Conflict Over Landownership in the Postcolonial Era: The Case of Eigendom Land in Surabaya

• Main Author: Sukaryanto, 0025116304
• Format: Article PeerReviewed
• Language: English; English; English
• Published: Center for Southeast Asian Studies, Kyoto University 2017
• Subjects: JZ6385-6405 The armed conflict. War and order; KB480 482 Private international law. Conflict of laws
• Online Access: http://repository.unair.ac.id/89861/1/01%20Conflict%20Over%20Fulltext.pdf; http://repository.unair.ac.id/89861/2/01%20Conflict%20Over%20Turnitin.pdf; http://repository.unair.ac.id/89861/3/01%20Peer%20Review%20Validasi.pdf; http://repository.unair.ac.id/89861/; https://englishkyoto-seas.org/2017/04/vol-6-no-1-sukaryanto/
• Institution: Universitas Airlangga

This article attempts to explore the controversy surrounding the eigendom land in Surabaya in its relations with the enforcement of the Basic Principles of Agrarian Law (henceforth the Basic Agrarian Law, or BAL), in an effort to realize the ideals of the Republic of Indonesia—justice and prosperity for all people. The enactment of the BAL, which independently regulated land tenure and ownership, was a milestone in the autonomy of post-colonial Indonesia. One of the effects of the law was agrarian reform which led to most eigendom land (land owned under colonial State Management Rights) becoming tanah negara, or State-controlled land. This eigendom land has been used for public housing, though some consider such usage to deviate from the BAL. In recent years, the issue has led to conflict between settlers of eigendom land and the Municipal Government of Surabaya. This article concludes that the status of eigendom land should immediately be converted in accordance with the applicable legislation, and that the ownership of this land should be transferred to private citizens. This is hoped to best achieve justice and welfare for the people of Indonesia, in accordance with the goals of agrarian reform.