3. 1 Juni 2021
Background
With the enactment of the Basic Agrarian Law as the national land law in Indonesia, land problems often occur. Like the land conflict that
occurred between the Cirebon City Government and the Cirebon Kasepuhan Palace, both parties assumed that the lands belonged to
them. With the enactment of the Basic Agrarian Law (UUPA), and based on the Fourth Dictum letter A of the Law, the lands controlled by the
former Sultanates have been taken over by the Regional Government of Cirebon City because the lands are categorized as self-
governing/ex-swapraja land, which was carried out through the Cirebon Municipal Landreform Committee. The Cirebon City Government
assumed that the lands were self-governing/former self-government lands which were later taken over and used for the benefit of the
government. Meanwhile, on the other hand, the Kasepuhan Palace. assumes that the land is not a self-governing/ex-swapraja land.
According to the Palace, these lands were inherited from the ancestors (wewengkon) which were later taken by the state and used for the
benefit of the state.
Legally, the land status of the Kasepuhan Cirebon Palace from the British era, the Dutch era, the Republican era, and then until the
Reformation era was wewengkon land or land of hereditary rights from the Kasepuhan Cirebon Sultanate. However, after the enactment of
the 1960 UUPA, all land affected by land reform objects, the rights to the land were transferred to the state because the land of the
Wewengkon Keraton Kasepuhan Cirebon was considered as self-governing / ex-swapraja land and the aggrieved party was compensated.
However, until now, the party who has been injured, which is Keraton Kasepuhan Cirebon, has not received compensation payments from
the government.
4. Background
Cirebon City Government considers the Sultanate land of Kasepuhan Cirebon is a self-governing / ex-swapraja land. On the other hand,
Keraton Kasepuhan Cirebon considers that the land is not to be self-governing/ex-swapraja land and which has been using the land for
generations. Coupled with the Jurisprudence of the Supreme Court of the Republic of Indonesia Year 1997 No. Reg. 558/K/Pdt/1997.
Cirebon City Government nor considers the Sultanate that the land of Kasepuhan Cirebon is a self-governing / ex-self-governing land. On
the other hand, Keraton Kasepuhan Cirebon considers the land not to be self-governing/former-self-governing land and which has been
using the land for generations. Coupled with the Jurisprudence of the Supreme Court of the Republic of Indonesia Year 1997 No. Reg.
558/K/Pdt/1997. Then the Keraton Kasepuhan Cirebon immediately conduct a judicial review or review of the Basic Agrarian Law so that
wewengkon land or hereditary rights are clearly regulated in the Basic Agrarian Law so that later there will be no dispute arises or conflict
persistent and the solution not protracted.
5. Problem
The Cirebon City Government still does
not implement the Supreme Court's
decision.
Until now, the Kasepuhan Sultanate
Palace has found it difficult to
obtain a certificate of ownership of
the hereditary land (wewengkon).
7. After the enactment of the UUPA in
1960 all land affected by the land
reform object, the rights to the land
bag are transferred to the state
because the land is wewengkon of
Keraton Kasepuhan Cirebon is
considered a land of self-government
or former self-government and the
parties who harmed are compensated.
1 2
The parties who have dispute can be
taken litigation and/or non-litigation
pathway. The litigation pathway in
question is through the judiciary,
namely General Court (which
concerns criminal and civil elements
(among other things related to claims
for compensation and actions against
the law)) and through State
Administrative Court (related with
dispute decree). While through non-
litigation path can be taken with
reconciliation, negotiation, mediation
and arbitration.
8. The Cirebon City Government, through
the Mayor of Cirebon, sent a letter that
it had not approve the attempt to
issue a certificate due to waiting for
instructions of Ministry of Home
Affairs. In fact, legally and
convincingly The decision of the
Supreme Court Judge is binding.
3 4
The Supreme Court includes a
definition of difference self-governing
land and customary land, which also
means not all former land The palace
is self-governing land. The
determination of the former land,
refers to Decision Number 1825
K/Pdt/2002, must be seen from the
historical aspect so that does not
cause injustice.
9. there is difference of opinion and
difference view in determining status
ownership of the land. Kasepuhan
Palace view from real evidence exists
and based on the histories prove that
the land belongs to the palace and
not is self-governing land or former
self-government. Customary land
gets legal protection itself and cannot
be immediately taken by state land
like self-governing land
5 6
Decision of the Supreme Court relates
to the land of the Sultanate Palace.
This Kasepuhan shows that politics
has a bigger influence than the law.
This is a bad precedent for legal
sustainability Indonesia which in
principle adheres to the term rule of
law.
10. After the enactment of the UUPA in
1960 all land affected by the land
reform object, the rights to the land
bag are transferred to the state
because the land is wewengkon of
Keraton Kasepuhan Cirebon is
considered a land of self-government
or former self-government and the
parties who harmed are compensated.
7 8
The parties who have dispute can be
taken litigation and/or non-litigation
pathway. The litigation pathway in
question is through the judiciary,
namely General Court (which
concerns criminal and civil elements
(among other things related to claims
for compensation and actions against
the law)) and through State
Administrative Court (related with
dispute decree). While through non-
litigation path can be taken with
reconciliation, negotiation, mediation
and arbitration.
11. Based on the Fourth Dictum letter A
Basic agrarian Law, then the rights
and authorities over the earth and
water autonomously or the former
self-government agency that is still in
September 24, 1960 became delete
and switch to the government or state.
9 10
Cirebon City Land Office stated that
the Sultanate Kasepuhan which
declared the lands of the Kasepuhan
Sultanate Cirebon is not classified as
land self-government or ex-self-
government is not based on provisions
laws and regulations that apply. The
land becomes landreform object and
can distributed to the qualified
cultivator as already mentioned in
Article 8 and Article 9 of PP No. 224 of
1961.
12. The contents of article 4 Government
Regulation no. 224 Years 1961 is to
regulate the allocation self-governing
and ex-self-governing land that is:
“Partly for the sake of government is
partly for those who are directly
harmed because the abolition of the
autonomous right to the land and part
of it to be distributed to the people
who need it.” However, the
implementation is as referred to in
article 4 in Government Regulation No.
224 Years 1961 is still not realized.
11 12
Regarding the claim for compensation
that should be given to the aggrieved
party based on Government
Regulation No. 224 of 1961 cannot be
justified by government. This is due to
because the regulations regulate
payment of compensation for
privately owned land taken by the
government based on Law No. 56 Prp.
Year 1960 while the autonomous land
was not taken by the government but
switch automatically to country.
14. Difficulties
the definition is still unclear about the
meaning of the land of the former palace
with a historical approach. The definition is
divided into land that are customary lands
and self-governing lands. Customary land
gets legal protection itself and cannot be
immediately taken by state land such as
self-governing land.
the judge's decision is still can be
suspended if the will of the ruler, in this
case Cirebon City Government, does
not want to obey it. This shows that
politics has a bigger influence than the
law.
15. Berikut adalah tugas Dampak Tinggi, Usaha Rendah.
Difficulties
Kasepuhan Sultanate Party feel very harmed even morewith the issuance of the Certificate of
Rights Use No. 40 dated June 23, 1998 Letter of Measurement dated March 16, 1998 No. 536/1998
with an area of
5350 square meters on behalf of the Government Cirebon area whose
designation is for the Department of Agriculture and Cirebon Municipality Food Crops.
Regarding the claim for compensation that should be given to the aggrieved party based on
Government Regulation No. 224 Years 1961 cannot be justified by government. This is due to
because the regulations regulate payment of compensation foprivately owned land taken by the
government based on Law No. 56 Prp. Year 1960 while autonomous lands are not taken by the
government but switch automatically t
1.
2.
17. Batal
Catat
Search
The status of the land of the Kasepuhan Cirebon after the
enactment of Law Number 5 of 1960 concerning Basic Regulations
on Agrarian Principles is partly is the land of hereditary rights or land
wewengkon Sultan Sepuh Kasepuhan Palace and parts of it again is
land that is still controlled by the Cirebon City Government. Land
dispute resolution Cirebon Kasepuhan Palace with The Cirebon City
Government has pursued through litigation as well as non-litigation
channels. The Kasepuhan Palace Cirebon will immediately conduct
judicial eview or testing of Basic Agrarian Law so that Wewengkon
land or private land heredity is clearly regulated in the Basic Law
agrarian so that later disputes or conflicts will no longer arise land
and its solutions
not protracted.
18. Until now, Keraton Kasepuhan Cirebon is
difficult to register land and get land
certificates because there are still self-
governing land disputes with the Cirebon City
Government.
Conclusion
