Legal Protection for Burial Land in the Cultural Heritage Site Area of the Sunan Katong Kaliwungu Tomb, Which Will Undergo Housing Development

Abstract

This research aims toknowing and analyzing what form of protection of burial land in the cultural heritage site area of the Sunan Katong Kaliwungu tomb, what are the negative impacts of housing development in the cultural heritage site area of the Sunan Katong Kaliwungu tomb, and what is the form of theory of legal certainty and justice in waqf law.This research uses an approachsociological juridical, namely an approach based on binding norms or regulations.Based on the research results, it is known thatSiteThe cultural heritage of Sunan Katong's tomb has been officially registered as a cultural heritage site based on Decree No. 556/2730 of 2016. So it gets legal protection as regulated in Law Number 11 of 2010 concerning Cultural Heritage. And, Article 32 paragraph (1) of the 1945 Law, which emphasizes that the state advances Indonesian national culture amidst world civilization because the Tomb of Sunan Katong as part of the nation's cultural heritage needs to be protected and preserved in order to maintain historical value. Housing development in the area of the cultural heritage site of Sunan Katong Kaliwungu's Tomb has had negative impacts such as landslides, land degradation, increased air pollution and damage to the water ecosystem. This emphasizes the need for strict regulation and supervision of every development activity around the site so that the function and value of the cultural heritage are maintained. The theory of legal certainty in waqf law, namely that waqf is carried out orally and in writing before the Waqf Pledge Deed Making Officer (PPAIW), the Waqf Pledge Deed (AIW) is made, registered, certified and announced to the public and the theory of justice in waqf law, namely the exemption from fees for registration of waqf land certification as contained in article 22 PP No.128/2015.