LEGAL PLURALISM IN THE SPECIAL DISTRICT PROVINCE OF YOGYAKARTA, INDONESIA

Abstract

This study analyses the implementation of legal pluralism theory in a unitary state, such as the Republic of Indonesia, for historical and political purposes. The Special District Province of Yogyakarta, formally known as Ngayogyakarta Hadiningrat Sultanate, is one of the provinces whose territory and government have existed before Indonesia’s independence. When Sultan Hamengku Buwono led this province as the king, it significantly enjoyed many privileges within the Unitary State of the Republic of Indonesia, which apply to date. However, it is still possible to find discriminatory policies, especially in the agrarian sector, aimed explicitly at the Indonesian Chinese community due to the implementation of the Governor Instruction of 1975. As a result of this policy, the Indonesian Chinese are not entitled to land ownership rights in this region. This discriminatory policy serves as a window to explain how the social, cultural, political, and historical structures of Yogyakarta impact the implementation of the legal pluralism concept within the Republic of Indonesia. Historical and legal approaches within the socio-legal framework are used in this research.