Formulation of Criminal Law against Criminal Acts in the Land Sector in Indonesia

Abstract

Soil is something that is very important for human life. Matters related to land require legal certainty for holders of land rights through a land registration activity. However, there are still problems in the land sector, namely the occurrence of land grabbing, so that the government makes legal rules which include criminal sanctions, such as land grabbing. in the Criminal Code is still too narrow, especially usurpation. Based on the legal issues, it is narrowed down in the formulation of the problem, namely: What are the forms of criminal acts in the land sector? How is the formulation of criminal law in dealing with crimes in the land sector? The term occupying is considered more appropriate, because the land is large and not just a yard as in Article 167 of the Criminal Code concerning land grabbing. Articles 263, 264, 266, of the Criminal Code are falsification of land rights documents, Article 385 of the Criminal Code contains elements of embezzlement of rights to immovable objects. The formulation is able to provide legal protection for individual land rights, legal entities, as well as for customary land or customary rights as long as the law or the community still adheres to the customary law applicable in their environment. Of course, this is driven by the mandate contained in Article 18 letter B of the 1945 Constitution. The objectives to be achieved are to describe the forms of actions that constitute criminal acts in the land sector and to find formulations of criminal law in dealing with crimes in the land sector.