Implementation of Penal Mediation in Land Grabbing Criminal Acts (Studiesdecision Number 438/Pdt.G/2021/Pn.Jkt.Utr)

Abstract

Land has high economic value, and this high economic value is the reason why land is always the object of criminal acts of land grabbing. Criminal acts of land grabbing resolved through the courts have the consequence of long legal proceedings, high costs, and no guarantee that victims of land grabbing will regain ownership of their land. Penal mediation is a new alternative for resolving land grabbing disputes efficiently and optimally. However, penal mediation in land grabbing cases has not been running optimally, especially in Cirebon City. This research is a sociological juridical study. Based on the existing study, it can be seen that mediation in land grabbing cases is not regulated in the Republic of Indonesia National Police Regulation Number 8 of 2021 concerning the Handling of Criminal Acts, but is specifically regulated inPresidential Regulation of the Republic of Indonesia Number 63 of 2013 concerning the National Land Agency of the Republic of Indonesia, and Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning the Handling and Settlement of Land Cases. Despite these regulations, mediation in resolving land grabbing cases has not been optimally implemented in the community. This is indicated by some communities resolving land grabbing disputes through criminal justice. The weakness of legal substance in the implementation of mediation regulations in land grabbing cases is that the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning Handling and Settlement of Land Cases has not regulated the definition and elements of acts in land grabbing acts, then the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning Handling and Settlement of Land Cases has not regulated the administrative sanctions that can be imposed on perpetrators of land grabbing by the BPN in order to protect the rights of victims of land grabbing. The weakness of the legal structure is that the role of the BPN is not yet optimal in socializing the existence of a land dispute mediation mechanism to the community, while the weakness of the legal culture is the low level of public trust in resolving land disputes through mediation at the BPN.