ANALYSIS OF GOVERNOR'S INSTRUCTION DIY NO: K.898/I/A/75 ON LAND OWNERSHIP IN YOGYAKARTA BY INDONESIAN CITIZENS OF CHINESE DESCENT FROM THE PERSPECTIVE OF JUSTICE.

Abstract

The Governor's Instruction in Yogyakarta that prohibits land ownership for the Chinese community has roots in a long history of resentment that predates independence. In this context, the issuance of the Letter of Instruction by the Head of the Special Region of Yogyakarta in 1975, signed by Paku Alam VIII, becomes relevant. The instruction orders the denial of land ownership to non-indigenous citizens and is linked to Law No. 13 of 2012 on the special status of the Yogyakarta special region, which legitimizes the instruction in the field of land through Article 1 and Article 7. While general land laws apply there, the policy of standardizing land ownership in the governor's instruction states that the Chinese community, referred to as non-indigenous in the instruction, are not entitled to own land in Yogyakarta. However, since the amendment of the 1945 Constitution in 2002, there is no longer any distinction between indigenous and non-indigenous citizens. Therefore, the relevance of the instruction to current regulations is inconsistent with the principles of justice and equal rights as Indonesian citizens. The instruction clearly creates discrimination that undermines justice for Indonesian citizens of Chinese descent and contradicts the Indonesian constitution, which guarantees equal rights and justice for all citizens. Referring to the post-amendment 1945 Constitution, Article 26, paragraph (1) states, "Citizens are native Indonesians and other individuals as recognized by law as citizens." Article 26, paragraph (3) also emphasizes that, "Matters regarding citizens and residents shall be regulated by law." To uphold the constitutional mandate, Law No. 12 of 2006 on the Citizenship of the Republic of Indonesia was enacted. Despite the existence of this law, differential treatment continues to occur, especially in terms of land ownership for Indonesian citizens of Chinese descent in Yogyakarta. It seems that the law does not provide new hope for justice for Indonesian citizens of Chinese descent, even though there is a guarantee of property rights stipulated in Article 28H, paragraph (4) of the 1945 Constitution.