Legal Problematics In The Extension Of Building Use Rights On Sultanate-Owned Land In Yogyakarta City

Abstract

The legal issues surrounding the extension of Building Use Rights over Kasultanan Land in the City of Yogyakarta, Special Region of Yogyakarta, arise from the intersection between Indonesia’s national land law framework and the Kasultanan’s authority as the landowner. This study aims to explain the sources of these issues, map the implications of the parties’ respective powers and assess the position and potential legal-liability risks faced by Land Deed Officials in the extension process. The research employs an empirical legal method; data were collected through document review, interviews and an examination of landservice practices and then analyzed qualitatively using a legal pluralism approach and theories of legal liability. The findings indicate that the special regulatory regime under Law Number 13 of 2012 on the Special Status of the Special Region of Yogyakarta and the Special Regional Regulation of the Special Region of Yogyakarta Number 1 of 2017 on the Management and Utilization of Kasultanan Land and Kadipaten Land places Kasultanan Land under a governance system that differs from the general regime under Law Number 5 of 1960 on Basic Agrarian Principles. This divergence gives rise to uncertainty in determining the legal status of Sultan Ground, limited traceability of parcel histories and initial certificates, multi-tier inter-agency coordination, non-uniform administrative requirements, unmeasured pisungsun charges and increased prudential and professional-liability risks for PPAT. The need for procedural restructuring points to the development of a single binding technical guideline, clearer delineation of authority, standardized requirements and verification and stronger legal certainty for rights holders and Land Deed Officials.