Using Other People's Land without Permission Which Is Reviewed from a Criminal-Legal Aspect
Abstract
The land has several dimensions, including social dimensions, political dimensions, economic dimensions, and ecological dimensions. Problems in the land sector from the colonial era to the millennium era have never been resolved conflicts over land rights tend to increase. Therefore, it is necessary to study law enforcement against perpetrators who use land belonging to other people without proper permission. The study aims to conduct a study of perpetrators who use land belonging to other people without permission which is entitled to be reviewed by criminal law. The method used in this study is a normative juridical research method and is analyzed descriptively. Data collection through a literature study of reading sources, namely the Criminal Code Law, books and journals as well as scientific legal experts in academics related to the study.The results of the research show that land that is controlled by another party unlawfully from the perspective of criminal law is qualified as a perpetrator of the crime of land grabbing, so law enforcement is resolved through a court process to obtain justice, and Land grabbing can be subject to article 385 of the Criminal Code which is punishable by a maximum prison sentence of 4 (four) years.
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References
Reading Books
Marbun, J., R.K. Ginting, and A.Z. Please. 2021.Criminal Land Grabbing from a Criminal Law Perspective. Rectum Journal. 3(2):226-238.
Moeljatno. 2008. Principles of Criminal Law. PT Rineka Cipta, Jakarta.
Prasetyo, T. 2010. Criminal Law. Raja Grafindo Persada, Depok.
Rodliyah, S. 2019. Special Criminal Law, Its Elements and Criminal Sanctions. Raja Grafindo Persada, Depok.
Roni, S.A. Wijaya., S.M. Utomo., M.D.O, Pratama, and B. Santosa. 2023. Legal Sanctions for Perpetrators of Controlling Other People's Land Without Permission Based on Law Number 51 of 1960 concerning Prohibition of Using Land Without the Authorized Person's Permission or Power. Journal of Consensus Legal Studies. 1(3): 65-70. http://www.consensus.stihpada.ac.id/ e-issn : 2962-2395
Rubai, M. 2001. Principles of Criminal Law. State University of Malang Press and Faculty of Law, Brawijaya University, Malang.
Setiady, T. 2010. Principles of Indonesian Penitentiary Law. Alphabeta, Bandung.
Sutedi, A. 2007. Transfer of Land Rights and Registration. Sinar Graphics., Jakarta.
Teguh, H.P. and U. Saepullah. 2016. Theory and Practice of Special Criminal Procedure Law. Pustaka Setia Budi, Bandung.
Legislation
The 1945 Constitution of the Republic of Indonesia.
Criminal Code (KUHP).
Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles.
Law Number 1 of 2023 concerning the Criminal Code.
Government Regulation Number 24 of 1997 concerning Land Registration.
Government Regulation instead of Law Number 51 of 1960 concerning Prohibitionof Land Use Without the Permission of the Entitled or Authorized Person.
The authors and co-authors warrant that the article is their original work, does not infringe any copyright, and has not been published elsewhere. By submitting the article to GPH-International Journal of Social Science and Humanities Research, the authors agree that the journal has the right to retract or remove the article in case of proven ethical misconduct.