Juridical Analysis of the Position of the Surakarta Kasunanan Palace as a Cultural Heritage Area Linked to the Basic Agrarian Law (UUPA)
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 05
Abstract
With the provisions of the Fourth Dictum of the UUPA, regarding the position of the Surakarta Kasunanan Palace as a cultural heritage area, there are still differences of opinion regarding its ownership status. This research aims to examine the position of the Surakarta Kasunanan Palace after the enactment of the UUPA, as well as to analyze the ownership status of the Surakarta Kasunanan Palace as a cultural heritage area. The research method is normative juridical. The type of data used is secondary data. Data analysis techniques using deductive reasoning presented descriptively. The results of this research are: first, the position of the Surakarta Kasunanan Palace after Indonesian Independence, based on: Law Number 10 of 1950 was designated as part of Central Java Province; and based on Law Number 18 of 1965, de jure Swaraja Surakarta was abolished. Then, after the UUPA came into force, the position of the Surakarta Kasunanan Palace should have shifted to the State. However, in reality, currently the Surakarta Palace Sultanate still has and exercises authority over the lands it owns and owns based on Presidential Decree Number 23 of 1988. Second, the ownership status of the Surakarta Kasunanan Palace as a cultural heritage area is stipulated in the Regulation of the Minister of Culture and Tourism Number PM.03/PW.007/MKP/2010 belongs to the Surakarta Kasunanan Palace as an indigenous community in accordance with Article 13 of the Cultural Heritage Law. The Surakarta Kasunanan Palace is a traditional community, because the King is the traditional leader who still has the same territorial area and lineage and has authority within and outside his traditional area. If the Kasunanan Surakarta Palace is interpreted as a traditional institution, and ownership of the land of the Surakarta Kasunanan Palace becomes a customary right for the Surakarta Kasunanan Palace, then as a consequence the Government in taking over the land of the former Surakarta self-government must also pay attention to the principle of recognizing these customary rights.
Authors and Affiliations
M. Giovani Fernanda, Lego Karjoko, Hari Purwadi
Keywords
Related Articles
- EP ID EP734971
- DOI 10.47191/ijsshr/v7-i05-01
- Views 13
- Downloads 0
Fanaticism of Football Fans to an Achievement of Football Club Case of study: Persebaya Football Club
Until now, football matches have always been enlivened to support the pride of the club, from children, teenagers to the elderly who want to watch matches at the stadium, more than 1000 supporters attend every match. The...
Building the Ideal Christian Family in Generation Z
The knowledge about education to build an ideal Christian family obtained by Generation Z is not good enough, so the author gives the purpose of writing to discuss the crisis in the household, rebuild the household and p...
The Principle of Legal Undue Influence as a Reason for Canceling the Agreement
Undue influence has not yet become a norm in the provisions of laws and regulations in Indonesia, so cases relating to undue influence are adopted by judges in deciding cases by referring to expert opinions. Legal certai...
The Significance of Studying the Relationship Between Folk Literature and Written Literature
Folk literature and written literature share a close-knit relationship, mutually enriching each other. This research not only deepens our understanding of community beliefs, doctrines, and worldviews but also explores an...
Consumer Legal Protection of Culinary Products in Realizing Sharia Tourism in Gorontalo City
Everyone has the right to legal protection in various activities of his life, including between producers and consumers. This article aims to discuss the prospects of sharia tourism in Gorontalo City and consumer legal p...