Law Enforcement Against Abuse of Authority by The Lurah in Issuing Multiple Certificates (Case Study in Medokan Subdistrict, Surabaya)
Abstract
This study examines the enforcement of law against the abuse of authority by a village head (lurah) in the issuance of double land certificates, with a case study in Medokan Subdistrict, Surabaya. The issue of double certificates represents a serious failure in land administration that directly undermines legal certainty and the protection of community land rights. In practice, the issuance of double certificates is often linked to the abuse of authority by local government officials through manipulation of juridical data, issuance of unlawful land statements, and disregard for the principle of prudence in public service. This research employs an empirical juridical method with a qualitative approach, combining statutory analysis with an examination of legal practices in the field. Data were collected through literature review, legal documents, and analysis of relevant empirical facts. The findings indicate that weak supervision, low integrity of officials, and an underdeveloped land administration system are the main factors contributing to the occurrence of double certificates. Law enforcement against officials who abuse their authority still faces significant obstacles, particularly in terms of evidence and inter-agency coordination. This study is expected to contribute academically to the development of notarial and land law, as well as provide practical recommendations for improving land administration governance based on legal certainty and justice.
Full Text:
PDFReferences
Journals:
Amelia, Risky. “Factors Causing the Occurrence of Double Land Certificates Based on the UUPA.” Jurnal Ilmiah Rechtszekerheid, Vol. 1 No. 1, July 2024.
Anggraeni, Dewi, Dhody AR Widjajaatmadja, and Zulkarnein Koto. “Legal Certainty in Issuing Dual Certificates for Land Ownership Rights Holders.” Indonesian Multidisciplinary Journal, Vol. 2 No. 8, August 2023.
Azhar & Dharsana, IMP “The Effectiveness of Using Electronic Certificates in Preventing Land Document Forgery.” Journal of Law, Humanities and Politics, Vol. 5 No. 2, 2024.
Dewi, RARM & Susantio. “The Use of Electronic Certificates to Improve Land Registration Efficiency in Land Mafia Prevention Efforts.” Jurnal Syntax Admiration, Vol. 5 No. 9, 2024.
Furqan, Imam A. “Legal Protection of Ownership Certificates against the Issuance of Duplicate Certificates.” Sovereignty, Vol. 2 No. 3, September 2023.
Ginting, Edi Antoni & Tetti Samosir. “Legal Consequences of Overlapping Land Ownership Certificates.” Imanot: Journal of Law & Notary Students, Vol. 3 No. 2, June 2024.
Ginting, Sryani & Ricky. “Legal Consequences of Dual Certificates in Indonesian Land Law.” Law Pro Justitia, 2020.
Haerudin & Dilla Hariyanti. “Accountability of the Land Office for the Issuance of Duplicate Certificates (Case Study of Decision No. 31/G/2022/PTUN.SMG).” Constitutum: Scientific Journal of Law, Vol. 2 No. 2, July 2024.
Hanisa, Intan, IGKA Handayani, & Lego Karjoko. “Legal Implications of Dual Certificate Disputes on the Certainty of Land Rights and the Principle of Legal Certainty in Indonesia.” Wara Sains Journal of Law and Human Rights, Vol. 4 No. 1, 2024.
Herman et al. “Electronic Certificates as Proof of Land Ownership.” Innovative: Journal of Social Science Research, Vol. 3 No. 2, 2023.
Herawza et al. “The Efficiency of Electronic Land Certificates in the Land Registration Legal System.” Unes Law Review, Vol. 6 No. 1, 2023.
Laksono, Vinsencia CA “Land Mafia and Agrarian Disputes: The Role of Electronic Land Title Certificates in Legal Protection.” Notary Law Review, 2024.
Maulana, Mukhtadir et al. “The Urgency of Electronic Certificates with AI-Based Monitoring for Land Registration Efficiency and Land Mafia Mitigation in Indonesia.” Journal of Customary Law, Vol. 2 No. 1, 2024.
Noviani, Raden Nadya A. “Legal Protection for Land Rights Owners from Land Mafia Practices in Indonesia.” Das Sollen: Journal of Contemporary Law and Society Studies, Vol. 1 No. 2, 2023.
Permadi, Iwan. “Land Mafia Crimes as a Threat to Legally Secure Land Ownership.” Legal Perspectives, Vol. 24 No. 1, 2024.
Rahmawati, Puji, Syafira R. Arbi, & Mohammad Nuralify. “Unlawful Acts of Control of Land Ownership Rights on Double Certificates.” Jurnal Hukum Lex Generalis, Vol. 6 No. 4, 2025.
Ramadhan, Adam. “Challenges of Law Enforcement in Eradicating Land Mafia: An Analysis of Land Certificate Fraud Practices in Indonesia.” Causa: Journal of Law and Citizenship, 2024.
Sari, Wulan. “Legal Review of the Implementation of Electronic Land Ownership Certificates in the Indonesian Legal System.” Cerdika: Indonesian Scientific Journal, Vol. 4 No. 8, 2024.
Tumangger & Santoso. “Law Enforcement Against Land Mafia Practices as Makers of Fictitious Certificates.” Notarius, Vol. 16 No. 2, 2023.
Yudistiara & Santoso. “Legal Power of Electronic Land Certificates as Evidence in Court.” Notarius, Vol. 17 No. 3, 2024.
Books:
Asshiddiqie, Jimly. The Indonesian Constitution and Constitutionalism. Jakarta: Sinar Grafika, 2022.
Atmosudirdjo, Prajudi. State Administrative Law. Jakarta: Ghalia Indonesia, 2021.
Azis, Ali Achmad Chomzah. Indonesian Land Law: Land Law Series I & II. Jakarta: Prestasi Pustaka, 1st ed. (Reprint 2021).
Harsono, Boedi. Indonesian Agrarian Law. Jakarta: Djambatan, 11th ed., 2023.
Hutagalung, Arie S. The Spread of Thoughts on Land Law Issues. Jakarta: LPHI, Reprint 2023.
Marzuki, Peter Mahmud. Legal Research. Jakarta: Kencana Prenada Media Group, Reprint 2023.
Regulations:
Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates.
Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, and Land Registration.
Government Regulation Number 24 of 1997 concerning Land Registration.
The 1945 Constitution of the Republic of Indonesia.
Law Number 5 of 1960 concerning Basic Agrarian Regulations.
Law Number 30 of 2014 concerning Government Administration.
Law Number 1 of 2023 concerning the Criminal Code.
Refbacks
- There are currently no refbacks.
Editorial Office: TABELLIUS: Journal of Law Room 2nd Floor Imam As Syafei Building Faculty of Law Universitas Islam Sultan Agung. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia. Phone +62 24 6583584 Fax +62 24 6582455
Email : tabelius@unissula.ac.id