FROM AFFIRMATIVE INTO DISCRIMINATIVE: THE MISERABLE CONDITION OF THE INDIANS AND CHINESE LAND RIGHTS IN SPECIAL REGION OF INDONESIA

Abstract

This paper traces the historical concept and its implementation of land ownership policy in the only special region of Indonesia, namely Yogyakarta. The concept of Uniformity of Giving the Right on Land Policy merely to indigenous and banning the non-indigenous from the land ownership rights was intended as affirmative action to pressing the gap of poverty in Yogyakarta. The legacy of the past when the colonial era placed the indigenous in the lowest class became the main reason that was used as the root for causing social gap with non-indigenous. Land as a key capital in human life is used as an instrument to reduce and press the social gap from poverty. A concept taken from the inheritance of past policies with local and colonial influences was issued by the government which later became known as the 1975 Instruction. The results of the study showed that there were inconsistencies in the implementation of the land ownership policy in Yogyakarta. The ban on land ownership only targets Indians and Chinese, while other non-natives (i.e. Arabs) still hold land ownership title in Yogyakarta. Actions intended as affirmative instead turn into discriminative. Therefore, the Indians and Chinese are victims of human rights violations by the Yogyakarta government because they are only allowed to own the Right of Building, and are prohibited from owning land property rights. In response to such circumstances, there is a unique pattern that shows a perfect contradiction because there are differences between Indians and Chinese facing discriminatory actions and violations of human rights to them. The Chinese people chose to carry out resistance by taking legal action; on the other hand, the Indian people seem to have come to terms with the situation.