Analysis of the Authority of Community Organizations in Conducting the Sealing and Confiscation of Assets

Abstract

The involvement of community organizations (ormas) in acts of sealing and confiscating assets reflects a shift in their role from social organizations to actors resembling law enforcement authorities. In practice, such actions often arise in land disputes, business conflicts, or pressure against certain parties under the justification of protecting public interests. However, under the Indonesian legal system, the authority to conduct sealing and confiscation is exclusively granted to law enforcement agencies and judicial institutions pursuant to statutory regulations. Consequently, actions undertaken by ormas potentially violate the principles of legality, due process of law, and the rule of law. This study employs a normative juridical research method using statutory and conceptual approaches. The legal materials consist of primary legal sources, including legislation, court decisions, and official documents, as well as secondary legal materials such as books, journals, and legal doctrines. The analysis was conducted through stages of editing, systematization, and description of relevant legal provisions. The findings demonstrate that ormas, as private entities, do not possess authority through attribution, delegation, or mandate to carry out coercive actions such as sealing and confiscation. Such conduct may therefore be classified as an abuse of authority in the form of arbitrary action without lawful authorization. From the perspective of criminal law, these acts may fulfill the elements of criminal offenses, including unlawful appropriation, extortion, or unauthorized control of property. From the standpoint of civil law, such actions may constitute unlawful acts (torts), giving injured parties the right to seek compensation for damages. Furthermore, within administrative law, actions exceeding the lawful functions of ormas may result in administrative sanctions, including warnings, suspension of activities, and revocation of legal entity status.