Critical Studies of the Land Mafia Practices: Evidence in Indonesia

Abstract

This study aims to present an overview of land mafia practices in Indonesia which raises problems of land cases, land dispute conflicts that lead to Staat Van Oorlog en Beleg (SOB) or a state of emergency. The actions and modus operandi of the land mafia in Indonesia are carried out both individually and in groups based on bad intentions involving politicians, criminals, property traders and corrupt government officials. The research methodology used is normative law with a qualitative analysis approach. This document uses primary, secondary and tertiary legal data which is processed from scientific contributions published in research academic databases. This scientific contribution concludes that it is hoped that the problem of land disputes in Indonesia can be resolved properly and amicably. It is hoped that a comprehensive study that includes the government can be carried out as soon as possible so that the problem of land disputes due to land mafia actions does not have the potential to spread and be resolved properly and correctly. Land dispute resolution mechanisms can be resolved by the government by adopting settlements carried out by professional parking authorities. This basic reason is a manifestation of the rights and responsibilities of each party. This study is of interest to the government and legislators, academics and land observers to address SOB related to land mafia practices in Indonesia as a crime in the land sector.

Juridical Review of Double Certified Land Dispute Settlement in The Scope of Agrarian Law

“…The absence of straightforwardness brought about by restricted information and data in regards to land control and proprietorship, as well as the absence of straightforwardness of data accessible locally, is one of the reasons for the underlying development of land debates. [3] Land ownership in Indonesia itself, if traced from its history, can be divided into two periods, namely land ownership before and after the promulgation of the Basic Agrarian Law (UUPA). Land ownership in the period before the promulgation of the UUPA gave rise to a legal dualism governing land in Indonesia, on the one hand, Dutch colonial land law applied or adhered to the Western Civil Law system, and on the one hand, the Customary Law system also applied which applies to native people who do not have written evidence, which is often called customary land or ulayat land.…”