PEMBERIAN HAK SEWA ATAS TANAH KEPADA PETANI DI KAWASAN SITUS PURBAKALA DIENG
SARI: 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 beyond the boundaries and damage the sites.
Keywords: Grantingof right,
land rent
Penulis: Rahayu Subekti
Kode Jurnal: jphukumdd070028
