PEMBERIAN HAK SEWAATAS TANAH KEPADA PETANI Dl KAWASAN SITUS PURBAKALA DIENG

Rahayu Subekti

Abstract

As a reaction to illegal excavatfons by the local community in Dieng Archeological Sites, the local government ofBanjarnegara Regency in cooperation with the Archeological Service ofCentralJava has made an effort to exercise control of the sites by leasing them outThis research aims to investigate the
basisofthedecision madeby theArcheological Service to grant theright ofleasehold to thefarmers and toexamine the process as well as the kinds ofauthority given in the granting ofthe right ofleasehold tothe farmers in Dieng Archeological sites.This research is descriptive, I.e It attemps tothe describe the objects
ofinvestigation objectively Data collection was made bysending out aquestionnaire torespondents and conducting interviews with resource person, The result ofthe research shows the following findings. The legal bases of the decision on the granting of the right ofleasehold by the Archeological Service are Articles 18,19,20 ofActNo. 5 of 1992concerning conservation ofcultural artifacts andArticle 6 ofActNo. 5or1960 (Basic Agrarian Law) as well as Circular Letterofthe Directorofthe Directorate fbrthe Conserva tion arid Maintenance of Historical andArcheological Remains No. 1338/D. 1/F.S/1999 dated 18 October 1999 concerning a Supervisory Team for the Archeological Sites onthe Dieng Highlands, Banjarnegara Regency. The process ofthe granting ofthe right ofleasehold on land starting from the measurement of sites, calculation anddrawing of land,  Installation of boundary markers, data collection of prospective
lessees, auction ofthedistribution ofparcels ofland,payment ofrent andplanting. The kinds ofauthority given to farmers, i.e. cultivation ofparcels ofland according tothe agrees stipulation: they are notallowed to sellor transfer to  otherpeopleandtheyareobliged to report to thelocal government ifthey discover, during cultivation anycultural artifact such as a building foundation orother objects; activities ofplanting
maintenance andtreatment ofplants should takeInto account theInterests oftourism, e.g. in peakseason they should notspray the plants and put manure in the tourist area; they also mustensure payment ofrent in time. The following arethewriter's recommendations: In viewofthe farmer's need for agricultural land, the agreementshould be extended with thestipulations that theydonotdamage theland onthesitesandthe cultural artifacts; the boundariesoflandfor agricultural purpose,particularly thelandadjacentto the buffer zone, should be clearlymarkedso thatthe farmers donotcultivate beyondtheboundaries anddamagethe sites.

Full Text:

PDF

Refbacks

  • There are currently no refbacks.