, the plaintiff requests the right of judicial review of these instructions, but the Supreme Court refused because it was not authorized to examine. The Plaintiff concluded that this instruction was classified as a State Administrative Decision or at least a Discretion. So, the Plaintiff requests to sue the Yogyakarta State Administrative Court but it is no longer.

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