Perbuatan Melawan Hukum Pemerintah Kota Medan Dalam Penetapan Tanah Lapang Merdeka Medan Sebagai Cagar Budaya (Studi Putusan: : Nomor 549/Pdt/2021/PT.Mdn)

Abstract

Cultural heritage is a valuable national asset that serves to strengthen unity and identity awareness; thus, it must be continuously preserved and protected. Decision No. 549/Pdt/2021/PT.Mdn affirms that Tanah Lapang Merdeka Medan should have long been recognized as a cultural heritage site. The granting of the lawsuit indicates negligence on the part of the Medan City Government in providing legal certainty and protection for the land. This study aims to examine the court decision concerning the designation of Tanah Lapang Merdeka Medan as a cultural heritage site and its legal implications. This research employs a normative juridical method, using statutory, conceptual, case, and comparative approaches. It is prescriptive in nature. Primary legal materials include Law Number 11 of 2010 on Cultural Heritage, while secondary legal materials consist of literature on cultural heritage and unlawful acts. The results of this study show that the designation of Tanah Lapang Merdeka Medan as a cultural heritage site, as stipulated in Decision No. 549/Pd/2021/PT.Mdn, aligns with the provisions of Law Number 11 of 2010 on Cultural Heritage. In relation to this designation, it is evident that the Medan City Government was negligent in fulfilling its obligation to preserve and protect Tanah Lapang Merdeka Medan from damage and neglect. Such negligence constitutes a violation of governmental authority and responsibility as regulated under Law No. 11 of 2010, thereby fulfilling the elements of an Unlawful Act (PMH). The first element is the omission of an act, namely the failure to designate the land as a cultural heritage site from the outset. The second element is that the act was unlawful because it did not comply with legal procedures and contradicted the obligation of protection. The third element is the occurrence of harm in the form of damage and reduction of land area. The fourth element is the causal relationship between the government's negligence and the resulting loss.