Legal Protection Of Land Rights Owners Due To Land Mafia Crimes Based On Justice

Abstract

The aim of this research is to examine and analyze legal protection for land rights owners due to current land mafia crimes; reviewing and analyzing legal protection policies for land rights owners due to justice-based land mafia crimes in the future. The approach method used when preparing a thesis is normative juridical research. The results of this research are legal protection for land owners based on Article 3 and Article 4 of Government Regulation Number 24 of 1997 in conjunction with Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flats and Land Registration, where the purpose of land registration is to provide certainty. law and protection for rights holders in a field. In the criminal realm, legal protection of land rights is regulated in Article 263 of the Criminal Code, and several other articles relating to land crimes which are regulated in articles 385, 389, 263, 264, 266 of the Criminal Code (Pre-acquisition), article 425 of the Criminal Code (Control by extortion ), article 167 and article 168 of the Criminal Code (control without rights). The handling of cases of land mafia practices that have occurred so far has never reflected the principle of caution and respect for land rights holders. In practice, in handling land mafia cases, actions are often carried out arbitrarily, which are detrimental to the actual land rights holders, so that when the implementation is not carried out properly, it is unfair and there is no balance between the sacrifices requested from the people, which should be carried out through a fair process. So that in the future there is a need for legal reform regarding the idea of positive publication. It can be seen that the legal substance of land registration which adheres to the positive publication system still needs to be formed to provide more justice as part of the renewal of the national legal system. It is hoped that in the future, the implementation of changes or revisions to regulations regarding negative publications becoming positive publications can close the loopholes in land mafia crimes. This idea is the most basic, namely on prevention and the direction of eradication from the administrative side.