REKONSTRUKSI KEBIJAKAN HUKUM AGRARIA TERHADAP STATUS TANAH EKS KERATON KASUNANAN SURAKARTA HADININGRAT BERBASIS NILAI KEADILAN SOSIAL

ANANTA, RICKY (2024) REKONSTRUKSI KEBIJAKAN HUKUM AGRARIA TERHADAP STATUS TANAH EKS KERATON KASUNANAN SURAKARTA HADININGRAT BERBASIS NILAI KEADILAN SOSIAL. Doctoral thesis, Universitas Islam Sultan Agung Semarang.

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Abstract

The number of ex-royal land conflicts between the government and residents who occupy ex-royal land, so that the reconstruction of ex-royal land status based on social justice values. This research aims to know and analyze the regulations and policies of agrarian law along with its weaknesses on the current status of the former palace of Surakarta Hadiningrat Sunanate and realize the implementation of the reconstruction of existing regulations as support for agrarian law policies on the status of the former palace of Surakarta Hadiningrat Sunanate based on social justice values. The research paradigm used is constructivism with a social legal research approach. Primary legal materials used are Law Number 5 of 1960 concerning Basic Agrarian Principles and other related regulations. Data analysis uses descriptive qualitative. The results of the study explain that the current agrarian law regulations and policies on the status of the former Surakarta Hadiningrat Palace land include Law No. 5 of 1960 concerning Basic Agrarian Principles; Government Regulation (PP) No. 18 of 2021 concerning Management Rights, Land Rights, Flat Housing Units, and Land Registration; Government Regulation No. 20 of 2021 concerning Controlling Abandoned Areas and Land; Presidential Decree No. 23 of 1988 concerning the Status and Management of Surakarta Kasunanan Palace and Local Regulation of Surakarta Municipality No. 8 of 1993 Article 16 which states that cultural heritage objects are utilized for the tourism industry in line with the provisions of Article 19 paragraph (1) of Law No. 5 of 1992 which determines that cultural heritage objects can be utilized for tourism purposes. The weaknesses of the regulation of agrarian law policy on the status of the former Surakarta Hadiningrat Palace land are the existence of overlapping regulations that are unable to accommodate conflicts related to the management and control of the former Surakarta Palace Land. This has an impact on the lack of legal certainty of customary land ownership by indigenous peoples The reconstruction of existing regulations as support for agrarian law policies on the status of the land of the former Surakarta Hadiningrat Sunanate based on social justice values in substance, this reconstruction recommends a detailed and clear concept of legal policy reformulation related to the control and management of customary land guided by the prosperity of the people, in the sense of happiness, welfare and independence in society and the Indonesian legal state which is independent, sovereign, just and prosperous with a legal sociological approach. Keywords: Swapraja Land, Sovereignty

Item Type: Thesis (Doctoral)
Subjects: K Law > K Law (General)
Divisions: Pascasarjana
Pascasarjana > Program Doktor Ilmu Hukum
Depositing User: Pustakawan 5 UNISSULA
Date Deposited: 06 Aug 2024 02:48
Last Modified: 06 Aug 2024 02:48
URI: http://repository.unissula.ac.id/id/eprint/35199

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