| Summary: | This research aim to investigate the regulation on tanah kas desa in the
national agrarian law and according to the adat law in the district of Sleman and to
acquire information on the opinion of the respondents conserning the subject of
the right, the extent of occupation, annulment of the right of cultivation, the
sanction and other problems related to tanah kas desa.
This descriptive research was conducted in the district of sleman in the
Special Province of Yogyakarta. The respondents consisted of 50
owners/cultivators of tanah kas desa selected through simple random sampling.
Interviews were conducted with government officials from the Office of Dinas
Pengendalian Pertanahan Daerah (Local Land Office of the District), the Head
of Village and labor sub district and the village chiefs and staff in the research
site.
Primary and secondary data were use in this research. The primary data
were obtained from respondents and resource person by using a questionaire (a
combination of open and closed questionaire) and interviews (a combination of
structured and unstructured interviews). The secondary data were obtained from a
documentary study of primary, secondary and tertiary legal materials. The
collected data were then analyzed qualitatively. The numerical data were tabulated
to facilitate analisys.
Conclusions from the research are as follows: first, up to the present time
there have been no definite regulations on tanah kas desa. The existing regulation
only states the principles, Second, regulation on tanah kas desa in sleman is based
on local adat law, which is concerned with the division and the granting of
permission to cultivate the land by the village chief, determination of those who
are entitled to the land, and the requirements of ownership. The division and
permission to cultivate given the village chief do not, in practice, take into
consideration preservation of the environment and include the sea area, which still
has no tanah kas desa. Third, polling shows that the community want the tanah
kas desa to be reserved only for the local recidents
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