Penal Mediation Policy of Land Criminal Offense Resolution in the Outer Courts of Indonesia

Abstract

A land was a masterpiece that was created by the Almighty God had been given to mankind who lives at starting their born, their activities in the world until death. Therefore, the land was a basic human need, which required a land for living, to grow a crops, investing to be a source of life. Cosmological, the land was wherein the people lived, to work and live, activity places, and a rest after hard working. The land was a natural resource that was needed by human, the human needs for land always increasing, and land availability will be limited. Due it’s limitation, it was impacted an economic value was higher based on increasing demand for land, therefore, the land was true for residential shifted into business items that led to the competition was very tight and raised a legal issues unlike the land disputed in aspects Civil law, the law of the State Administration to Criminal Offense. The criminal policy towards a land criminal offense resolution resolved through various means that penal policies and non-penal policy / mediation penal, penal mediation policy as one of the best ways for settling disputes on the outer courts in Indonesia based on the philosophical basis of Pancasila state solution based on the precepts 4 th , democracy led by the policy wisdom in the consultative / representative of the essence of each problems resolved by discussion and consensus, especially, on criminal cases land in the form of crime / offense against the annexation of land rights, occupying land without the landowner's permission, forging documents of land ownership, doubling certificate of property rights to land, embezzlement rights over immovable unlike a land, houses, and fields. The criminal offense other than intentional, negligent as well as was structured, due to the circumstances and the need that was conducted by any individual or legal entity offender.